(a)
General miscellaneous uses covered in this article, are such that
they cannot be confined to particular zones. In those zones where
such land uses tend to adversely affect the principal use of the zone,
the use is made subject to the issuance of a conditional use permit.
One purpose of this article is to establish the criteria for the issuance
of such conditional use permits and various regulatory provisions
therefor. The other purpose of this article is to establish provisions
for several land uses which create special problems of regulation
and control. The provisions of this article are intended to minimize
the adverse effect of those uses on surrounding properties in order
to foster higher standards of development. When said adverse effects
of any such conditional use on surrounding properties or the community
as a whole cannot be prevented by the imposition of reasonable conditions,
then the city may, and reserves the right to, deny such conditional
use permit.
(b)
The provisions of this article shall not be construed to limit or
interfere with the installation, maintenance and operation of water
lines, sewer lines, gas lines or other public utility pipelines and
overhead electric and communication lines and associated appurtenances
(exclusive of buildings) when installed, maintained and operated in
accordance with all other applicable laws.
(c)
The Escondido Zoning Code has always been and is a permissive zoning code. Under a permissive code, no use may be established or operated within a building or on land unless the use: (1) qualifies as an expressly listed use pursuant to Chapter 33; and (2) has first received and maintained all permits or approvals needed to qualify as a lawful use.
(1)
Only lawful uses may be legally established, operated, or maintained
on land or in a building within the City of Escondido.
(2)
It is unlawful, prohibited, and a violation of this code for a person
to manage, operate, or materially contribute to a use which constitutes
an unlawful use. "Unlawful use" means any primary or accessory use
which is not a lawful use.
(3)
A person maintains and operates an unlawful use if the person: (a)
is an owner or partial owner of the unlawful use; (b) holds an equity
or other legal interest in the unlawful use which gives the holder
managerial control in the operation of the unlawful use; or (c) is
a primary manager of the unlawful use, whether or not on-site. A person
operates or materially contributes to an unlawful use if the person:
(a) is an on-site manager of the unlawful use during any period that
the unlawful business is open; (b) is hired to provide or otherwise
provides security at the unlawful use; or (c) is an employee at or
worker in any way associated with the unlawful use. For purposes of
this paragraph, an employee or worker is a person who provides on-site
work or services for the benefit of the unlawful use (whether or not
hired by the unlawful use as an employee) during a period when there
are no more than two persons present at the site of the unlawful use
(other than security) who are performing work for the benefit of the
unlawful use.
(4)
Enforcement against an unlawful use may occur using any or all available
legal means, including without limitation, the issuance of administrative
citations, civil proceedings, nuisance proceedings, or criminal proceedings.
(d)
The provisions of this article shall be in addition to any other
applicable ordinance or regulation.
(Zoning Code, Ch. 108, § 1085.11; Ord. No. 2016-01, § 4, 2-3-16)
Conditional use permits for airports, heliports and landing
strips may be granted by the planning commission upon consideration
of the following criteria:
(a)
The site should be of adequate size for the proposed use and the
possible future expansion thereof;
(b)
The site should be reasonably compatible with nearby land uses;
(c)
The site should be such that the proposed use will not create a nuisance
by causing excessive noise, dust or vibration;
(d)
The proposed use should not have an adverse effect on the safety
and welfare of the surrounding community.
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All conditional use permits for airports, heliports and landing
strips shall be made subject to the granting of a license or a permit
from the cognizant state or federal aviation agency.
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(Zoning Code, Ch. 108, § 1085.12; Ord. No. 2018-20, § 7, 11-28-18)
Conditional use permits for cemeteries may be granted by the
planning commission upon consideration of the following criteria:
(a)
Access to the site should be sufficient and should not create traffic
congestion;
(b)
The site should be obscured from view by natural or artificial screening.
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The planning commission may require the applicant for a conditional
use permit for a cemetery, crematory, mausoleum or columbarium to
include with his or her application a site map, the names and addresses
of all residents within a radius of 2,000 feet from the exterior boundaries
of the proposed site, a proposal for the perpetual care of the facility,
proof of financial ability to develop and maintain the facility and
such other information as may be reasonably necessary to adequately
process the application.
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The commission shall set a reasonable filing fee to be charged
the applicant in order to cover costs involved in processing the application.
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(Zoning Code, Ch. 108, § 1085.13; Ord. No. 2018-20, § 7, 11-28-18)
For nursery, primary and secondary education (except small and
family day care homes), permits, as required by the underlying zoning
designation, may be granted by the director, zoning administrator
or planning commission upon consideration of the following criteria:
(a)
An off-street area for the loading and unloading of children from
vehicles should be provided and should be designed so as to provide
for the forward movement of vehicles both upon entering and leaving
the site;
(b)
The use shall be conditioned upon there being off-street parking
in conformance with Article 39 of this chapter.
(Zoning Code, Ch. 108, § 1085.14; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2023-06, § 3, 3-8-23)
Small and large family day care homes (as defined in section
33-8 of Article 1 of this chapter) shall conform to all development
standards specified for the zone in which such home is located.
(Zoning Code, Ch. 108, § 1085.14.1; Ord. No. 97-22, § 2, 10-22-97)
Facilities for youth organizations may be approved as permitted
uses in specified commercial zones and by conditional use permit granted
by the planning commission in specified residential zones upon consideration
of the following criteria:
(a)
An off-street area for the loading and unloading of children from
vehicles should be provided and should be designed so as to provide
for the efficient movement of vehicles both entering and leaving the
site;
(b)
The provision of adequate and off-street parking in conformance with
the standards of Article 39 including at least one space for each
employee and additional spaces dependent upon the nature of the activities
at the facility which may require visitor parking;
(c)
Outdoor recreational areas, including those required by applicable
licensing agencies, should be located outside of required front yards
and should be enclosed by a six foot masonry or decorative solid wood
fence to avoid potential conflicts with traffic areas;
(d)
The facilities should incorporate architectural features, landscaping
and utility building heights compatible with surrounding uses;
(e)
Special attention should be given to lighting and noise generated
by outdoor activities and measures to ensure compatibility with adjacent
properties.
(Zoning Code, Ch. 108, § 1085.14.2; Ord. No. 2018-20, § 7, 11-28-18)
(a)
Conditional use permits for churches may be granted by the zoning administrator or planning commission pursuant to Article 61, Division 1, upon consideration of the following criteria:
(b)
A conditional use permit for a church shall be conditioned upon provision
being made for landscaping, which will screen parking areas from view
from surrounding properties. Day school activities shall not be permitted
unless the conditional use permit so provides, in which case, the
requirements of section 33-1103 of Article 57 of this chapter shall
apply.
(c)
The zoning administrator or planning commission may waive up to 50%
of the off-street parking requirements for "urban churches" upon consideration
of the following criteria:
(1)
The project site involves an existing church located within a multifamily
residential zone with a density of 12 du/acre or greater;
(2)
The parking incentive request is in conjunction with a conditional
use permit;
(3)
The parking on site with the proposed project does not result in
a higher ratio than currently exists;
(4)
Adequate pedestrian amenities (sidewalks, crosswalks, etc.) exist
or will be provided in the surrounding area;
(5)
On-street parking is available along the project frontage; and
(6)
Sufficient documentation can be provided indicating that at least
40% of the congregation lives within one mile radius of the church
and that operational measures will be implemented to minimize vehicular
traffic, including, but not limited to, limiting hours of operation,
minimizing peak-traffic uses from occurring concurrently, and encouraging
ridesharing and pedestrian traffic.
(d)
For purposes of applying this section, an urban church is one which
serves a congregation whose members are geographically close to each
other, identifiable by a neighborhood rather than a region of a city.
The congregation of which approximately 50% will rely on public transportation
or will walk to church and other neighborhood services.
(Zoning Code, Ch. 108, § 1085.15; Ord. No. 2003-32(R), § 4, 11-19-03; Ord. No. 2017-03R, § 4, 3-22-17)
Wineries may be permitted or conditionally permitted pursuant
to section 33-94 of Article 6, upon consideration of the following
criteria:
(a)
Areas not devoted to agricultural production including the primary
residence, the winery, ancillary structures, parking, landscaping,
storage and loading areas, excluding driveways from the main road
to the facility, shall not exceed three acres;
(b)
Uses not directly related to wine production, including wine tasting,
retail sales of wine oriented merchandise, meeting rooms for reception
and food service shall generally occur indoors, be integrated with
the winery facility and shall be ancillary to the primary activity;
(c)
All winemaking operations shall generally be conducted within enclosed
buildings. Structures used for the winery operation and any outdoor
operation shall generally be located in the central and interior portion
of the site to provide maximum separation from surrounding properties;
(d)
Wine production may include grapes and/or fruit grown off site and
delivered to the facility; and
(e)
Wine tasting, if proposed, shall only involve product produced from
the on-site winery.
