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Escondido City Zoning Code

ARTICLE 6

RESIDENTIAL ZONES

§ 33-90 Purpose.

(a) 
Residential zones are established to provide for residential districts of various population densities so that the various types of residential developments may be separated from each other as necessary to assure compatibility of uses within family living areas, including the necessary appurtenant and accessory facilities associated with such areas.
(b) 
The following classes of residential use zones are established:
(1) 
The agriculture residential (R-A) zone is established to provide an agricultural setting in which agricultural pursuits can be encouraged and supported within the city. The R-A zone is designed to include single-family detached dwellings and to protect agricultural uses from encroachment by urban uses until residential, commercial or industrial uses in such areas become necessary or desired.
(2) 
The estate residential (R-E) zone is established to provide a rural setting for family life in single-family detached dwellings. Provisions are made for the maintenance of limited agricultural pursuits as well as those uses necessary and incidental to single-family living.
(3) 
The single-family residential (R-1) zone is established to provide a suburban setting suitable for family life in single-family, detached dwellings.
(4) 
The mobilehome residential (R-T) zone is established to provide a mobilehome park setting for family life in single-family detached mobilehomes. No land shall be classified into this zone where such classification would create an R-T zone area of less than 400,000 square feet.
(5) 
The light multiple residential (R-2) zone is established to provide a multifamily setting for family life in low-height, low-density dwelling units in close proximity to single-family residential neighborhoods.
(6) 
The medium multiple residential (R-3) zone is established to provide a multifamily setting for family life in low-height, medium-density dwelling units in close proximity to other multifamily neighborhoods.
(7) 
The high multiple residential (R-4) zone is established to provide a multifamily setting for family life in mid-height, high-density dwelling units in close proximity to other multifamily neighborhoods and near the city's center.
(8) 
The very high multiple residential (R-5) zone is established to provide a multifamily setting for family life in higher-height, very high-density dwelling units in close proximity to other multifamily neighborhoods and near the city's center.
(c) 
Subsection 33-90(a) notwithstanding, this section also serves to implement provisions of sections 65852.21 and 66411.7 of the Government Code.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2022-18, § 3, 9-28-22)

§ 33-91 Designation of single-family residential sub-zones.

Several of the single-family zones established by section 33-90 are further classified into sub-zones based on the required minimum lot area and lot width. Sub-zones are designated by adding a suffix number to the symbol for the principal R-zone. The suffix number shall indicate the minimum lot area for the sub-zone stated in units of 1,000 square feet (except that the suffix for R-A sub-zones -5 and -10 shall be stated in units of 5AC and 10AC respectively).
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-92 Designation of multiple-family residential sub-zones.

The R-2, R-3, R-4 and R-5 zones established by section 33-90 are further classified into sub-zones based on the maximum number of dwelling units allowed per net acre (density). Density sub-zones are designated by adding a suffix number to the symbol for the principal multiple residential zone. The suffix number shall indicate the maximum allowable units per net acre exclusive of the right-of-way of all public streets or alleys as classified in the circulation element of the Escondido general plan as amended, or as is indicated to be dedicated to the City of Escondido on the pertinent development proposal, whichever is more restrictive.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-93 General plan compatibility matrix.

Table 33-93 lists the general plan designation corresponding to the residential zoning district designations. Densities for the Rural, Estate, and Suburban general plan designations are subject to topographic slope conditions.
Table 33-93
Zoning
Corresponding General Plan Designation
Residential agricultural (R-A)
Rural I, Rural II
Residential estate (R-E)
Estate I, Estate II
Single-family residential (R-1)
Suburban, Urban I
Mobilehome residential (R-T)
Suburban, Urban I, Urban II
Light multifamily residential (R-2)
Urban II
Medium multifamily residential (R-3)
Urban III
High multifamily residential (R-4)
Urban IV
Very high multifamily residential (R-5)
Urban V
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-94 Permitted and conditional uses and structures.

