Whenever the following terms are used in this chapter, they
shall have the meaning established by this section unless from the
context it is apparent that another meaning is intended:
"Application"
means any request for approval of a development permit subject
to the provisions of this chapter, including, but not limited to,
subdivisions, plot plans, specific plans, planned developments, planned
unit approvals, condominium permits, and conditional use permits.
"Available facility capacity"
means the remaining facility capacity available to future
development without creating critical infrastructure deficiencies
requiring facility construction or expansion. It may be determined
at either the project-specific or citywide level.
"Citywide facilities plan"
means the plan prepared and approved by the city council
that both identifies areas of critical infrastructure deficiencies
and provides the analytical framework against which projects are evaluated
for conformance with the city's quality of life standards, including
drainage.
"Critical facilities"
means those improvements that must either be constructed,
or financially secured within a geographic area, before development
may proceed. Areas with critical infrastructure deficiencies shall
be identified by the planning commission and/or city council and be
reflected in the citywide facilities plan.
"Development"
means any land use, building, or other alteration of land,
and construction incidental to such land use, building, or other alteration
of land, subject to this chapter.
"Facilities"
means all land and improvements defined by the general plan's
quality of life standards, including drainage.
"Improvements"
include all measures necessary to achieve conformance with
the general plan quality of life standards as determined by the citywide
facilities plan.
"Improvement threshold"
means the point at which a project or group of projects exceeds
the acceptable, available facility capacity and required concurrent
construction of facilities.
"Neighborhood"
means the specific geographic sub-areas as defined by Figure
II-12 of the general plan, or as amended.
"Nonresidential uses"
means those commercial or nonprofit uses which are either
permitted by right or by conditional use permit in residential zones,
including, but not limited to, daycare, convalescent homes, church
facilities, recreational facilities, parks, and other uses that are
not residential in character.
"Quality of life standards"
means those service level standards identified by the general
plan for traffic/transportation, schools, fire and police service,
sewer and water service, parks and trails, and libraries.
"Region of influence"
means an area where a critical infrastructure deficiency
exists, as specified in the citywide facilities plan.
"Tiers"
mean the general categories into which the 21 general plan
neighborhoods are grouped as identified by Figure VI-I of the general
plan, or as may be amended.
(Ord. No. 94-16, § 1, 5-18-94; Ord. No. 95-11, § 1, 7-12-95; Ord. No. 2021-10, § 6, 10-27-21)
(a) Unless exempted by section
33-1432 or
33-1433, no new application for residential, commercial, or industrial development may be accepted for processing in region of influence areas (as shown on Figure 33-1431) identified by the citywide facilities plan as having critical infrastructure deficiencies.
(b) Except as provided in Article 61, Division
3 of the Zoning Code, no building permits for residential, nonresidential facilities in residential zones, commercial, or industrial uses may be issued where such development is inconsistent with the general plan.
(c) Except for final subdivision maps for single-family lots that recorded
prior to the effective date of the general plan, no applications for
new development may be deemed complete for processing or permits issued
within said subdivision unless it conforms with the provisions of
the general plan.
(d) No permits shall be issued for any parcel whose zoning category is
inconsistent with the general plan.
(Ord. No. 94-16, § 1, 5-18-94)
The following projects shall be exempt from the timing requirements
for the regions of influence identified by the citywide facilities
plan:
(a) Projects authorized through a development agreement in accordance with section
33-1433 of this chapter;
(b) Rehabilitation/remodel projects in accordance with Article 61, Division
3 of this code;
(e) Conversion of mobilehomes or apartments to condominium ownership
where such conversions do not propose any additional spaces or units;
(f) Processing of applications for development of property in the process
of being annexed to the city for which the city council has authorized
negotiation of a preannexation agreement. In the event that the city
council rescinds the authority for such negotiations, all processing
of such project shall terminate and the provisions of the ordinance
codified in this section prohibiting processing of such project shall
apply;
(g) Nonresidential facilities in residential zones such as schools; daycare,
rest homes, and convalescent facilities; churches; parks; public works
projects; public facilities; and capital improvement projects;
(h) Extensions of time for tentative subdivision and parcel maps;
(i) Processing and development of properties in Tiers 1, 2 and 3 that
are not included in an identified area region of influence containing
a critical infrastructure deficiency;
(j) Applications for development of a single-family residence on any
legal lot created prior to September 10, 1988, as to which the city
council has granted an exemption from the provisions of the cost-managed,
quality of life ordinance and the owner has no direct or indirect
ownership interest in any property contiguous to such lot;
(k) Applications for development of a single-family residence on an existing
vacant lot of record, zoned for residential use, where such lot was
created prior to June 6, 1990, within the region of influence, provided
the owner has no direct or indirect ownership interest in any property
contiguous to such lot. A supplemental deposit shall be collected
at the time of building permit issuance to ensure that facility impacts
are adequately addressed.
(Ord. No. 94-16, § 1, 5-18-94; Ord. No. 95-11, § 1, 7-12-95)
The city council may authorize the use of a development agreement
to allow the filing, processing and development of projects included
in the facility deficiency areas identified by the citywide facilities
plan's region of influence, not withstanding the terms of this chapter,
under the following conditions:
(a) The project either provides facilities necessary to upgrade existing
deficiencies or financially participates toward their solution;
(b) No critical infrastructure is adversely impacted;
(c) The project pays its proportionate share toward neighborhood and/or
citywide improvements.
(Ord. No. 94-16 § 1, 5-18-94)
No development application shall be approved or permit issued
unless, in accordance with the Escondido Subdivision and Zoning Code,
either city staff, the planning commission, or city council finds
that the project is consistent with the citywide facilities plan and
provisions of this article. Conditions shall be required as necessary
to implement the general plan and the citywide facilities plan.
(Ord. No. 94-16 § 1, 5-18-94)
The director of community development shall monitor the citywide
development activity. An annual report should be prepared which includes
a development activity analysis, a facilities and improvements adequacy
analysis, a facility revenue/expenditure analysis, and any necessary
amendments to the citywide facilities plan, if necessary.
(Ord. No. 94-16, § 1, 5-18-94; Ord. No. 2018-07R, § 7, 4-18-18)
The city council makes the following findings:
(1) That these actions are necessary to ensure adequate public facilities
are available to serve any new development in the city. Without this
article and the requirements imposed by it, adequate public facilities
may not be available to serve new development or building. Development
or building without public facilities is contrary to the city general
plan and would be dangerous to the public health, welfare and safety.
(2) This action of the city council is consistent with longstanding policies
and objectives of the city to ensure adequate public facilities within
Escondido. This action will protect the public health, safety, and
welfare of the citizens of Escondido by ensuring safe streets, adequate
water, sewer and drainage facilities, adequate schools and libraries,
sufficient police and fire protection, and park and recreation facilities.
(3) This action is consistent with the city's policy to provide housing
opportunities for all economic sectors of the community because sufficient
opportunities for new housing continue to exist within the city. In
addition, development of housing for low-and moderate-income persons
and families would most likely occur in areas of the city which are
designated for highest development priority.
(4) Adoption of this article will not adversely affect the regional welfare.
By ensuring that adequate and safe public facilities and improvements
will exist to serve all of the development in Escondido and because
many of these facilities and improvements are used by persons residing
in neighboring areas and cities, the safety and welfare of the whole
region is enhanced.
(Ord. No. 94-16 § 1, 5-18-94)