Escondido City Zoning Code
ARTICLE 68
GROWTH MANAGEMENT ORDINANCE
§ 33-1430 Definitions.
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:
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.
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.
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.
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.
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.
means all land and improvements defined by the general plan's quality of life standards, including drainage.
include all measures necessary to achieve conformance with the general plan quality of life standards as determined by the citywide facilities plan.
means the point at which a project or group of projects exceeds the acceptable, available facility capacity and required concurrent construction of facilities.
means the specific geographic sub-areas as defined by Figure II-12 of the general plan, or as amended.
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.
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.
means an area where a critical infrastructure deficiency exists, as specified in the citywide facilities plan.
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)
§ 33-1431 Applicability.
(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.
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(Ord. No. 94-16, § 1, 5-18-94)
§ 33-1432 Exemptions.
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;
(c)
Zone changes;
(d)
Annexations;
(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)
§ 33-1433 Development agreement procedures.
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)
§ 33-1434 Compliance with this article.
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)
§ 33-1435 Implementation of facilities and improvements requirements.
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)
§ 33-1436 Findings.
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)