Table 33-94 lists those uses in residential districts that are permitted (P) or subject to a major conditional use permit (C) or minor conditional use permit (C#).
Table 33-94
Permitted/Conditional Uses & Structures
R-A
R-E
R-1
R-T
R-2
R-3
R-4
R-5
Residential and Lodging
Single-family dwellings detached
P
P
P
P
P1
P1
P1
Mobilehome on parcel alone, pursuant to section 33-111
P
P
P
P
Two-family dwelling units and urban lot splits
P2
P2
Two-family, three-family, and multiple-family dwellings
P
P1
P1
P1
Mobilehome parks pursuant to Article 45 and Title 25. A minimum 400,000 sq. ft. in land area required
C
C
C
Small lot developments pursuant to section 33-114
P
P1
Transitional housing and supportive housing constructed as residential dwellings consistent with the underlying zone pursuant to section 33-8 of Article 1
P
P
P
P
P
P
P
P
Rooming house, boarding house, mini-dorms etc. with central kitchen, interior access to sleeping rooms
C
C
C
C
Bed and breakfast facilities, pursuant to Article 32
C#
C#
C
C
C
C
C
Senior housing
P
P
P
P
P
P
P
P
Care in Residential Zones
Licensed residential care facilities and group quarters for 6 or fewer persons including, but not limited to, sanitariums, convalescent homes, rest home services, transitional and supporting housing
P
P
P
P
P
P
P
P
Licensed residential care facilities and group quarters for 7 or more persons, including, but not limited to, sanitariums, convalescent homes, rest home services, transitional and supportive housing
C
C
C
C
C
C
C
Small and large family day care as defined in section 33-8 pursuant to section 33-1104 of Article 57
P
P
P
P
P
P
P
Day nurseries, child care centers (excluding small and large family care which are permitted uses)
C
C
C
C
C
C
C
Agriculture and Animals
Animal specialties, poultry and egg production, rabbits, apiaries, aviaries, small animal farms
C
Animals other than those listed in Table 33-95a, and provisions pursuant to section 33-1116 of Article 57
C#
C#
C#
Field and seed crops
P
Horse stable (commercial), subject to sections 33-144(b) and 33-145, with the quantities of animals allowed pursuant to Table 33-95a or Article 9
C
C
Livestock (on sites exceeding nine acres)
C
Truck crops (includes vegetables, berries, melons); orchards and vineyards (fruit and tree nuts); horticultural specialties
P
P
P
Wineries with a tasting room pursuant to section 33-1107 of Article 57
C
C
Wineries without a tasting room pursuant to section 33-1107 of Article 57 (at least 50% of fruit used in winemaking must be grown on site)
P
P
Community gardens on city-owned property
P3
P3
P3
P3
Social, Religious, Educational, Recreational, Governmental
Golf courses, private and public
C
C
C
C
C
C
Government services (except correctional institutions)
C
C
C
C
C
C
C
C
Nursery, primary and secondary (grades K-12), post-secondary and professional schools and education
C
C
C
C
C
C
C
Religious activities, civic associations, social clubs and fraternal organizations and lodges
C
C
C
C
C
C
C
C
Resorts and group camps
C
Tennis courts, private membership only
C
C
C
C
C
C
Youth organizations pursuant to section 33-1105 of Article 57
C
C
C
C
C
C
C
C
Other public recreation uses and structures
C
C
C
C
C
C
C
C
Utility and Communications Operations
Communications (excluding offices and relay towers, microwave or others)
C
C
C
C
C
C
C
C
Utility facilities
C
C
C
C
C
C
C
C
Wireless service facilities on private property, including communication antennas, pursuant to Article 34
C
C
C
C
C
C
C
C
Miscellaneous
Aluminum can and newspaper redemption centers without can crushing facilities (only as an accessory use to nursery, primary, secondary, post-secondary and professional education, and religious activities)
C
C
C
C
C
C
Arts and crafts shows as defined in section 33-8, with permit pursuant to section 33-1119 of Article 57
P
P
P
P
P
P
P
P
Cemeteries and/or mausoleums
C
C
C
C
Uses or structures permitted or conditionally permitted by this zone and involving hazardous materials (pursuant to section 33-666 of Article 30)
C
C
C
C
C
C
C
C
Short-Term Rentals pursuant to Ch. 16, Article 8
P3
P3
P3
P3
P3
P3
P3
Notes:
1
No vacant or underdeveloped lot or parcel of land in any R-3, R-4, and R-5 zone shall be improved or developed at a density below 70% of the maximum permitted density. Exceptions to the minimum density requirement may be granted in writing as part of the plan approval required by section 33-106 provided the development will not preclude the city from meeting its housing needs as described in the housing element of the Escondido General Plan. Minimum density requirements shall not apply to property owners seeking to enhance or enlarge existing dwelling units or construct other accessory structures on a site.
2
Subject to requirements under sections 33-115 and 33-116.
3
Subject to requirements and permitting under Chapter 16, Article 8.
(Ord. No. 2023-15, 10/25/2023; Ord. 2025-01, 5/7/2025)