(Ord. No. 2004-06, § 7, 4-14-04; Ord. No. 2017-07, § 4, 6-7-17)
The subdivider shall be required to file with the city a declaration
of covenants, conditions and restrictions, naming the City of Escondido
as a party to said declaration and authorizing the city to enforce
the terms and conditions of the declaration in the same manner as
any owner within the subdivision. Said covenants, conditions and restrictions
shall be reviewed by the city attorney and any amendments, substitutions
or corrections he may deem necessary shall be submitted to the city
council. The covenants, conditions, and restrictions and the recommendations
of the city attorney, including the above mentioned declaration, shall
be subject to the approval of the city council concurrent with the
approval of the final map of the subdivision.
(Zoning Code, Ch. 108, § 1085.15.1)
(a)
Definition. As used in this section, a swimming pool is any confined
body of water, located either above or below the finished grade of
the site, which exceeds 100 square feet in surface area and two feet
in depth, and which is designed, used or intended to be used for swimming
or bathing purposes. The provisions of this section do not apply to
indoor pools.
(b)
Front, side and rear yards.
(1)
All swimming pools constructed after the effective date of the ordinance
codified in this article shall be subject to the front yard and side
yard setback requirements as set forth in the applicable zoning regulation,
but in no case shall a swimming pool be located closer than five feet
from any property line.
(2)
Tanks, heating, filtering and pumping equipment shall be subject
to the front yard and side yard setback requirements of the applicable
zone, except that such accessories may be located within such required
yards if installed entirely below the finished grade of the site and
covered with a permanent protective cover. In the rear yard, tanks,
filtering and pumping equipment must provide at least a five foot
separation to the rear lot lines.
(3)
No single pool or combination of pools or spas shall cover more than
50% of the required lot area, pursuant to section 33-1079.
(c)
Fence requirements and protection measures against drowning.
(1)
Every swimming pool shall be enclosed by a natural barrier, wall,
fence and/or other structure having a minimum height of five feet
and constructed or situated so as to prevent unauthorized entrance
thereto. Such fence, structure or wall shall not occupy a front yard
required by applicable zoning regulations but may occupy a side or
rear yard so required;
(A)
The enclosing wall or fence shall comply as an enclosure as
defined in the Swimming Pool Safety Act (Health and Safety Code section
115923) and the International Swimming Pool and Spa Code;
(B)
The fence, gate and all other protective devices shall meet
all fire exit requirements and other applicable provisions of law;
and
(C)
Public pools and pools associated with multifamily facilities
are subject to pool enclosure and safety feature provisions regulated
by the Department of Environmental Health.
(2)
Swimming pools require the following measures against drowning or
injury:
(A)
At least two nonredundant additional safety features listed
in Health and Safety Code section 115922, accepted by the city building
official; and
(B)
Other safety feature provisions deemed necessary by the city
building official for entrapment avoidance.
(d)
Variances and exemptions. The building inspector may waive the fencing
requirements of this section upon an adequate showing that an alternative
safeguard against unauthorized entry to the swimming pool exists or
will be provided, and that the physical conditions of the site make
the erection of a fence or wall impractical.
(Zoning Code, Ch. 108, §§ 1085.16.1—1085.16.32; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2020-31R, § 6, 1-13-21)
A subdivision sales office may be established within the boundaries
of a new subdivision, in residential zones in which subdivision sales
activities are a permitted use, subject to the following conditions:
(a)
No transaction involving a property outside the limits of the subdivision
may be conducted at such sales office;
(b)
That such subdivision sales office shall not be operated or maintained
for a period exceeding 18 months, or until all the lots in the subdivision
have been sold, whichever occurs first. The director of community
development may, for good cause, grant an extension of said period
up to one additional year.
(Zoning Code, Ch. 108, § 1085.17; Ord. No. 2018-07R, § 7, 4-18-18)
(a)
Outdoor dining for legally established restaurants and eating establishments
shall be exempt from providing additional parking for an area up to
300 square feet, provided the use conforms with all required parking
standards for its indoor dining area, subject to the following conditions
and administrative review:
(1)
The establishment requesting outdoor dining shall conform to all
sections of the Municipal Code. Outdoor dining areas not in compliance
with the required provisions of this article operating prior to October
5, 1994, may continue provided: (A) continuous existence; and (B)
use of the outdoor dining area can be demonstrated to the satisfaction
of the director department and no violations of state, federal or
health and safety regulations exist.
(2)
All outdoor dining furniture, including tables, chairs, umbrellas
and planters, shall be movable. Umbrellas must be secured with a minimum
base of not less than 60 pounds. Outdoor heaters, amplified music
or speakers shall be reviewed at the time of application.
(3)
No signage shall be allowed in the outdoor dining area, except for
the name of the establishment on an awning or umbrella valance.
(4)
The outdoor dining area may only serve food and beverages prepared
or stocked for sale by the adjoining indoor eating establishment,
provided that the service of alcoholic beverages solely for on-premises
consumption by customers within the area of the outdoor dining area
has been licensed by the state authorities to sell such beverages
for consumption within the outdoor dining area.
(5)
The area in which the outdoor dining area is located shall be delineated
from parking spaces, drive aisles, and sidewalks by a barrier consisting
of railings, fences, or walls, or a combination of railings, fences,
and walls, and planter boxes that are 42 inches in height or less.
Acceptable materials include decorative wrought iron, tubular steel,
wood, masonry, or other durable material that is suitable for outdoor
use on a permanent basis. A clear, transparent material may be used
on top of the barrier, not to exceed a total height of five feet.
Awnings or umbrellas may be used in conjunction with an outdoor dining
area, which may also be covered with a permanent roof or shelter provided
all California Building Code requirements are met. Barriers adjacent
to parking stalls or drive aisles shall include reflective materials
and shall be designed in a manner so as to provide protection to the
outdoor dining area.
(6)
The outdoor preparation of food and busing facilities are prohibited
at outdoor dining areas. The presetting of tables with utensils, glasses,
napkins, condiments and the like is prohibited. All exterior surfaces
within the outdoor dining area shall be easily cleanable and shall
be kept clean at all time by the permittee. Restrooms for the outdoor
dining area shall be provided in the adjoining indoor eating establishment
and the outdoor dining seating shall be counted in determining the
restroom requirements of the indoor restaurant.
(7)
The permittee shall remove all trash and litter as they accumulate.
The permittee shall be responsible for maintaining the outdoor dining
area, including the floor surface, furniture and adjacent areas in
a clean and safe condition.
(8)
Hours of operation shall be identical to those of the indoor eating
establishment.
(9)
No required landscaping shall be eliminated unless replaced on site.
(10)
Outdoor dining shall meet current California Building Code and Americans
with Disabilities Act requirements for accessibility.
(b)
Outdoor dining for restaurants and eating establishments exceeding 300 square feet shall be subject to the conditions stated in subsection (a) of this section, as well as the following conditions:
(1)
The establishment conforms with all required parking standards. Additionally,
no required vehicle parking spaces shall be eliminated in order to
accommodate the outdoor dining area unless replaced on site.
(2)
Additional parking shall be provided for the area exceeding 300 square
feet at a ratio of that required for indoor dining areas. Additional
parking shall be provided either on site or along the street fronting
the establishment, or through a joint use or other arrangement deemed
appropriate by the city.
(3)
Landscaping/buffering shall be incorporated into the outdoor dining
area subject to planning division approval which may consist of container
plants, permanent landscape areas, garden walls, temporary fencing
or other satisfactory measures to delineate the area devoted for outdoor
dining.
(c)
Conversion of required off-street parking. The conversion of at least
two and up to 25% of required off-street parking spaces for the establishment
of permanent outdoor dining may be permitted as an administrative
adjustment to nonresidential parking subject to the provisions of
section 33-764 of this chapter
(d)
Design review in accordance with Article 64 of this chapter shall
be required for all outdoor dining areas.
(Ord. No. 94-32, § 8, 12-7-94; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2023-07 § 3, 2-15-23)
In any residential zone, detached accessory buildings shall
have front, side and rear yards of the same minimum standards as are
required for the main buildings, except as hereinafter provided.
If the city engineer determines that no hazard to pedestrian
or vehicular traffic will be created thereby, 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 graded one foot for each five
feet horizontal distance; or
(b)
If the elevation of the front half of the lot or building site is
more than four feet above established street grade.
