Escondido City Zoning Code
ARTICLE 56
MISCELLANEOUS DEVELOPMENT STANDARDS
§ 33-1070 Purpose.
The purpose of this article is to provide for the several miscellaneous land development standards which are applicable throughout the city regardless of zones. The requirements of this article shall be in addition to the property development standards for each zone. The provisions of this article shall prevail over conflicting provisions of any other article.
(Zoning Code, Ch. 107, § 1075.00; Ord. No. 2013-07RR, § 4, 12-4-13)
§ 33-1071 Prohibitions.
No lot shall be created, nor shall any structure be erected, nor shall any existing lot or structure be altered or changed in any manner which would result in noncompliance with the property development standards set forth in this article, except as allowed in Article 61, Division 3, Nonconforming Uses, Structures and Land, or where a variance has been granted in accordance with the provisions of this article.
(Zoning Code, Ch. 107, § 1075.05; Ord. No. 2013-07RR, § 4, 12-4-13)
§ 33-1072 Minimum lot area to be preserved.
No portion of a minimum lot area prescribed in this article shall be used or considered as part of another lot or parcel of land for purposes of establishing or determining applicable property development standards.
No lot or parcel of land shall be reduced in size by conveyance or otherwise so that the area thereof is less than the prescribed minimum.
(Zoning Code, Ch. 107, § 1075.10)
§ 33-1073 Lot area for public buildings and utility buildings may be reduced.
A reduction in the minimum required area for a lot or parcel of land which is owned by the city, county, state or other public entity or by a public entity regulated by the public utility commission may be granted by variance if such lot or parcel is used exclusively for public purposes and providing that no living quarters are located on such lot or parcel.
(Zoning Code, Ch. 107, § 1075.15)
§ 33-1074 Minimum lot area where portion taken for public use.
If a portion of a lot or parcel of land which meets the minimum lot area requirements of the zone is acquired for public use in any manner, including dedication, condemnation or purchase, and such acquisition reduces area below such minimum, the remainder of such lot or parcel shall nevertheless be considered as having the required minimum lot area if all of the following conditions are met:
(a)
Such lot or parcel contains a rectangular space of at least 30 feet by 40 feet exclusive of applicable front and side yard requirements, and exclusive of one-half (½) the applicable rear yard requirements, and such rectangular space is usable for a principal use or structure.
(b)
The remainder of such lot or parcel of land has an area of at least one-half (½) of the required lot area of the zone in which the lot or parcel is located, except that in zones requiring a lot area of 15,000 square feet or more, a lot area of not less than 6,000 square feet shall be required; and
(c)
The remainder of such lot or parcel of land has access of a width of 20 feet or more to a public street.
(Zoning Code, Ch. 107, § 1075.20)
§ 33-1075 Permitted structures in excess of height limit.
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, roof-level architectural screening devices, roof-top gardening storage areas and/or equipment, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks, windmills, windbreaks, wireless masts or other similar structures (subject to the provisions of Article 34 (Communication Antennas)) may be erected above the height limits established for the various zones provided that no portion of the structure in excess of the allowable building height shall be used for sleeping or eating quarters, nor shall such portion of the structures in excess of the allowable building height be used for the purpose of providing additional habitable floor space or be deemed as an excessive or unreasonable use of space that creates an unnecessary aesthetic impact on surrounding properties (as determined by the director of community development).
(Zoning Code, Ch. 107, § 1075.25; Ord. No. 2001-31R, § 13, 12-5-01; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2019-10, § 7, 8-21-19)
§ 33-1076 (Reserved)
Editor's Note—Ord. No. 2001-21, adopted 8-22-01, repealed § 33-1076 pertaining to development standards, which derived from Zoning Code, Ch. 107, § 1075.30.
§ 33-1077 Minimum yard areas to be preserved.
Except as provided in this article, every required front, side and rear yard shall be open and unobstructed from the ground to the sky.