§ 33-95 Permitted accessory uses and structures.

(a) 
Accessory uses and structures are permitted in residential zones, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, those listed in Table 33-95.
(1) 
When provided by these regulations, it shall be the responsibility of the director to determine if a proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to, the principal use, based on the director's evaluation of the resemblance of the proposed accessory use to those uses specifically identified as accessory to the principal uses and the relationship between the proposed accessory use and the principal use.
Table 33-95
Permitted Accessory Uses and Structures
R-A
R-E
R-1
R-T
R-2
R-3
R-4
R-5
Accessory Structures
Accessory buildings for animals and animal enclosures, subject to sections 33-144(b) and 33-145
P
P
P
P
P
P
P
P
Accessory buildings such as garages, carports, green houses, gazebos, gardening sheds, recreation and similar structures which are customarily used in conjunction with and incidental to a principal use or structure
P
P
P
P
P
P
P
P
Accessory buildings or structures required for the storage of any products, equipment or uses lawfully permitted or produced on the premises
P
P
P
 
 
 
 
 
Accessory buildings and structures for mobilehomes including carports, porches, awnings, skirting, portable storage cabinets, and similar structures which are customarily used in conjunction with, and incidental to, the principal use or structure, provided they are located within 6 feet of a mobilehome
P
P
P
P
 
 
 
 
Accessory dwelling units pursuant to Article 70
P
P
P
 
P
P
P
P
Agricultural related accessory buildings or structures including windmills, silos, tank houses, water wells, reservoirs, storage tanks, buildings or shelters for farm equipment and machinery, housing required for the nurture, confinement or storage of animals, crops, products or equipment lawfully permitted or produced on the premises
P
P
 
 
 
 
 
 
Barbeque pits, outdoor fireplaces, and grills
P
P
P
P
P
P
P
P
Caretaker's residence or housing for persons deriving the major portion of their income from employment on the premises in conjunction with authorized agricultural use, provided that such buildings shall be occupied only by such persons and their families
P
P
 
 
 
 
 
 
Bus stop shelters pursuant to Municipal Code Article 9 of Chapter 23 and section 33-1118 of Article 57
P
P
P
P
P
P
P
P
Guest house as defined in section 33-8. In the RE zone said facility shall be located to the rear of the main building, or screened from street view. In the R-1 zone said facility shall be located on the rear one-half of the lot or parcel, and only on lots or parcels that are more than 1½ times the sub-zone minimum lot area
P
P
P
 
 
 
 
 
Horse stable (commercial), subject to sections 33-144(b) and 33-145
C
C
 
 
 
 
 
 
Horse stable (private), subject to sections 33-144(b) and 33-145
P
P
P
 
 
 
 
 
Satellite dish antennas pursuant to Article 34
P
P
P
P
P
P
P
P
Stands for displaying and selling agricultural or farming products that are grown or produced on the premises. A maximum of 1 stand per lot or parcel of land shall be permitted. The ground coverage of the stand shall not exceed 300 square feet, and it shall be set back from the street or highway right-of-way line a distance of at least 20 feet
P
P
 
 
 
 
 
 
Swimming pools constructed in accordance with the provisions of Article 57
P
P
P
P
P
P
P
P
Accessory Uses and Activities
Animal overlay (AO) zone pursuant to Article 9 subject to planning commission and city council approval
P
P
 
