The purpose of this article is to establish an Escondido business
enhancement zone to induce and facilitate projects that provide significant
public benefit and strengthen the image and appearance of the city
of Escondido. Projects submitted under this section shall be evaluated
pursuant to the criteria established in city council policy which
was adopted by Resolution 2001-191 and most recently amended by Resolution
2006-56.
(Ord. No. 92-13, § 1, 3-18-92; Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06)
The Escondido business enhancement zone shall include those
areas which are within and regulated by Article 16 (Commercial Zones),
Article 26 (Industrial Zones) and any area approved for commercial,
industrial, or office use under Article 18 (Specific Plans) and Article
19 (Planned Development) of the Escondido Zoning Code, and those portions
of residential zones which have been approved for specific commercial
use such as a bed and breakfast establishment or the downtown specific
plan area. These regulations shall apply only to induce and facilitate
developments within these zones. Nothing in this article shall relieve
any applicant from compliance with the California Environmental Quality
Act, the Subdivision Map Act or any other applicable federal, state
or local regulation, including provisions of the zoning code for each
of the articles identified above, unless otherwise stipulated in this
article.
(Ord. No. 92-13, § 1, 3-18-92; Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06)
To accomplish the purpose and intent of this article, the city
council may establish an economic incentive fund which shall be available
to provide incentives for projects in the business enhancement zone.
Funds shall be used as credit to reduce or eliminate otherwise applicable
development or connection fees. The city council also may grant relief
from parking, landscape and related requirements through the use of
an administrative adjustment, expedite processing as provided below,
provide for lot consolidation or street closure if otherwise permitted
by law, and provide any other incentives which may induce and facilitate
development which is consistent with the purpose and intent of this
article. Any incentives granted by the city council under this section
shall be fully used within one year from the time of approval unless
extended by the city council. A request for extension shall be submitted
to the city manager or designee and placed on the next available city
council agenda.
(Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06)
(a)
Any person proposing a use of property within the Escondido business
enhancement zone who desires to receive the benefits of this article
shall first submit a request for consideration in such form as shall
be established by the city manager or designee.
(b)
The request for consideration shall be submitted to the city manager
or designee who, within 10 days of receiving such request, shall determine
if the request is complete and shall evaluate the proposed use to
determine whether it is consistent with the city's general plan and
other applicable requirements.
(c)
The city manager or designee shall forward the request to a standing
council economic development subcommittee, which shall consist of
two members of the city council to be appointed from time to time.
(d)
The council economic development subcommittee shall review the request
and determine whether the proposal is suitable for processing in accordance
with the provisions of this article. Any proposal determined by the
council economic development subcommittee not to be eligible for processing
pursuant to this article shall be processed in accordance with the
provisions of this chapter otherwise applicable to such proposed development.
(e)
In making its determination on the eligibility of a request for processing
under this article, the council economic development subcommittee
shall consider whether the project furthers the purposes outlined
in section 33-1450 and any relevant council policies in section 33-1450,
and any relevant council policies.
(Ord. No. 92-13, § 1, 3-18-92; Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2000-16, § 4, 7-19-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06)
(a)
Any applicant whose request for consideration has been approved in
accordance with section 33-1453 may request incentives or inducements
from the city to facilitate the development. The request shall be
presented to the council economic development subcommittee.
(b)
The council economic development subcommittee may require the applicant
to provide such information as necessary to assist in conducting the
negotiations. Such information may include, without limitation, plot
plans, elevations of buildings, architectural renderings, and detailed
information regarding proposed uses.
(c)
Any incentives or inducements, which the council economic development
subcommittee determines to be appropriate, shall be submitted to the
city council for final approval.
(Ord. No. 92-13, § 1, 3-18-92; Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06)
(a)
Notwithstanding any other provision of this chapter to the contrary,
all development projects, for which a request for consideration has
been approved by the council economic development subcommittee, shall
be eligible for processing as follows and shall be exempt from review
by any other entity including, without limitation, the historic preservation
commission, and the planning commission.
(b)
An application shall be submitted in accordance with the requirements
of the planning and building divisions. An application determined
to be complete and in compliance with the requirements of the California
Environmental Quality Act by the director of community development
shall be submitted to the council economic development subcommittee
in the case of projects for which no public hearing is required, or
the city council in the case of projects for which a public hearing
is required.
(c)
The council economic development subcommittee shall consider any
project submitted to it under the provisions of this article and shall
either approve, conditionally approve, or deny the project in accordance
with the provisions of this chapter applicable to such project. The
city council shall act as a planning commission for any project submitted
to it under the provisions of this article.
(d)
The city council shall conduct necessary public hearings and either
approve, conditionally approve, or deny the project in accordance
with provisions of this chapter applicable to such project.
(Ord. No. 92-13, § 1, 3-18-92; Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06; Ord. No. 2011-19R, § 5, 1-11-12; Ord. No. 2018-07R, § 7, 4-18-18)
In addition to incentives otherwise offered by this article,
the city may provide funding for the aesthetic enhancement of developed
commercial properties, which already exist within this zone. Such
funds may be utilized for façade and property improvements,
landscape and hardscape improvements, or other exterior aesthetic
improvements in accordance with the program criteria and which have
been approved by the city and will benefit the property and the area
in which the property is located. Requests for funding pursuant to
this section shall be filed as a separate submittal to the economic
development and planning divisions. Funding for such improvements
shall only occur pursuant to guidelines adopted from time to time
by the city council and administered by the economic development division.
(Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06)
Those standards set forth in sections 33-335 and 33-336 of Article
16, section 33-569 of Article 26, section 33-765 of Article 39, sections
33-1326, 33-1327, 33-1328, and 33-1333 of Article 62, in Chapter 5
of the South Centre City Specific Plan, and Figure 11-2 of the Downtown
Specific Plan shall be eligible for administrative adjustments. Adjustments
of up to 25% may be approved or conditionally approved by the director
of community development upon demonstration that the proposed adjustment
will be compatible with and will not prove detrimental to, adjacent
property or improvements. The director of community development shall
give prior notice of an intended decision to provide an administrative
adjustment pursuant to Article 61 of this chapter. Any applicant for
an administrative adjustment shall pay a fee for such adjustment in
an amount to be established by resolution of the city council.
(Ord. No. 2000-04, § 4, 2-16-00; Ord. No. 2000-16, § 4, 7-19-00; Ord. No. 2001-23, § 4, 8-22-01; Ord. No. 2006-12, § 4, 5-24-06; Ord. No. 2018-07R, § 7, 4-18-18)