No lot or parcel of land shall be divided or reduced in area or dimension so as to cause any required yard or open space provided around any building for the purpose of complying with the provisions of this article shall be used or considered as a yard or open space for any other building. When two or more lots are used as a single building site, the yard requirements of the zone shall be applied to a single lot.
(Zoning Code, Ch. 107, § 1075.35)
§ 33-1078 Through lots to have two front yards.
A through lot shall have a front yard as required by the zoning regulations in which it is situated on each street on which it abuts.
(Zoning Code, Ch. 107, § 1075.40)
§ 33-1079 Permissible coverage of required rear yard.
Patios, when enclosed on three sides or less, awnings, canopies and similar structures attached to the dwelling unit may extend into the rear setback a maximum of 50% of the required depth of that setback. Swimming pools may be installed to within five feet of any property line other than as required by the front or side setback requirements, but in no case may any pool cover more than 50% of the required lot area.
(Zoning Code, Ch. 107, § 1075.45)
§ 33-1080 Fences, walls and hedges.
(a)
Single-family residential zones.
(1)
Front and street side setbacks. Fences, walls, or hedges may not exceed three feet in height if constructed of materials that are less than 50% open, or three and one half (3 ½) feet in height if constructed of materials that are at least 50% open.
Fences, walls, or hedges may not exceed six feet in height when located anywhere on a lot or parcel of 10 acres or greater where horticulture specialties, orchards, or vineyards occur, pursuant to section 33-161 and subject to the design criteria under section 33-1081(b)-(e) and subject to the director's approval.
(2)
Interior side and rear setbacks. Fences, walls, or hedges may not exceed six feet in height.
Fences, walls, or hedges may not exceed eight feet in height when abutting a public facility or a multifamily, commercial, or industrial zone, pursuant to the design criteria under sections 33-1081(a) and 33-1081(b), subject to the director's approval. (See Figure 33-1081.2)
(3)
Outside of setbacks. Fences, walls, or hedges may not exceed eight feet in height.
(b)
Multifamily residential zones.
(1)
Front and street side setbacks. Same as in section 33-1080(a)(1), except that fences, walls, or hedges in front or street side setbacks may not exceed six feet in height, pursuant to the design criteria under section 33-1081(a)-(e), subject to the director's approval. (See Figure 33-1081.1)
(2)
Interior side and rear setbacks. Same as in section 33-1080(a)(2), except that fences, walls, or hedges may not exceed eight feet in height, pursuant to the design criteria under section 33-1081(a)-(e), subject to the director's approval.
(3)
Outside of setbacks. Fences, walls, or hedges may not exceed eight feet in height.
(c)
Commercial/industrial zones.
(1)
Front and street side setbacks. Same as in section 33-1080(a)(1). Adequate sight distance pursuant to section 33-1081(b) shall be provided for all fences.
(2)
Interior side and rear setbacks. Same as in section 33-1080(a)(2).
(3)
Outside of setbacks. Fences, walls, or hedges may not exceed eight feet in height.
(d)
Special fences.
(1)
Play field fencing. Tennis court, badminton court, basketball court, football field, soccer field, volleyball court, and other similar athletic play area fencing, subject to the fencing design criteria specified in section 33-1081, shall not exceed a height of 15 feet and shall observe the setback of accessory structures within the zone. However, not less than a five foot setback shall be provided to any property line.
(2)
School fences. School common areas may be fenced to the street line; provided, that the fence is made of open wire construction and does not exceed 10 feet in height.
(3)
Security fences. Fences or walls not to exceed eight feet in height may be located around commercial, industrial, or public facility uses in any location allowed for principal structures, when required for security purposes, screening, or containment of hazardous materials. In residential zones, fences or walls not exceeding eight feet in height may be located anywhere within the rear and the interior side setbacks when abutting a public facility or a multifamily, commercial, or industrial zone, pursuant to the design criteria under section 33-1081(a) and (b).