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Such garage or carport may not extend more than 50% of the street
frontage of the lot or building site. The applicable side yard requirements
of the zone shall apply except where the wall of the garage or carport
adjacent to a side lot line is at least two-thirds (⅔) below
the natural ground level of the adjacent property and the highest
point of such wall is less than four feet above said adjacent ground
level.
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(Zoning Code, Ch. 108, § 1085.19)
The city council shall, after recommendation by the city planning
commission, adopt a resolution setting forth standards and design
criteria to be utilized in approving automobile service stations.
The planning commission, or the city council on appeal, shall apply
all of the standards and criteria in said resolution as conditions
of every conditional use permit granted for a service station, unless
specific findings are made and enumerated in the resolution of approval
stating the unique circumstances and undue hardship that require a
modification to the standards and criteria.
(Zoning Code, Ch. 108, § 1085.20; Ord. No. 2018-20, § 7, 11-28-18)
(a)
General requirements. The following requirements and standards apply
to boutique car sales, car dealerships, tractor and heavy truck sales,
vehicle repair services, fleet storage and tow yard storage, and junkyards
and wrecking yards.
(1)
Required building. A permanent structure or building with a minimum
of 300 square feet shall be maintained on-site to support the land
use activity. The building shall be a permanent structure. The quality
of architecture and building materials of all on-site structures shall
meet or exceed surrounding structures. Modular or portable buildings,
trailers, or mobile homes for this purpose are prohibited.
(2)
Amplified sound. The use or installation of a public address system
or amplified sound system is prohibited. No loud or boisterous noises
are allowed to emanate from the place of business, either by persons
congregating there or by the playing of recording instruments, radios,
and/or television sets or other sound-producing equipment.
(3)
Parking areas. Customer and employee parking areas shall be easily
accessible and located separately from vehicle display or storage
areas. Ground markings and signs shall clearly indicate the location
of customer and employee parking.
(4)
The property shall be developed and maintained in a neat, quiet,
and orderly condition and operated in a manner so as not to be detrimental
to adjacent properties and occupants. This shall encompass the maintenance
of exterior façades of the building, designated parking areas
serving the use, walls and fences and the perimeter of the site (including
all public parkways).
(b)
Boutique car sales. Boutique car sales shall be allowed as provided in any Permitted and Conditionally Permitted Principal Use Matrix and shall comply with the development standards of the zoning district, general development standards of subsection (a) above, and this subsection. No boutique car sales project shall be granted a permit unless the following requirements are satisfied:
(1)
That the area controlled by the business is of sufficient size to
allow storage or display on-site of no more than two cars in paved
and lined spaces no smaller than eight and one-half (8½) feet
in width and 18 feet in length.
(2)
Display. Vehicles shall not be displayed on any above ground apparatus.
The use of temporary structures and/or devices to elevate vehicles
above the average grade of the site for display is specifically prohibited.
All vehicle inventory must be stored on-site and not in the public
right-of-way.
(3)
No boutique car sales establishment shall be operated in conjunction
with nor share any operating space with any other boutique car sales
or car dealership business.
(4)
Any lights provided to illuminate any car sales area permitted by
this section shall be comparable and of the same intensity to that
of the rest of the commercial or industrial area or premises and so
arranged to reflect the light away from adjacent properties.
(c)
Car dealerships and tractor or heavy truck sales, storage, or rental. Car dealerships and tractor or heavy truck sales shall be allowed as provided in any Permitted and Conditionally Permitted Principal Use Matrix and shall comply with the development standards of the zoning district, general development standards of subsection (a) above, and this subsection. No dealership project shall be granted a permit unless the following requirements are satisfied:
(1)
That the area controlled by the business is of sufficient size to
allow storage or display of on-site of vehicles in paved and lined
spaces no smaller than eight and one-half (8½) feet in width
and 18 feet in length. Employee and customer parking of no fewer than
three spaces shall be provided at a minimum, provided that one additional
employee/customer parking space shall be required for each additional
20 spaces used for storage or display. Additional off-street parking
may be required pursuant to Article 39.
(2)
Display. All vehicle inventory must be stored on-site and not in
the public right-of-way.
(3)
Landscaping. The vehicles and other display materials shall be set
back five feet from a street and shall not be located in required
parking areas. Wheel stops or some other type of protective device
shall be provided as necessary to prevent vehicles from damaging fences,
walls, buildings or landscaped areas, or from extending across any
public or private property lines. A landscape planter a minimum of
five feet wide shall be provided along all street frontages, subject
to Water Efficient Landscape Standards and street tree planting standards.
Said landscaping shall be continuous and include a decorative planter
area at the corner of intersecting streets unless a building is located
at the corner or otherwise prevents continuity.
(d)
Vehicle repair services. Vehicle repair services shall be allowed as provided in any Permitted and Conditionally Permitted Principal Use Matrix and shall comply with the development standards of the zoning district, general development standards of subsection (a) above, and this subsection. No vehicle repair services project shall be granted a permit unless the following requirements are satisfied.
(1)
All tires, barrels, new or discarded auto parts, vehicles under repair
and other storage of materials used or sold on the premises must be
stored and maintained inside the building if in a CG commercial zone
(section 33-337), M-1 industrial zone (Section 33-571), or similar
zone district; or screened from view from adjacent properties and
streets by a solid screen barrier in the M-2 industrial zone (section
33-571).
(A)
Outdoor storage of non-operational vehicles is prohibited in
all zones, subject to subsection (5), unless authorized as a permitted
or conditionally permitted use (refer to "tow yard and storage") and
reviewed and approved for code compliance.
(B)
No person engaged in conducting or carrying on the business
of an auto repair shop as defined in the Zoning Code shall store,
display or park upon a public street or highway any motor vehicle
in his/her possession or under his/her control between the hours of
5:00 p.m. and 7:00 a.m., including Saturdays, Sundays, and holidays.
(C)
No person engaged in conducting or carrying on the business
of an auto repair shop as defined in the Zoning Code, shall repair,
remodel, overhaul, recondition or paint any automobile, other motor
vehicle, or any parts thereof, in his or her possession or under his
or her control, upon any public street or highway.
(2)
Residential and street adjacency. All new structures shall be oriented
to face building, workstation, and service bay entrances, away from
abutting residential properties and the public right-of-way to the
extent practicable.
(3)
Service bays shall be screened from adjacent properties and public
view by a wall, fence, hedge or other appropriate plant or landscape
material between the service bay and the property line to the extent
practicable. Solid fencing or walls shall be constructed of brick,
block, stone or frame-stucco. An ornamental masonry wall shall be
provided along all property lines that abut property used or zoned
for residential purposes. Screening shall minimize the visual impact
to the extent appropriate, through means of placement, barrier, or
camouflage. Screening shall be designed to blend into the surrounding
architecture or landscape so that the object or land use is not apparent
to the casual observer. The face of all screen walls facing public
rights-of-way shall be landscaped with shrubs, trees, and climbing
vines. Use of walls and screening techniques shall meet crime prevention
standards and provide graffiti deterrence elements.
(4)
Landscaping required. A landscape planter a minimum of five feet
wide shall be provided along all street frontages, subject to Water
Efficient Landscape Standards and street tree planting standards.
Said landscaping shall be continuous and include a decorative planter
area at the corner of intersecting streets unless a building is located
at the corner or otherwise prevents continuity.
(5)
Automobiles that are drivable in their present condition and are
awaiting repairs are not considered to constitute "storage." Transported
automobiles must be repairable and may be stored on the site if they
are intended to be repaired. Vehicles or equipment parked or stored
on the site shall not be used as a source of parts and shall not be
sold unless the business is also licensed for vehicle or equipment
sales. A vehicle that is not in working order shall not be stored
on such premises for more than 48 hours, excluding days when business
transactions do not take place such as public holidays or the weekend.
Vehicles shall not be wrecked or dismantled; shall have hoods, trunks
and doors closed.
(6)
Tow truck operation incidental to repair. No commercial tow truck,
tractor, trailer or semi-trailer, designed to pull or transport passenger
automobiles, may be parked on the premises of a "auto supply stores
with incidental installations" or "limited auto repair" station or
service garage for more than four hours within any 24 hour period,
except in case of emergency. Exceptions to exceed the four hour limitation
may be granted for "general repair" and "commercial vehicle repair"
facilities as determined by the permit review authority. The storage
of these trucks must be within an enclosed building or service bay
of a commercial or industrial zone (CG, M-1, or M-2); or be located
in the rear half of the lot of an industrial zone (M1 or M-2 Zone)
and be enclosed by a six foot high solid wall or fence with solid
gates.
