Escondido City Zoning Code
ARTICLE 5
OPEN SPACE DEVELOPMENT STANDARDS
§ 33-70 Purpose.
It is the purpose of this article to establish standards for the development of lands identified by the open space/conservation element of the general plan as having open space value to the community and its citizens in one or more of the following categories:
(a)
Moderate slopes of 16% to 30%;
(b)
Steep slopes of 31% or greater;
(c)
Vegetation conservation areas;
(d)
Natural drainage courses not otherwise defined as floodways;
to protect and preserve such lands for their open space value in accordance with the goals and objectives of the Escondido general plan, and to protect the public health, safety and welfare from such dangers as erosion, landslide and mudflows. |
(Zoning Code, Ch. 102, § 1023.1)
§ 33-71 Intent.
It is intended that the requirements of this article shall be in addition to the property development standards of the zone in which such land is located, and that said requirements be applied in a uniform manner to all lands of similar characteristics. The provisions of this article shall prevail over conflicting provisions of any other article.
(Zoning Code, Ch. 102, § 1023.2)
§ 33-72 Development standards.
All developments proposed on lands identified by the open space/conservation element as having one or more of the designations set forth in section 33-70 shall be subject to the following development standards:
(a)
Natural features such as rock outcroppings, creeks and other natural drainage courses, and wooded areas shall be protected and preserved;
(b)
Unless cleared for agricultural purposes, natural vegetation shall remain undisturbed except as necessary to construct improvements and to eliminate hazardous conditions, unless replanted with native or fire-retardant materials including groundcovers, shrubs and trees;
(c)
Grading shall not alter the natural contours of the terrain except as necessary for building sites or to correct unsafe conditions. The locations of buildings and roads shall be planned to follow and conform to existing contours;
(d)
Lot coverage shall not exceed 20% on land consisting of moderate slopes (16% to 30%) or 10% on land consisting of steep slopes (31% or greater). Lot coverage shall include all buildings which extend more than three feet above the surface of the ground level;
(e)
Density transfer allowances may be permitted based on the density provisions of the zone in which such lands containing features requiring preservation are located, through utilization of the planned development (PD) or planned unit approval (PUA) procedure;
(f)
No alteration of natural features identified for preservation and protection shall be permitted prior to approval of a development permit.
(Zoning Code, Ch. 102, § 1023.3; Ord. No. 99-17, § 4)
§ 33-73 Development permit.
Prior to issuance of a building permit, a development permit application shall be submitted to and approved by the staff development committee.
(Zoning Code, Ch. 102, § 1023.4)
§ 33-74 Application, form and content.
Said application shall be submitted to the planning department on forms provided by said department. Six copies of all plans shall be submitted, which shall show all information necessary to ascertain the size and location of the property, the nature and extent of the proposed development, existing topography and natural features, conditions and vegetation, and proposed grade, landscaping, drainage and access.
(Zoning Code, Ch. 102, § 1023.4.1)
§ 33-75 Determination.
The staff development committee may approve, conditionally approve or deny a development permit. Such determination shall be in writing, setting forth the reasons thereof, and shall indicate conformance or nonconformance with the goals and objectives of the open space/conservation element of the general plan. One copy of said determination shall be mailed to the applicant at the address shown on the application form.
(Zoning Code, Ch. 102, § 1023.4.2)
§ 33-76 Appeal.
The applicant may appeal any decision, finding or condition of approval to the planning commission within 15 days after making of said determination by the staff development committee by filing said appeal on forms provided by the planning department, together with a filing fee in the amount of $50. The applicant may further appeal any planning commission action to the city council within 15 days after said action by filing said appeal with the city clerk. The decision of the city council shall be final.
(Zoning Code, Ch. 102, § 1023.4.3)
§ 33-77 Exemptions.
The following projects are exempt from the requirements of a development permit:
(a)
A single-family residence on an existing lot or parcel;
(b)
Projects which require a planned unit approval (PUA);
(c)
Projects filed as a planned development (PD);
(d)
Subdivision maps associated with (b) or (c);
(e)
Projects which require a conditional use permit (CUP).
(Zoning Code, Ch. 102, § 1023.5)