(4)
Noise mitigation. Fences and walls that are required by a mitigation measure and designed and approved through a tentative subdivision map, tentative parcel map, or major design review with the planning commission for noise attenuation are exempt from the height restrictions.
(5)
Guardrails. A guardrail or guards, as defined by the California Building Code, may extend above the maximum height of a fence or wall, but only to the minimum extent required for safety by the California Building Code.
(Zoning Code, Ch. 107, §§ 1075.50—1075.52.4; Ord. No. 94-12, § 1, 5-4-94; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1081 Fencing design criteria.
(a)
Construction materials. Decorative open materials (constructed of at least 50% open materials), such as wrought iron, may be utilized for the entire height. Solid materials, such as masonry, wood, or similar opaque materials, may be utilized for a height up to three feet within front and street side yards, and up to six feet within interior side or rear yards. Open materials shall be utilized for the remaining portion of the fence height (see Figure 33-1081.1). Fences shall be constructed of materials and colors compatible with the existing or proposed development. Chain link over six feet in height is not permitted in multifamily zones. Barbed wire (or any similar material hazardous to the public) is not permitted in any residential zone, except as authorized pursuant to section 33-1081.
(b)
Sight distance. Observance of sight distance areas shall be provided at street corners, driveways, alleys, or similar locations. No solid fence over three feet in height shall be installed within the sight distance area necessary for clear view of oncoming vehicular and pedestrian traffic when waiting to proceed at a street corner or driveway. The sight distance at driveways shall be defined by a triangle formed connecting two points measured along each side of the driveway 10 feet from the street, and along the street 10 feet from the outermost point of the driveway return, as shown in Figure 33-1081.3. At non-signalized corners, the sight distance area is defined by the triangle formed by connecting two points measured along each street frontage 25 feet from the curb return in each direction, as shown in Figure 33-1081.4. No solid fence over three feet in height above the curb grade nor other support structure (such as columns, posts, or pilasters) larger than 12 inches in diameter may be installed in this sight distance area unless approved by the engineering department. Sight distance on classified roads shall conform to the engineering department standards to the satisfaction of the city engineer.
(c)
Accessibility. The design of the fence (including mechanical/electrical hardware such as knox boxes and intercoms) shall include provisions for access by emergency service personnel pursuant to the Fire and Uniform Security Codes, maintenance and service personnel, and pedestrians. Maintenance and service shall include, but not be limited to, landscape maintenance, postal service and delivery vehicles, utilities, and trash collection. Access to guest parking spaces shall be accommodated outside of the gate, rather than on the street. However, if the required guest parking is located inside the fence, a key pad entry system shall be provided for guest access.
(d)
Security gates. Security gates across driveways or private streets shall be located so as to provide adequate vehicle stacking room on site, and to prevent stacking in the public right-of-way. Gates shall not open or swing into the public right-of-way. At least one gate shall be remote-activated and operated without having to leave the car. Automobiles that turn in the driveway and cannot enter through the gate must be able to turn around and exit in a forward manner onto the street. A turnaround area, escape lane, circular drive, or other method of egress shall be provided to the satisfaction of the planning division and the engineering department.
(e)
Landscaping. In multifamily zones, fences along street frontages exceeding three and one-half (3 ½) feet in height shall setback so that a five foot landscape area with trees, groundcover, and irrigation is provided between the back of the sidewalk and the fence facing the street. Proposed fence locations shall be designed to accommodate existing mature landscaping to the extent feasible.
(f)
Play field fence buffering. Provisions for buffering shall incorporate heavy landscaping with tall plant materials to help offset the height of the fence.
(g)
Play field fence construction. The fence shall utilize a combination of decorative wood or masonry up to six feet in height and chain link for the remaining nine feet.