(e)
Fleet storage and tow yard storage. Fleet storage and tow yard storage shall be allowed as provided in any Permitted and Conditionally Permitted Principal Use Matrix and shall comply with the development standards of the zoning district, general development standards of subsection (a) above unless specified herein, and this section. No fleet storage or tow yard storage project shall be granted a permit unless the following requirements are satisfied:
(1)
A vehicle that is not in working order shall not be stored on such
premises for more than 48 hours. Vehicles shall not be wrecked or
dismantled; shall have hoods, trunks and doors closed; shall not be
dirty or dusty; and shall not be parked or stored on public property
or public rights-of-way. Junkyards and dismantling services is regulated
by Chapter 15 of the Escondido Municipal Code.
(2)
Sale prohibited. No vehicle or any component of a vehicle shall be
parked on public or private property advertising the vehicle or any
other service or merchandise for sale.
(3)
Required building. A building shall be required to support tow yard
storage services, if the use is maintained as a principal use, consistent
with the general development standards of subsection (a) of this section;
however, a building is not required to support fleet storage as a
principal use.
(4)
Screening. Perimeter screening shall be by a solid, uniform fence
or wall with a maximum height as specified in the ordinance of the
zoning district. Solid fencing or walls shall be constructed of brick,
block, stone or frame-stucco. An ornamental masonry wall shall be
provided along all property lines that abut property used or zoned
for residential purposes. Screening shall minimize the visual impact
to the extent appropriate, through means of placement, barrier, or
camouflage. Screening shall be designed to blend into the surrounding
architecture or landscape so that the object or land use is not apparent
to the casual observer. The face of all screen walls facing public
rights-of-way shall be landscaped with shrubs, trees, and climbing
vines. Use of walls and screening techniques shall meet crime prevention
standards and provide graffiti deterrence elements.
(5)
Landscaping required. A five foot wide planting area with trees shall
be provided along the interior sides of screen wall. A separate landscaped
planter shall be provided on-site with a minimum of five feet wide
dimensions along all street frontages, subject to Water Efficient
Landscape Standards and street tree planting standards.
(6)
Tow trucks for tow yard storage. Storage or tow trucks is considered
an integral part of the tow truck dispatching service which is the
main permitted use. When subject to the conditions of the M-2 Zone
or the WM General district of the South Centre City Specific Plan,
the storage of these trucks must be located in the rear half of the
lot and be enclosed by a six foot high solid wall or fence with solid
gates.
(7)
Fleet storage as a principal use. Demand analysis and mitigation
as specified in section 33-1125 of this article.
(8)
Fleet storage as an accessory use. Accessory fleet storage areas
must be incidental to a principal land use activity, and the accessory
storage is located on the same site or lot as the primary use, and
is considered an integral part of that business. Accessory outdoor
fleet storage and must be located in a manner that minimizes the visual
impact of the fleet storage through means of placement, barrier, or
landscape screening to the extent appropriate. Accessory fleet storage
shall not include any of the following: (A) a tow truck, tractor,
trailer or semi-trailer, designed to pull or transport passenger automobiles;
or (B) accessory display of rental, leasable, or for-sale vehicles
or equipment. The accessory storage or display of such is permitted
only if they are otherwise permitted in the zone in which the facility
is located.
(f)
Junkyards. Junkyards and wrecking yards shall be allowed as provided in any Permitted and Conditionally Permitted Principal Use Matrix and shall comply with the development standards of the zoning district, general development standards of subsection (a) above unless specified herein, and this section. No junkyards or wrecking yards project shall be granted a permit unless the following requirements are satisfied:
(1)
Required building. A building is not required to support junkyards
and wrecking yard uses.
(2)
Screening and landscaping required. Perimeter screening shall be
placed along the perimeter of the property by a solid, uniform fence
or wall with a maximum height as specified in the ordinance of the
zoning district. A five foot wide planting area with trees shall be
provided along the interior sides of solid screen wall. A separate
landscaped planter shall be provided on-site with a minimum of five
feet wide dimensions along all street frontages, subject to Water
Efficient Landscape Standards and street tree planting standards.
(3)
Demand analysis and mitigation as specified in section 33-1125 of
this article.
(Zoning Code, Ch. 108, § 1085.20.1; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2019-09, § 6, 9-11-19; Ord. No. 2020-31R, § 6, 1-13-21)
(a)
Purpose. It is the purpose of these regulations to comply with state
law(s) addressing the concurrent sale of motor vehicle fuel and alcoholic
beverages. In addition to applying minimum standards of state law
to all concurrent sale locations, the state-authorized conditional
use permit procedure is applied to concurrent sale locations where
the primary business activity is the sale of motor vehicle fuel.
(b)
Intent. It is the intent of these regulations to reduce the frequency
of impulse buying of alcoholic beverages by motor vehicle operators
or passengers and increase public awareness of the problems associated
with drinking and driving.
(c)
Development standards. All establishments which sell motor vehicle
fuel and alcoholic beverages on the same premises shall comply with
the following standards:
(1)
No alcoholic beverage shall be displayed within five feet of the
cash register or the front door unless it is in a permanently affixed
cooler as of January 1, 1988;
(2)
No advertisement of alcoholic beverages shall be displayed at motor
fuel islands;
(3)
No sale of alcoholic beverages shall be made from a drive-in window;
(4)
No display or sale of alcoholic beverages shall be made from any
ice container;
(5)
No self-illuminating advertising for beer and wine shall be located
on buildings or windows;
(6)
Employees selling alcoholic beverages between the hours of 10:00
p.m. and 2:00 a.m. shall be at least 21 years of age;
(7)
All Alcoholic Beverage Control (ABC) regulations shall be complied
with at all times.
(d)
Minor conditional use permit required. All establishments which sell motor vehicle fuel and alcoholic beverages on the same premises and have more than four fuel pump stations shall be subject to a minor conditional use permit pursuant to Division 1 of Article 61 of this chapter.
(e)
Applicability. All standards of subsection (c) of this section shall be met by January 1, 1988. The conditional use permit requirement of subsection (d) of this section shall apply to new concurrent sale establishments for which building permits are issued after the effective date of this section (February 6, 1988) et seq., or existing establishments commencing concurrent sale of motor vehicle fuel and alcoholic beverages on or after the effective date of this section et seq. The ordinance codified in this section repeals the provisions of Ords. 86-72, 86-74, and 87-59.
(Ord. No. 97-11, § 5, 6-11-97; Ord. No. 2017-03R, § 4, 3-22-17)
Animals and/or household pets may be maintained on the premises
as pets for the personal use of the occupants of each dwelling unit
in a residential zone in accordance with the following:
(a)
Tropical fish, excluding caribe and turtles.
(b)
Small birds such as canaries, parrots, parakeets, love birds, etc.,
may be kept in accordance with the following schedule:
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R-A, R-E zones
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Up to 25 total
|
|
R-1 zone
|
Up to six total
|
|
R-T, R-2, R-3 and R-4 zones
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Up to three total
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(c)
A maximum of 100 racing or homing pigeons may be kept on any lot
or parcel of land within the R-E, R-A or R-1 zone, provided the pigeon
owners in the application file with the city a letter stating their
affiliation with any state or nationally recognized racing or homing
pigeon association or federation.
The term "racing or homing pigeon" shall mean pedigree pigeons
which are banded and kept for the purpose of racing or homing sporting
events conducted by a nationally affiliated sporting association,
such as, but not limited to, the American Racing Pigeon Union or the
International Federation of Racing Pigeon Fanciers.
(d)
Adult rabbits, white mice, chipmunks, squirrels, chinchillas, guinea
pigs, hamsters and the like, only in accordance with the following
schedule:
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R-A, R-E zone
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Up to 25 total
|
|
R-1 zone
|
Up to four total
|
|
R-T, R-2, R-3 and R-4 zones
|
Up to two total
|
(e)
Household dogs and/or cats; but, if over four months of age, only
in accordance with the following schedule:
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RA, RE zones
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Up to four of each
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Up to six of each with a conditional use permit in conformance
with Sec. 33-1116(g)
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R-1 zone
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Lots < 10,000 SF
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Up to two of each
|
Up to four of each with a conditional use permit in conformance
with Sec. 33-1116(g)
|
|
Lots 10,000 SF – 20,000 SF
|
Up to two dogs
Up to three cats
|
Up to four of each with a conditional use permit in conformance
with Sec. 33-1116(g)
|
|
Lots > 20,000 SF
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Up to four of each
| |
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RT, R-2, R-3, and R-4 zones
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Up to one of each
|
Up to two of each with a conditional use permit in conformance
with Sec. 33-1116(g)
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(f)
Other similar animals which in the opinion of the zoning administrator
are not more obnoxious, detrimental or dangerous to the public and
neighboring properties than the animals enumerated in this section.