 
 
 
 
 
Animals and household pets pursuant to Table 33-95a and section 33-1116 of Article 57
P
P
P
P
P
P
P
P
Minor home occupations pursuant to Article 44
P
P
P
P
P
P
P
P
Parking for recreational vehicles pursuant to Article 25
P
P
P
 
P
P
P
P
Private recreation uses and structures (no private membership or use-fee)
P
P
P
P
P
P
P
P
Private or semi-public recreation uses and structures (with private membership or use-fee)
C
C
C
C
C
C
C
C
Storage of materials used for the construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further, that such use shall be permitted only during the construction period and the 30 days thereafter
P
P
P
P
P
P
P
P
Subdivision sales and signs in accordance with the requirements of this chapter
P
P
P
P
P
P
P
P
Vegetable and flower gardens
P
P
P
P
P
P
P
P
(b) 
The permitted types and quantities of animals allowed in residential zones is listed in Table 33-95a. Other household pets are allowed pursuant to section 33-1116 of Article 57 of this chapter.
(1) 
At no time shall the keeping of such animals and pets constitute a nuisance or other detriment to the health, safety, or general welfare of the community.
(2) 
All animal keeping is subject to the animal control and humane treatment standards in Chapter 4 of the Municipal Code (Animal Control) and other regulations found in County and State codes, including, but not limited to, State Health and Safety Code.
(3) 
No more than the quantities of animals specifically listed in Table 33-95(a) or section 33-1116 shall be kept on any premises, except that offspring may be kept onsite for up to four months from birth.
(4) 
The number of animals allowed on properties that have been divided pursuant to section 33-116 shall be one half of that otherwise allowed in the underlying zoning district.
Table 33-95
Permitted Accessory Uses and Structures
R-A
R-E
R-1
R-T
R-2
R-3
R-4
R-5
Accessory Structures
Accessory buildings for animals and animal enclosures, subject to sections 33-144(b) and 33-145
P
P
P
P
P
P
P
P
Accessory buildings such as garages, carports, green houses, gazebos, gardening sheds, recreation and similar structures which are customarily used in conjunction with and incidental to a principal use or structure
P
P
P
P
P
P
P
P
Accessory buildings or structures required for the storage of any products, equipment or uses lawfully permitted or produced on the premises
P
P
P
 
 
 
 
 
Accessory buildings and structures for mobilehomes including carports, porches, awnings, skirting, portable storage cabinets, and similar structures which are customarily used in conjunction with, and incidental to, the principal use or structure, provided they are located within 6 feet of a mobilehome
P
P
P
P
 
 
 
 
Accessory dwelling units pursuant to Article 70
P
P
P
 
P
P
P
P
Agricultural related accessory buildings or structures including windmills, silos, tank houses, water wells, reservoirs, storage tanks, buildings or shelters for farm equipment and machinery, housing required for the nurture, confinement or storage of animals, crops, products or equipment lawfully permitted or produced on the premises
P
P
 
 
 
 
 
 
Barbeque pits, outdoor fireplaces, and grills
P
P
P
P
P
P
P
P
Caretaker's residence or housing for persons deriving the major portion of their income from employment on the premises in conjunction with authorized agricultural use, provided that such buildings shall be occupied only by such persons and their families
P
P
 
 
 
 
 
 
Bus stop shelters pursuant to Municipal Code Article 9 of Chapter 23 and section 33-1118 of Article 57
P
P
P
P
P
P
P
P
Guest house as defined in section 33-8. In the RE zone said facility shall be located to the rear of the main building, or screened from street view. In the R-1 zone said facility shall be located on the rear one-half of the lot or parcel, and only on lots or parcels that are more than 1½ times the sub-zone minimum lot area
P
P
P
 
 
 
 
 
Horse stable (commercial), subject to sections 33-144(b) and 33-145
C
C
 
 
 
 
 
 
Horse stable (private), subject to sections 33-144(b) and 33-145
P
P
P
 
 
 
 
 
