(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.
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.
(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.
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.
The commission shall set a reasonable filing fee to be charged the applicant in order to cover costs involved in processing the application.
(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:
(1) 
The site should be 20,000 square feet or more in area;
(2) 
All buildings, structures and landscaping should be compatible with surrounding developments;
(3) 
The buildings should be designed, situated or landscaped so that sounds from church activities will not carry into surrounding properties.
(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.
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.
(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:
R-A, R-E zones
Up to 25 total
R-1 zone
Up to six total
R-T, R-2, R-3 and R-4 zones
Up to three total
(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:
R-A, R-E zone
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:
RA, RE zones
Up to four of each
Up to six of each with a conditional use permit in conformance with Sec. 33-1116(g)
R-1 zone
Lots < 10,000 SF
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
Up to four of each
RT, R-2, R-3, and R-4 zones
Up to one of each
Up to two of each with a conditional use permit in conformance with Sec. 33-1116(g)
(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.
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)
(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.
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)).
(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.
(6) 
The following studies shall be prepared that clearly document compliance with state and federal air quality standards:
(A) 
A health assessment modeled on local meteorological conditions;
(B) 
A concentration analysis of all pollutants at emission sources;
(C) 
A cancer risk assessment;
(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.
(i) 
Tower-climbing apparatus located no closer than 12 feet from the ground;
(ii) 
A locked climb-deterrent device installed on the tower; or high.
(iii) 
The tower shall be completely enclosed by a locked, protective fence at least six feet
(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)
(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, unless such criteria conflicts with Government Code Section 65631 in which case state law shall prevail:
(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.
(b) 
Pawn shops are prohibited use. Any existing pawn shop store or proprietor with a duly issued permit may continue to operate subject to the limitations and restrictions of Chapter 15 (Secondhand Dealer Ordinance) and Article 61 of Chapter 33.
(Ord. No. 2019-09, § 6, 9-11-19; Ord. 2025-01, 5/7/2025)