(g)
A minor conditional use permit may be granted to allow additional
animals over those permitted by this section; provided, however, that
the total number of animals so authorized shall not exceed twice that
enumerated herein, except household dogs and cats. The number of dogs
and cats allowed with a minor conditional use permit shall be as specified
in section 33-1116(e).
(h)
An animal overlay zone may be applied in the R-E (residential estates) or R-A (residential agricultural) zones upon approval by the planning commission and city council, pursuant to Article 9 of this chapter.
(i)
An accessory dwelling unit in conformance with Article 70 shall not
be considered a separate dwelling unit for purposes of determining
the number of permitted pets in accordance with this section. The
total number of household pets permitted on a parcel which contains
an accessory dwelling unit shall be the total permitted for one unit.
(Zoning Code, Ch. 108, § 1085.21; Ord. No. 90-40, § 2, 8-15-90; Ord. No. 2009-23 § 4, 11-18-09; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2018-20, § 7, 11-28-18; Ord. No. 2020-31R, § 6, 1-13-21)
(a)
Definitions.
(1)
For the purposes of this article, unless the context clearly requires
otherwise, the definitions found in the Medicinal and Adult Use Cannabis
Regulation and Safety Act codified at California Business and Professions
Code Section 26000 et seq., shall control.
(b)
Uses and activities prohibited.
(1)
All cannabis activities and uses are expressly prohibited in all
zones in the city other than as provided in subsection (c). No use
permit, variance, building permit, or any other entitlement, license,
or permit, whether administrative or discretionary, shall be approved
or issued for the establishment or operation of cannabis related activities
or uses in the City of Escondido, and no person or entity shall otherwise
establish or conduct such activities in the city.
(c)
Exemptions.
(1)
Personal use. Nothing in this article shall prohibit the personal
use of cannabis as specifically provided in California Health and
Safety Code Section 11362.1 at a personal residence, provided that
the activity or use is wholly contained within the residence and not
visible to the public.
(2)
Transportation. Nothing in this article shall prevent a duly licensed
cannabis business that is in compliance with the Medicinal and Adult
Use Cannabis Regulation and Safety Act from transporting cannabis
or cannabis products on public roads through the city to another destination
outside the city limits. No commercial or medical cannabis business
may deliver any product to any residence, office, commercial or any
other place in the city limits.
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Editor's note — Ord. No. 2007-05, § 6,
adopted March 21, 2007, repealed section 33-1117, pertaining to location
of peep shows, which derived from Zoning Code, Ch. 108, § 1085.24.
And Ord. No. 2018-03R, § 3, adopted March 21, 2018, repealed
section 33-1117 pertaining to medical marijuana, which derived from
Ord. No. 2016-01 adopted 2-3-16)
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(Ord. No. 2018-03R, § 3, 3-21-18)
The signage and setback requirements of this chapter shall not
apply to any bus stop shelters which are consistent with the following
provisions:
(a)
Bus stop shelters shall be subject to all requirements of Chapter 23 of Article 9 of the Escondido municipal code;
(b)
For the purpose of this section, the right-of-way portions abutting
a property shall be controlled by the zoning designation of the abutting
property;
(c)
Bus stop shelter locations must be approved by the planning department
and public works department prior to the issuance of building permits
subject to the provisions of this section and other criteria, including,
but not limited to, location, separation, site distance, size, lighting,
maintenance and aesthetics;
(d)
All lighting for bus stop shelters shall be subject to approval of
the police prior to issuance of building permits and shall conform
to Article 35 of this chapter;
(e)
Applicants shall provide evidence of permission from private property
owners for bus stop shelters that are located entirely or partially
on private property, to the satisfaction of the city attorney;
(f)
Bus stop shelters may encroach up to three feet from the street property
line into the adjacent parcel.
(Zoning Code, Ch. 108, § 1085.29; Ord. No. 92-47, § 4, 11-18-92)
Arts and crafts shows (as defined in section 33-8 of Article
1 of this chapter) shall conform to all standards for the zone in
which they are held, and may be held only upon issuance of an administrative
permit issued by the director of community development pursuant to
the criteria described in this section. No person shall advertise,
announce, conduct, operate or sponsor an arts and crafts show within
a residentially zoned neighborhood in conflict with the requirements
of this section. Proposals which, in the opinion of the director of
community development, do not readily conform to the criteria for
administratively approving an arts and crafts show, will be required
to obtain approval of a minor conditional use permit issued by the
planning commission at a noticed public hearing.
(a)
Application procedures. An administrative permit for an arts and
crafts show may be issued in accordance with the following procedure:
(1)
Application. An application for an arts and crafts show permit shall
be made to the planning division 60 days prior to advertising for
an arts and crafts show. No advertisement of the event shall be conducted
until final approval for the event is granted by the City of Escondido.
Advertisement of the event prior to city approval shall be grounds
for denial of the application. Application shall include the following:
(A)
Processing fee (as adopted by council resolution);
(B)
Completed application form. The applicant must be the owner
and/or resident of the property. If the resident is not the property
owner, the property owner's written consent is required;
(C)
Graphic depiction of the premises to be used for the arts and
crafts show (site plan and floor plan);
(D)
Map of the surrounding neighborhood;
(E)
Written description of where patrons of the event are expected
to park and/or be shuttled;
(F)
Any other information which is necessary for a complete review
of the application.
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The application and fee is a one-time process and fee, provided
that the scope and nature of the operation does not change or expand
over time (see subsection (a)(4)).
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(2)
Notice of intended decision. Not less than 15 days prior to the date
on which the decision will be made on the application, the director
of community development shall give notice of the proposed use by
mail or delivery to all owners shown on the last equalized assessment
roll as owning real property within a 500 foot radius of the exterior
boundaries of the residence which is the proposed location for the
arts and crafts show. In addition, if the proposed show is within
a cul-de-sac street, the residents of the entire cul-de-sac shall
receive notice.
(3)
Appeal. The applicant or other affected person may appeal the administrative
decision of the director of community development to the planning
commission which will review the case at a noticed public hearing
in accordance with the provision of section 33-1303 of Article 61
of this chapter. The cost of the appeal, if any, shall be borne by
the appellant.
(4)
Approval of show and subsequent events. Once final approval of the
arts and crafts show has been given, the city will send the applicant
a letter of approval. The applicant will be required to post the letter
of approval in a visible location for display to any city official
which may inspect the property during the event.
Prior to conducting subsequent shows the applicant will be required
to notify the planning division in writing 60 days prior to advertising
of the event. No new application form or fee will be required. If
the director of community development determines that significant
modifications are proposed, a new application, fee, and approval process
will be required. Problems associated with an operation (i.e., parking,
nuisance, violation of conditions of approval) will be considered
in the approval of future events.
(5)
Exemptions. Schools and churches may be exempt from obtaining an
arts and crafts show permit if they can demonstrate all on-site parking
will remain available to operators and patrons of the show. No on-site
parking may be displaced by exhibits or other operations related to
the arts and crafts show.
(6)
Business license required. A temporary business license shall be
required to be obtained from the City of Escondido prior to operation
of the arts and crafts show. A minimal fee (approximately $5), and
proof of an arts and crafts show permit will be required in order
to obtain the business license for operation of an arts and crafts
show event. Nonprofit organizations are exempt from this requirement
upon demonstration of proof of their non-profit status.
(b)
Approval criteria/findings. The director of community development
shall approve an arts and crafts permit based upon the following findings:
(1)
Building and fire codes. All applicable building and fire codes must
be met in order to conduct an arts and crafts show from a residential
property. The applicant must have at least two fire extinguishers
available at all times, and shall insure that all exit areas remain
open and unobstructed during the operating hours of the show. The
applicant shall agree to allow inspection by the fire department and/or
building department at any time during the event.
(2)
Hours when permitted—Length of sale—Frequency.
(A)
No person shall conduct or operate, or permit the conduct or
operation, of any arts and crafts show except between the hours of
8:00 a.m. and 6:00 p.m.
(B)
No arts and crafts show shall be conducted or operated on any
one site for a period longer than three consecutive days.
(C)
No more than three arts and crafts shows may be conducted in
any calendar year at any individual site or location. For purpose
of this section, "site" or "location" means any single-family residence,
or any other single premises within a residential zone of the City
of Escondido.
(3)
Parking and access.
(A)
At least a 20 foot clear access for emergency vehicles and surrounding
residents must be maintained at all times to the satisfaction of the
city engineer, the fire department and the director of community development.