Satellite dish antennas pursuant to Article 34
P
P
P
P
P
P
P
P
Stands for displaying and selling agricultural or farming products that are grown or produced on the premises. A maximum of 1 stand per lot or parcel of land shall be permitted. The ground coverage of the stand shall not exceed 300 square feet, and it shall be set back from the street or highway right-of-way line a distance of at least 20 feet
P
P
 
 
 
 
 
 
Swimming pools constructed in accordance with the provisions of Article 57
P
P
P
P
P
P
P
P
Accessory Uses and Activities
Animal overlay (AO) zone pursuant to Article 9 subject to planning commission and city council approval
P
P
 
 
 
 
 
 
Animals and household pets pursuant to Table 33-95a and section 33-1116 of Article 57
P
P
P
P
P
P
P
P
Minor home occupations pursuant to Article 44
P
P
P
P
P
P
P
P
Parking for recreational vehicles pursuant to Article 25
P
P
P
 
P
P
P
P
Private recreation uses and structures (no private membership or use-fee)
P
P
P
P
P
P
P
P
Private or semi-public recreation uses and structures (with private membership or use-fee)
C
C
C
C
C
C
C
C
Storage of materials used for the construction of a building, including the contractor's temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further, that such use shall be permitted only during the construction period and the 30 days thereafter
P
P
P
P
P
P
P
P
Subdivision sales and signs in accordance with the requirements of this chapter
P
P
P
P
P
P
P
P
Vegetable and flower gardens
P
P
P
P
P
P
P
P
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-20, § 7, 11-28-18; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2019-16, § 6, 11-20-19; Ord. No. 2020-31R, § 6, 1-13-21; Ord. No. 2022-18, § 5, 9-28-22)

§ 33-96 Prohibited primary uses and structures.

All industrial, commercial and residential uses and structures not listed in this article are prohibited.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-97 Property development standards.

(a) 
In addition to the property development standards set forth in this chapter, the development standards set forth in this article shall apply to land and structures in residential zones.
(b) 
Properties developed pursuant to sections 33-115 or 33-116 shall be subject to the development standards contained in those sections. For any development standards not addressed in those sections, the standards contained elsewhere in this chapter shall apply.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2022-18, § 6, 9-28-22)

§ 33-98 Parcel requirements.

Tables 33-98a and 33-98b list parcel requirement for residential zones. Lots or parcels of land which were created prior to the application of the residential zone shall not be denied a building permit for reason of nonconformance with the parcel requirements of this section. For the purpose of establishing sub-zones, an acre contains 43,560 square feet.
Table 33-98a
Zoning Suffix
Minimum Lot Area (square feet)
Average Lot Width (feet)
Minimum Street Lot Frontage
Population Density
R-T2
4,500*
55*
35 feet on a line parallel to the centerline of the street or on a cul-de-sac improved to city standards1.
Frontage on a street end that does not have a cul-de-sac improved to city standards shall not be counted in meeting this requirement except for panhandle lots.
Panhandle lots pursuant to Article 56.
*Mobilehome parks pursuant to Article 45 allow different lot requirements. Title 25 provisions apply where applicable.
Not more than one single-family dwelling may be placed on a lot or parcel of land in this zone3.
R-1-6
6,000
60
R-1-7
7,000
65
R-1-8
8,000
70
R-1-9
9,000
75
R-1-10
10,000
80
R-1-12
12,000
85
R-1-15
15,000
90
R-1-18
18,000
95
R-1-20
20,000
100
R-1-25
25,000
110
R-E-20
20,000
100
20 feet or be connected to a public street by a permanent access easement1.
Panhandle lots pursuant to Article 56.
R-E-25
25,000
110
R-E-30
30,000
125
R-E-40
40,000
150
R-E-50
50,000
R-E-60
60,000
R-E-70
70,000
R-E-80
80,000
R-E-90
90,000
R-E-100
100,000
R-E-110
110,000
R-E-130
130,000
R-E-150
150,000
R-E-170
170,000
R-E-190
190,000
R-E-210
210,000
R-A-5
217,800
150
60 feet or be connected to a public street by a permanent access easement1.
Panhandle lots pursuant to Article 56.
R-A-10
435,600
Notes:
1
Exception: Access to lots or parcels may be provided by private road easement conforming to the following standards:
(a)
The minimum easement widths shall be 20 to 24 feet as determined by the city engineer and fire marshal; subject to the Escondido Design Standards and Standard Drawings;
(b)
Pavement section widths, grades and design shall be approved by the city engineer;
(c)
A cul-de-sac or turnaround shall be provided at the terminus to the satisfaction of the planning, engineering and fire departments.
2
Except for land that was being used for mobile homes prior to the effective date of the ordinance codified in this article, no land shall be classified into this zone where such classification would create an R-T zone area of less than 400,000 square feet.
3
Properties developed pursuant to Section 33-115 and/or 33-116 shall be allowed one two-family dwelling project urban lot split.
Table 33-98b
Zoning Suffix
Minimum Lot Area (square feet)
Average Lot Width (feet)
Minimum Public Street Lot Frontage
Maximum Population Density
R-2
6,000
60
35 feet on a line parallel to the centerline of the street or on a cul-de-sac improved to city standards. Frontage on a street end which does not have a cul-de-sac improved to city standards shall not be counted in meeting this requirement.
12 du/acre
R-3
6,000
60
18 du/acre1
R-4
6,000
50
24 du/acre1
R-5
6,000
50
30 du/acre1
Notes:
1
No vacant or underdeveloped lot or parcel of land in any R-3, R-4, and R-5 zone shall be improved or developed at a density below 70% of the maximum permitted density. Exceptions to the minimum density requirement may be granted in writing as part of the plan approval required by section 33-106 provided the development will not preclude the city from meeting its housing needs as described in the housing element of the Escondido general plan. Minimum density requirements shall not apply to property owners seeking to enhance or enlarge existing dwelling units or construct other accessory structures on a site.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2022-18, § 7, 9-28-22)