FENCE DESIGN EXAMPLES (SEE SECTION 33-1081 FOR SPECIFIC CRITERIA)  |
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(Zoning Code, Ch. 107, § 1075.53; Ord. No. 94-12, § 1, 5-4-94; Ord. No. 2021-10, § 6, 10-27-21)
§ 33-1082 Separation walls.
A six foot high solid masonry or concrete wall shall be constructed on and along the common property line between any property zoned or used for commercial or industrial purposes and property zoned for residential purposes. The height of this wall must be measured from the residential side of the property line and shall conform to all setback requirements. The wall need not be constructed until the commercial or industrial property is developed.
(Zoning Code, Ch. 107, § 1075.54)
§ 33-1083 General fence and wall provisions.
(a)
Materials. Fences or walls may be constructed of any suitable materials in a manner appropriate to its design.
(1)
Prohibited materials.
(A)
Electrified fencing;
(B)
In any residential zoning district, barbed wire, razor wire, or other similar fences with affixed sharp instruments;
(C)
Subsection (B) above notwithstanding, barbed wire is permitted in agricultural and residential estate zones on properties being used for agriculture or animal husbandry, subject to the following criteria:
(i)
Properties must be a minimum of two acres.
(ii)
Such fencing shall not be kept in a manner that is unsafe, abandoned or a materially dangerous condition,
(iii)
Such fencing shall be set back from any public street or other public right-of-way a minimum of 20 feet unless it is not visible from such street or right-of-way, and
(iv)
Such fencing shall not be placed on the rooftop of any building.
(b)
Height measurements. The height measurement of a fence or wall may be measured from either side in a vertical line from the lowest point of contact with the ground directly adjacent to either side of the fence or wall (i.e., finished grade) to the highest point along the vertical line. The finished grade shall be that as shown on the approved grading plan. In cases where a retaining wall does not require the approval of a grading plan, the finished grade shall be as determined by the city engineer.
(1)
Height and location requirements for fences or walls placed atop a wall.
(A)
Freestanding walls. When a fence or wall is placed over a freestanding wall, the height of the freestanding wall shall be considered as part of the fence or wall for purposes of determining the overall height of the combined structure.
(B)
Retaining or landscaping walls used to increase usable lot area.
(i)
When a fence or wall is placed atop a retaining or landscaping wall, the height of the retaining or landscaping wall shall be considered as part of the fence or wall for purposes of determining the overall height of the combined structure. Within any required front or street side setback, there must be a horizontal separation of at least two feet between structures so the combined height of the fence and retaining wall structure does not exceed the provisions of sections 33-1080 and 33-1081. When a minimum two foot horizontal offset is provided, within which screening vegetation is provided to the satisfaction of the director of community development, the wall/fence may not be considered one continuous structure for calculating wall/fence height. The horizontal separation shall be measured from the "back" face of the lower wall/fence to the "front" face of the higher wall/fence.
(ii)
If a retaining or landscaping wall is combined with a fence or wall in an interior side or rear setback of any property, the retaining wall shall not be included in the measurement of fence or wall height. The height of the fence or wall shall be determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade. Only the portion of the fence or wall above finished grade shall be considered as part of the overall height of the fence or wall. Any combinations of retaining wall and fence or wall over eight feet in height must provide a variation in design or materials between the retaining wall and the fence or wall. Landscaping shall be utilized to soften the appearance of the wall or fence above the retaining or landscaping wall.
(iii)
If a fence, wall, or other structure in the nature of a fence is placed over a retaining or landscaping wall beyond the front, street side, interior side, or rear setback line, the height of the fence, wall, or other structure shall be measured separately from the retaining wall, subject to section 33-1080.
(2)
All components of a fence, such as columns, posts, or other elements, shall be included in height measurements.
(c)
Construction and maintenance. All fences and walls shall be constructed of new or good used material and shall be kept in good repair and adequately maintained. Any dilapidated, dangerous, or unsightly fences or walls shall be removed or repaired.