Factors which will be examined will include, but are not limited to,
street width, street configuration, condition of the street and parking
availability in the surrounding area.
(B)
Adequate on-street parking, within reasonable proximity to the
proposed site/residence, must be available in the surrounding area
to accommodate the arts and crafts show. The amount of on-street parking
available must be commensurate with the size of the property and scale
of the proposed show, such that the anticipated parking demand will
not result in an adverse parking impact to the surrounding neighborhood.
Applicants may choose to identify an off-site parking area from which
patrons may walk (without impeding vehicular traffic), and/or be shuttled
to the subject residence. The director of community development may
approve alternative parking plans which include, but are not limited
to: (i) off-site parking and shuttle service, and (ii) parking agreements
to utilize nearby parking lots.
(4)
Property offered for sale or display. No person shall conduct or
operate an arts and crafts show at which personal property is offered
for sale or display that is not the personally crafted property of
the person conducting or operating the arts and crafts show, or the
personally crafted property of another person who is known by the
person conducting or operating the sale and who has given express
consent for the display and sale of such property.
(5)
Location of display—Manner. No person operating or conducting
any arts and crafts show shall display or permit the display of any
property for sale, or place or locate any property, within five feet
of the improved portion of any public right-of-way. The improved portion
of a public right-of-way includes sidewalks, pathways, curbs, paving,
bikeways, and any other portions of the right-of-way used or traveled
by the public.
(6)
Announcements of shows. No person shall place, post, display or circulate
any sign, bulletin, announcement, or other material advertising any
arts and crafts show, bazaar, or event except in accordance with the
following regulations.
(A)
Any such sign, bulletin, announcement or other material advertising
any arts and crafts show shall not exceed four square feet in area.
Balloons shall not be permitted.
(B)
No sign, bulletin, announcement or other material advertising
any arts and crafts show shall be placed, posted, or circulated except
on the day or days of the sale and two days preceding the sale, and
all such signs, bulletins, announcements, or other material shall
be removed by 8:00 a.m. of the day following such show.
(C)
No sign, bulletin, announcement or other material advertising
any arts and crafts show, or providing direction to its location,
shall be placed upon any public fixture within a public right-of-way,
including, without limitation, any street sign pole, utility pole,
traffic sign or signal, streetlight pole, bus or transit sign, bench
or shelter, or any traffic control device or marker. Signs announcing
arts and crafts shows are permitted at the site of the show.
(7)
Inspection of site and property. During all reasonable hours and
in any reasonable manner, the director of community development (or
designee), business license officer, code enforcement officer, or
any law enforcement officer, may inspect the site at which an arts
and crafts show is being advertised, or the personal property which
may be displayed or offered for sale, for the purpose of assuring
compliance with the provisions of this chapter.
(8)
Findings. In order for the director of community development or the
planning commission to grant approval of an arts and crafts permit,
the following findings must be made:
(A)
The issuance of the arts and crafts permit will not adversely
impact the required access for emergency vehicles or residents within
the surrounding neighborhood.
(B)
The issuance of the arts and crafts permit will not create any
adverse parking impacts upon the surrounding neighborhood.
(C)
The issuance of the arts and crafts permit will result in a
temporary event which is compatible with the surrounding neighborhood.
(D)
The site or lot is sufficiently sized and configured to accommodate
vendors and patrons such that there will be no adverse impacts upon
the surrounding neighborhood.
(Ord. No. 96-8, § 3, 3-13-96; Ord. No. 2018-07R, § 7, 4-18-18)
A fee shall be charged to the applicant and paid to the city
when a field inspection for compliance with the requirements and specifications
of this chapter is done by the planning department. The fee will be
in an amount to be established by resolution of the city council.
(Zoning Code, Ch. 108, § 1085.23)
Mini-warehouse storage facility projects shall be allowed as
provided in any Permitted and Conditionally Permitted Principal Use
Matrix and shall comply with the development standards of the zoning
district, general development standards, and this section. No mini-warehouse
storage facility project shall be granted a permit unless the following
requirements are satisfied:
(a)
Adequate security shall be provided by managers during hours of operation
and/or full-time resident caretakers.
(b)
All storage shall be within completely enclosed structures.
(c)
Goods or products which are hazardous, toxic or obnoxious, shall
be prohibited.
(d)
Electrical service to storage units shall be for lighting and climate
control only. No electrical outlets are permitted inside individual
storage units. Lighting fixtures and switches shall be of a secure
design that will not allow tapping the fixtures for other purposes.
(e)
The development shall provide adequate fire and vehicular access
and parking to accommodate anticipated vehicle types and quantities
including, but not limited to, moving vans, trucks, fire equipment
and automobiles.
(f)
The proposed development should be compatible with surrounding development
(existing and/or anticipated) in terms of scale, mass and setbacks.
Mini-warehouse facility buildings shall be surfaced in high-quality
materials. Unfaced concrete block, painted masonry, tilt-up and pre-cast
concrete panels and prefabricated metal sheets are prohibited. Prefabricated
buildings are not allowed.
(g)
Screening should be provided as necessary to visually buffer the
proposed development from surrounding streets and properties, particularly
residential and may consist of any combination of landscaping, fencing,
or other suitable method. Setbacks greater than those required within
the underlying zone may also be required to reduce impacts to surrounding
properties.
(h)
Accessory uses such as the rental of trucks, trailers or moving equipment
(hand carts, jacks and lifts, etc.), the installation of trailer hitches,
or the sale of boxes or packing materials are permitted only if they
are otherwise permitted in the zone in which the facility is located,
and shall meet all use and development standards of the zone. Incidental
or accessory manufacturing, fabrication, or processing of goods, service
or repair of vehicles, engines, appliances or other electrical equipment,
any other industrial activity, and/or retail sales or services related
to storage unit garage or estate sales or auctions are prohibited.
(i)
Demand analysis and mitigation as specified in section 33-1125 of
this article.
(Ord. No. 2018-12, § 7, 6-6-18)
(a)
Definition. As used in this section, an electric generating facility
means a structure, apparatus or feature incorporating machinery or
equipment, designed to produce electricity for power consumption.
(b)
Permit requirements. Except where the city's land-use-permit authority
is preempted by state law, the land use permit required is determined
by the type of facility, as follows:
(1)
A conditional use permit is required for commercial electric generating
facilities proposed for the primary purpose of providing electricity
to the power grid. Solar-energy systems are exempt from this requirement
and design review unless the building official determines the solar-energy
system would have a specific, adverse impact upon the public health
and safety and there is no feasible method to avoid the specific adverse
impact. Decisions of the building official may be appealed to the
planning commission by filing a written request with any required
fee, with the department of community development not more than 10
days following the final decision of the building official. The appeal
shall state the reasons why the determination is contested and which
findings, the appellant believes, were made in error. Decisions of
the planning commission may be appealed to the city council pursuant
to Article 61, Division 6 of the Zoning Code. Facilities shall conform
to the following criteria:
(A)
All buildings, structures and landscaping should be compatible
with surrounding development;
(B)
Facilities shall involve combined cycle technology as appropriate;
(C)
Facilities shall utilize most efficient, state-of-the-art technology
that is reasonably available;
(D)
All feasible measures shall be incorporated to minimize pollutants
generated by the facility;
(E)
Fuel used to generate electricity shall be limited to natural
gas, solar, wind or other renewable energy resources;
(F)
Noise levels produced by the generator shall comply with noise
ordinance standards for the zone based on 24 hour operation;
(G)
Transmission lines and components shall be under grounded to
the maximum extent feasible;
(H)
Facilities shall meet the provisions for reducing NOx in section
33-1122(d)(7);
(2)
A plot plan application shall be required for facilities that retrofit
operations to incorporate co-generation, electric production involving
any amount of electricity. The application shall include the following:
(A)
All buildings, structures and landscaping should be compatible
with surrounding development;
(B)
Pollutants generated in producing electricity by the facility
shall be demonstrated to constitute the lowest available emission
rates;
(C)
The energy generated is intended to serve facilities on-site;
(D)
Noise levels produced by the generator shall comply with noise
ordinance standards for the zone based on 24 hour operation.
(c)
Standby/emergency/back-up generators. Emergency back-up generators,
including those proposed for previously approved discretionary projects,
and portable generators associated with a temporary event shall conform
to the following criteria:
(1)
The energy generated is intended to serve facilities on-site during
outages of the primary power or during a temporary event;
(2)
Noise levels produced by the generator shall comply with noise ordinance
standards for the zone based on 24 hour operation;
(3)
All buildings, structures and landscaping should be compatible with
surrounding development;
(4)
Standby, diesel generators shall demonstrate that the best available
technology is being utilized;
(5)
Standby, emergency generators may operate for no more than 52 hours
per year, except in an emergency situation where the primary power
is unavailable in the community;
(6)
Testing and maintenance of standby, diesel generators may only occur
between the hours of 7:00 a.m. and 5:00 p.m.
(d)
General application contents. In addition to any requirements specified
later in this section, electric generating facility applications shall
include the following information:
(1)
Description of the physical and operating characteristics of the
facility; the maximum design capacity of the facility; the operating
schedule; the intended users of the generated energy; and if any electric
energy is to leave the site, the physical and contractual arrangement
for tying into other facilities;
(2)
Alternatives to the proposed facility. This will include reliability,
as well as economic and environmental advantages and disadvantages;
(3)
Plans for overhead or underground transmission lines, transformers,
inverters, switchyards or any required new or upgraded off-site transmission
facilities;
(4)
Documentation regarding the toxic and/or hazardous materials that
will be used during the construction and operation, including the
transfer and loading of hazardous materials to ensure on-site containment,
estimates of the volumes, the inventory control system that is proposed,
the disposition of these materials and the disposal system and ultimate
location for disposal;
(5)
Details pertaining to all off-site improvements associated with constructing
the facility including, but not limited to; street improvements, water,
natural gas, electricity, etc.
(7)
In an effort to reduce nitrogen oxide (NOx) emissions, enhance the
spread of cleaner technologies and advance alternative technology,
facilities shall include in their proposal details, NOx offsets at
a 1.2:1 ratio. Standby, diesel generators shall be exempt from NOx
offset requirements. Said offsets shall include, but not be limited
to:
(A)
Purchasing emissions reductions credits through a local, state
or federal program that demonstrably offsets local air quality impacts;
(B)
Providing funding for retrofitting mobile or stationary pollution
generators to the satisfaction of the city reducing nitrogen oxide
emissions;
(C)
Providing assurances that the pollution offsets established
as mitigation remain effective during the operational life of the
facility.
(e)
Approvals from other agencies. Prior to deeming an application complete,
if another agency must approve the proposed facility the applicant
shall:
(1)
Provide documentation that the San Diego Air Pollution Control District
has deemed the application for the proposed facility as substantially
complete;
(2)
Provide authorization from San Diego Gas and Electric to extend necessary
utilities to serve the site;
(3)
Provide documents and contracts issued by the state and other appropriate
agencies for the distribution of power.
(f)
Development standards—Hazardous materials. Prior to delivery
and use on-site, the applicant shall submit a hazardous material and
waste management plan for review and approval by the fire chief including
routes used to transport hazardous materials. Details to be contained
in this plan will be established in the environmental review and development
plan approval process.
(g)
Co-generation and steam electric generating facilities.
(1)
Application contents. In addition to the general requirements of
section 33-1122(d), (e) and (f) an application for co-generation and
steam electric generating facilities shall describe:
(A)
The cooling system, including volume and flow characteristics,
source of the cooling fluid and the location, flow and chemical make-up
of any liquid or gaseous discharges;
(B)
The potable and/or non-potable water requirements and proposed
source;
(C)
The fuel sources, delivery and storage systems and firing characteristics;
(D)
The air pollution control system and emission characteristics;
(E)
The characteristics of the energy conversions of the proposed
facility and the proportions going to the various end-uses and their
seasonal variation.
(h)
Photovoltaic generating facilities for residential and commercial
sites.
(1)
Application contents. In addition to the general requirements of
section 33-1122(d), (e) and (f) an application for a photovoltaic
generating facility shall describe:
(A)
The structural design, location, positioning and/or tracking
system design, including documentation that no concentrated reflections
will be directed at occupied structures, recreation areas or roads;
(B)
How public access will be restricted or why public liability
is not a concern at the particular facility.
(i)
Wind energy conversion facilities (WECS).
(1)
Application contents. In addition to the general requirements of
section 33-1122(d), (e) and (f) an application for a wind energy conversion
facility shall describe:
(A)
The location and elevation of proposed WECS;
(B)
The location of all aboveground utility lines on-site or within
one radius of the total height of the WECS;
(C)
The location and size of structures and trees above 35 feet
within a 500 foot radius of the proposed WECS. For purposes of this
requirement, electrical transmission and distribution lines, antennas,
slender or open lattice towers are not considered structures.
(2)
Development standards. The following standards apply:
(A)
Setbacks. The facility shall be set back from property lines
at least five rotor diameters for a horizontal axis WECS or the height
of a vertical axis WECS.
(B)
Rotor safety. Each wind conversion system shall be equipped
with both manual and automatic controls to limit the rotational speed
of the blade below the design limits of the rotor. The application
must include a statement by a California-registered professional engineer
certifying that the rotor and overspeed controls have been designated
and fabricated for the proposed use in accordance with good engineering
practices. The engineer shall also certify the structural compatibility
of proposed towers and rotors. The manufacturer would normally supply
said certification.
(C)
Guy wires. Anchor points for any guy wires for a WECS tower
shall be located within property lines and not on or across any above-ground
electric transmission or distribution line. The point of ground attachment
for the guy wires shall be enclosed by a fence six feet high or sheathed
in a bright orange or yellow covering from three to eight feet above
ground.
(D)
Tower access. Towers shall be constructed to provide one of
the following means of access control, or other appropriate method
approved by the director of community development.
(E)
Signs. At least one sign shall be posted at the base of the
tower warning of electrical shock or high voltage.
(F)
Electromagnetic interference. The wind energy conversion system
shall be operated such that no disruptive electromagnetic interference
is caused. If it has been demonstrated to the planning director that
a wind energy conversion system is causing harmful interference, the
operator shall promptly mitigate the harmful interference.
(G)
Height. The facility shall provide documentation that the height
of the lowest part of the WECS shall be adequate to ensure safety
within 30 feet above the highest existing major structure or tree
within a 250 foot radius. For purposes of this requirement, electrical
transmission and distribution lines, antennas and slender or open
lattice towers are not considered structures. Modification of this
standard may be made when the applicant demonstrates that a lower
height will not jeopardize the safety of the wind turbine structure.
(H)
Distance from structures. Horizontal axis wind turbines shall
be placed at a distance of at least two times the total tower height
from any occupied structure. Vertical axis wind turbines shall be
placed at a distance of at least 10 blade diameters from any structure
or tree. A modification may be granted by the director of community
development for good cause shown, however, in no case shall the turbine
be located closer than three blade diameters to any occupied structure.
(I)
Undergrounding. Electrical distribution lines on the project
site shall be undergrounded up to the low voltage side of the step-up
transformer, to the point of on-site use, or to the utility interface
point of on-site substation.
(J)
Public nuisance. Any WECS that has not generated power for 12
consecutive months is hereby declared to be a public nuisance that
shall be abated by repair, rehabilitation, demolition or removal.
(Ord. No. 2001-19(R), § 4, 7-25-01; Ord. No. 2002-10, § 4, 4-10-02; Ord. No. 2005-14, § 1, 6-15-05; Ord. No. 2008-01, § 4, 2-6-08; Ord. No. 2016-15, § 4, 10-26-16; Ord. No. 2018-07R, § 7, 4-18-18)
Cottage food operations, as defined in the California Homemade
Food Act and Article 44 of this chapter.
(Ord. No. 2013-07RR, § 4, 12-4-13)
(a)
Applicability. This section shall apply to the permitting of all
electrical vehicle charging stations (EVCS) or any other electric
vehicle supply equipment station that is designed and built in compliance
with Article 625 of the California Electrical Code and delivers electricity
from a source outside an electric vehicle into a plug-in electric
vehicle.
(1)
An EVCS shall be allowed within any legal single-family residential
garage or carport, and any multifamily parking space; subject to all
applicable city, state, and federal code requirements, and the following:
(A)
The EVCS shall be protected as necessary to prevent damage by
automobiles, vandalism, and to be safe for use in inclement weather.
(B)
The EVCS shall have complete instructions and appropriate warnings
posted in an unobstructed location next to each EVCS. When needed,
signage shall be installed designating spaces with charging stations
for electric vehicles only.
(C)
The EVCS is located to discourage unauthorized use, such as
public access to the charging station.
(D)
Charging stations and associated equipment or materials may
not encroach on the minimum required clear areas from the public right-of-way,
driveways, parking spaces, garages, or maneuvering areas.
(2)
An EVCS for non-commercial (no service fee) or private use shall
be permitted as an accessory use within any legal commercial, industrial,
or other non-residential parking space in a parking lot or in a parking
garage or carport; subject to all applicable city, state, and federal
code requirements, and the following:
(A)
The requirements listed in subsection (a)(1).