(Zoning Code, Ch. 107, §§ 1075.55.1—1075.55.4; Ord. No. 2021-10, § 6, 10-27-21; Ord. No. 2023-06, § 3, 3-8-23)
§ 33-1084 Panhandle lots permitted.
Panhandle-shaped lots may be created in any residential zone if all of the following requirements are met:
(a)
The body of the lot meets the lot area and lot width requirements of the zone;
(b)
The handle portion of the lot is at least 20 feet in width and not more than 120 feet in length;
(c)
The lot has at least 20 feet of frontage on a public street which frontage serves as access to the subject lot only.
(Zoning Code, Ch. 107, § 1075.60)
§ 33-1085 Mechanical equipment and devices.
(a)
Screening of mechanical equipment. The screening of roof-mounted, ground-mounted, or wall-mounted mechanical equipment and devices is required in all zoning districts at the time of new installation or replacement.
(1)
Roof-mounted mechanical equipment and devices.
(A)
Mechanical equipment, including, but not limited to, air conditioning, heating, tanks, ducts, elevator enclosures, cooling towers, or other similar equipment, shall be adequately screened from view from surrounding properties, adjacent public streets, and on-site parking areas. Screening shall be accomplished with mechanical roof wells recessed below the roof line, by solid and permanent roof-mounted screens, use of parapet walls, or building design integration and concealment by portions of the same building or other structure. Alternative methods for screening may include the consolidation and orientation of devices towards the center of the rooftop with enclosure and the use of neutral color surfaces or color paint matching. Chain link fencing with or without wooden/plastic slats is prohibited.
(B)
Any under-roof or wall-mounted cables, raceway, conduit, or other device connection to support roof-mounted assemblies is subject to section 33-1085(a)(3).
(C)
All roof appurtenances and screening devices shall be architecturally integrated with construction and appearance similar to and compatible with the building on which the equipment is placed to the satisfaction of the director.
(2)
Ground-mounted mechanical equipment and devices.
(A)
All ground-mounted mechanical equipment, including but not limited to heating and air conditioning units and swimming pool and spa pumps and filters, shall be completely screened from view from surrounding properties and adjacent public streets by a solid wall or fence or shall be enclosed within a building or electrical/service room. Depending on the location, height, and length of any wall or fence used for screening purposes, landscaping shall be used to the extent practicable to shield and obscure the wall or fence. Alternative methods for screening equipment from the public right-of-way and adjacent properties may include the placement of equipment in locations where buildings serve the purpose of screening or any other method approved by the director. Chain link fencing with or without wooden or plastic slats is prohibited.
(B)
In locations where ground-mounted mechanical equipment is completely screened from surrounding properties and adjacent to public streets, but visible on-site, the ground-mounted mechanical equipment shall be surrounded by sight-obscuring landscaping, enclosed, or painted with neutral colors that are compatible with structures and landscaping on the property.
(C)
Screening shall be maintained in good condition at all times. Landscaping used as screening shall provide a dense, year-round screen.
(D)
Structural, design, and/or landscaping plans for any required screening under the provisions of this section shall be approved by the director and the building official.
(3)
Wall-mounted mechanical devices.
(A)
Wall-mounted mechanical and electrical equipment, that are larger than 36 inches in height or width shall be completely screened from the public right-of-way, adjacent properties, and on-site parking areas, or shall be enclosed within a building or electrical/service room.
(B)
Minor wall-mounted mechanical and electrical equipment, such as small generators, utility meters, or junction boxes, that are 36 inches in height and width or less, shall be screened to the maximum extent practicable through the use of building design integration and concealment, enclosure, or surface color paint matching and be screened by walls or fences or sight-obscuring landscaping. Chain link fencing with or without wooden/plastic slats is prohibited.
(4)
General screening.
(A)
All exterior wall-mounted cables, raceway, conduit, or other device connection to support any roof-mounted, ground-mounted, or wall-mounted mechanical devices, shall be painted to match the color of the building wall or surface on which they are mounted and shall be sited to minimize the appearance or be in a location that is reasonably compatible and in harmony with the architectural styling and detailing of the building. Additional wall or landscaping screening may be required to the satisfaction of the director.
(B)
Structural, design, and landscaping plans for any required screening under the provisions of this section shall be approved by the director and the building official.
(5)
Exceptions to screening requirements. Where it can be clearly demonstrated that the exterior mechanical equipment is not visible from any surrounding properties, adjacent public streets, and on-site parking areas, the director may waive the screening requirements of this section. Furthermore, the following mechanical equipment and devices will be fully or partially exempt from the foregoing screening requirements of this section, but may be regulated separately by some other local, state, or federal law:
(A)
Electric vehicle charging support systems.
(B)
Electric generating facilities, including solar photovoltaic systems.
(C)
Communication facilities, including satellite antennas.
(D)
Heavy industrial uses where the mechanical equipment itself is the main focus of the use, and the size or scale of the equipment prohibits full screening (such as concrete batching plants or certain other large-scale manufacturing uses). The director may require partial screening measures (such as solid fencing or landscape screening) as appropriate and on a case-by-case basis, to minimize the visual effects of the neighborhood to surrounding properties and adjacent streets.
(Ord. 2021-10, § 5, 10-27-21; Ord. No. 2018-20, § 7, 11-28-18)
§ 33-1086 Utilities.
All structures built in residential (R) zones, except for single-family dwellings where more than 51% of the lots in the block are serviced by overhead wires, and all structures built in a commercial (C) zone shall, within the exterior boundary lines of such property, have all electrical communication, C.A.T.V. and similar distribution service wires and/or cables placed underground. The owner is responsible for complying with the requirements of the article and he shall make the necessary arrangements with each of the serving utilities for installation of such facilities.
Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground facilities may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with specifications of the city engineer.
The planning commission may waive the requirements of this section in a particular case where it is shown and the planning commission so finds that topography, soil or other conditions make such underground installation unreasonable or impractical.
The provisions of this section shall not apply to existing utility facilities or to the installation and maintenance of overhead electrical transmission lines and overhead communication long distance trunk and feeder lines.
(Zoning Code, Ch. 107, § 1075.70)
§ 33-1087 Minor public utility structures-Setback encroachments.
(a)
Setback encroachments may be considered for the small scale public utility structures which do not exceed one story (up to 15 feet in height) to enclose existing sewer lift stations. Provisions for setback encroachments would not apply to other public utility structures such as water pressure reducing systems, water pump stations, water reservoirs, refuse collection centers/transfer stations, water or wastewater treatment plants, water reclamation plants or electrical substations.
(b)
Limited setback encroachments will be considered in residential, commercial, office and industrial zones based on the following criteria:
When setback encroachments cannot be reasonably avoided and where sight distance standards are met, the proposed setback encroachment must be compatible with adjacent properties and improvements, through consideration of landscaping, architectural features, material, color, height, scale and size, and location of proposed structures.
(Zoning Code, Ch. 107, § 1075.71)
§ 33-1088 Condominium or other independent forms of conversions.
At such time as any multiple-family dwellings are converted from individual, corporate or partnership ownership to a condominium or other independent ownership form, those persons desiring to make such conversion shall request an inspection of the premises by the planning department of the City of Escondido to ascertain whether the existing landscaping and parking conforms to the current requirements for multiple-family dwellings within the particular zone and if said landscaping or parking does not conform, it shall submit landscaping and parking plans for approval by the planning department in the manner provided in this chapter.
Furthermore, none of the above described conversions shall be permitted unless such development is consistent with the general plan of the City of Escondido.
In addition, the person undertaking such conversion shall deposit in the manner and sum provided in section 33-957 of Article 49 of this chapter a contingency or reserve fund.
(Zoning Code, Ch. 107, § 1075.75)