(B)
Be located in desirable and convenient parking locations that
will serve as an incentive for the use of electric vehicles.
(C)
One standard non-illuminated sign, not to exceed four square
feet in area and 10 feet in height, may be posted for the purpose
of identifying the location of each cluster of EVCSs.
(D)
The EVCS may be on a timer that limits the use of the station
to the normal business hours of the use(s) that it serves to preclude
unauthorized use after business hours.
(3)
An EVCS for commercial (service fee) and/or public use shall be permitted
as a primary or accessory use through the approval of a minor use
permit, subject to all applicable city, state, and federal code requirements;
except that the director of community development, or designee, is
authorized to designate parking spaces or stalls in an off-street
parking facility owned and operated by the City of Escondido for the
exclusive purpose of charging and parking a vehicle that is connected
for EVCS purposes.
(A)
Only plug-in electric vehicles that are actively charging, as
indicated by the electric vehicle charging station monitor display,
may be parked at EVCS or in EVCS zones located on any parking facility
owned, leased, or operated by the City of Escondido. No person shall
park or cause to be parked or allow to remain standing any vehicle
at an EVCS or EVCS zones located on any parking facility owned, leased,
or operated by the City of Escondido, unless the vehicle is an electric
vehicle, is actively charging, and has not exceeded any applicable
parking time limit.
(b)
Application. All applicants for an EVCS permit should ensure that
the proposed charging station meets all requirements found in the
EVCS Permitting Checklist, on file with the Building Division.
(1)
For a project complying with the checklist for an EVCS the applicant
may submit the permit application and associated documentation to
the city's building division by personal, mailed, or electronic submittal.
"Electronic submittal" means the utilization of email, the Internet,
facsimile, or any other plan review software operated by the city.
Electronic submittal of the required permit application and documents
through city-utilized computer-based software shall be made available
to all EVCS permit applicants.
(2)
An applicant's electronic signature shall be accepted on all forms,
applications, and other documents in lieu of a wet signature.
(c)
Permit review requirements.
(1)
The building official shall carry out an administrative review process
to streamline approval of EVCS. If the application meets the requirements
of the approved checklist and standards and there are no specific,
adverse impacts upon public health or safety, the official shall complete
the building permit approval process. Review of the application for
EVCS shall be limited to the official's review of whether the application
meets the requirements of this section, as well as any local, state,
and federal health and safety requirements. Such approval shall not
include any necessary approval or permission by a local utility provider
to connect the EVCS to the provider's electricity grid. The applicant
is responsible for obtaining such approval or permission from the
local utility provider.
(2)
If an application is deemed incomplete, the building division shall
issue a written correction notice detailing all deficiencies in the
application and any additional information required to be eligible
for expedited permit issuance.
(3)
The building division may require an applicant to apply for a minor
use permit if the official finds, based on substantial evidence, that
the EVCS could have a specific, adverse impact upon the public health
and safety. Any condition imposed on an application shall be designed
to mitigate the specific, adverse impact upon health and safety at
the lowest possible cost. Such decisions may be appealed to the planning
commission.
(4)
If a minor use permit is required, the zoning administrator may only
deny such application if he/she makes written findings based upon
significant evidence in the record that the proposed EVCS would have
a specific, adverse impact upon public health and/or safety and there
is no feasible method to satisfactorily mitigate or avoid the adverse
impact(s). Such findings shall include the justification for the rejection
of the potential feasible alternative(s) for preventing the adverse
impact. Such decisions may also be appealed to the planning commission.
(d)
Fees. The city council may establish fees for permits issued under
this section.
(Ord. No. 2017-11, § 5, 8-16-17)
This section establishes a process to analyze the economic impact
of certain new development proposals and land use decisions. The analysis
required below shall be reviewed and considered in conjunction with
other discretionary permit application requirements and review procedures
associated with the project. Modifications or additions to existing
facilities shall be subject to the same review procedure and approval
criteria; however, the review shall be limited in scope to the modification
request.
(a)
Demand Analysis. An applicant shall prepare or pay for the preparation
of a market demand analysis that analyzes and substantiates the need
for the proposed facility in the city.
(b)
Approval. Projects subject to this section may be approved if the
use is in the best interest of the public health, safety and general
welfare based on consideration of the demand analysis and the following
criteria:
(1)
The economic impact of the project to the city, including, but not
limited to, a demonstrated positive fiscal benefit to the city;
(2)
The extent to which the proposed project avoids the displacement
of uses that would generate tax revenue for the city in preferred
locations;
(3)
Any proposed mitigation measures that would reduce the economic impacts
of a non-tax or non-job-producing use or uses.
(Ord. No. 2018-12, § 7, 6-6-18)
The following section shall also apply to car-wash, polishing,
vacuuming, and/or detailing uses (including self-service and automated
facilities). This section applies to any primary or accessory use
and any structure or part thereof used for the washing of cars either
by manual or assembly line techniques, utilizing employees or the
car owner, or a combination of both. Car-wash, polishing, and detailing
uses shall comply with the development standards of the zoning district,
general development standards, and this section. This section does
not apply to temporary car-wash activities that occur on not more
than three consecutive days at the same location.
(a)
All detailing or waxing (except for spray waxing) shall be conducted
inside a building enclosed on no less than three sides, subject to
the satisfaction of the director of community development.
(b)
Bay enclosures.
(1)
Sides of car-wash bays or tunnels open to a residential use or a
residential or mixed use zoning district that abuts or is across an
alley from the site shall be completely enclosed or otherwise screened
by a wall. Solid windows that do not open, glass block, or other closed
material may be used as part of the wall face.
(2)
All car-wash bays and tunnels and all car-wash equipment shall be
designed to minimize the creation, and carrying off the premises,
of airborne particles of water, chemicals, and dust.
(c)
The exit from the car-wash shall have a drainage system which is
subject to the approval of the city.
(d)
Vacuum stations.
(1)
Vacuum stations and related equipment shall comply with the setbacks
for the principal structure.
(2)
The site shall be designed to reduce the visual impacts of vacuum
stations and waiting cars as viewed from surrounding development and
public streets. The vacuum stations shall be screened to the extent
feasible by an intervening building or by a combination of landscaping,
wall/fencing, and/or berming.
(e)
Automated and drive-through car-wash related facilities must also
comply with the commercial drive-through requirements set forth in
section 33-341(b).
(f)
The following types of land use activities shall be subject to section
33-1125 of this article:
(1)
The construction of a new car-wash related facility; and
(2)
The expansion of an existing car-wash related facility that increases
the size of the lot and involves new land area devoted to car-wash
related improvements.
Other types of expansions, additions, repairs, upgrades, replacement
or reconstruction of existing facilities shall be exempt from the
requirements of section 33-1125.
(Ord. No. 2018-13R, § 10, 6-6-18)
(a)
All consignment shops, secondhand stores, and thrift shops shall
provide or satisfy the following criteria:
(1)
A designated area inside the building shall be established for the
receipt, sorting and processing of goods. Donated goods or received
merchandise shall be accepted only during regular business hours.
(2)
No more than 30% of the floor area shall be utilized for receiving,
sorting and storage of donated and traded goods. The area devoted
to receiving, sorting and storage may be increased to 40% if the store/shop
occupies more than 15,000 square feet of building space.
(3)
Signs advising patrons that the merchandise/goods within the store
are primarily preowned.
(4)
Enclosed Activities. All activities shall be completely enclosed
within the building for the use.
(5)
Property Maintenance. The subject property shall be maintained free
of trash and debris at all times. Management shall be responsible
for the removal of litter from the subject property, adjacent property,
and streets that results from the thrift store (with adjacent property
owner consent). The property shall be developed and maintained in
a neat, quiet, and orderly condition and operated in a manner so as
not to be detrimental to adjacent properties and occupants. This shall
include the maintenance of exterior façades of the building,
designated parking areas serving the use, walls and fences and the
perimeter of the site (including all public parkways).
(6)
The storefront windows shall be permanently maintained as displays
of merchandise in a professional and attractive manner (i.e., unsightly
clothing racks and displays shall not be placed adjacent to the windows).
(7)
Thrift shop. All goods donated for sale at the thrift shop must be
accepted through the rear of the store. Adequate directional signage
shall be provided from the main entrance to the use to direct individuals
to the collection area. The collection area shall be noticed to prohibit
depositing goods during nighttime hours or when the store is closed.
Signage should include daytime collection hours for donated goods.
(8)
All secondhand dealers are subject to the limitations and restrictions
of Chapter 15 (Secondhand Dealer Ordinance).
(Ord. No. 2019-09, § 6, 9-11-19)