§ 33-99 Front setback.

Table 33-99 lists front setback requirements in residential zones, excluding mobilehome parks approved pursuant to Article 45.
Table 33-99
Front Setback Requirements
R-A
R-E
R-1
R-2
R-3
R-4
R-5
R-T
Front setback depth (feet)
251
251
151, 2
151, 2
151, 2
151, 2
151, 2
153
Notes:
1
A required front setback shall not be used for vehicle parking except such portion as is devoted to driveway use or the parking of recreational vehicles in accordance with Article 25, parking of recreational vehicles in residential zones.
2
A garage having an entrance fronting on the street shall be set back at least 20 feet from the street property line.
3
The front setback shall not be used for vehicle parking, except for such portion devoted to driveway use. Title 25 shall apply where appropriate.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-100 Side setback.

Table 33-100 lists side setback requirements in residential zones, excluding mobilehome parks approved pursuant to Article 45.
Table 33-100
Interior Side Setback Requirements
R-A
R-E
R-1
R-2
R-3
R-4
R-5
R-T
Interior side setback width (feet)
101
101
51, 2
54
53, 4
53, 4
53, 4
51, 5
Notes:
1
When used for access to a required parking facility, the drive aisle clearance shall be wide enough for a 10-foot-wide, unobstructed, paved driveway. The minimum width shall be increased to 16 feet with an approved turnaround (large enough to accommodate fire trucks) for driveways longer than 150 feet.
2
If the lot or parcel does not abut an alley, one such side setback shall be at least 10 feet in width.
3
An additional 5-foot setback shall be provided on each side of a lot or parcel of land for each story over 2 of a principal building, with a maximum requirement for any such side setback of 15 feet. Exception: The additional, 5-foot set-back standard does not apply to the third-story immediately above an enclosed, off-drive parking space on a lot or parcel in the R-4 or R-5 Zone with a lot width of 50 feet or less. Said exception is allowed provided that the building still maintains a setback from the side lot line or other structures as required by the California Building Code for fire separation.
4
A driveway that serves 2 homes has a minimum width of 20 feet. A driveway that provides a parking facility housing 3 homes or 9 or more vehicles with access to a street or alley shall be at least 24 feet wide, unless the parking facility is served by 2 one-way drives, in which case each driveway shall be at least 12 feet wide. All driveways shall have a height clearance of at least 13 feet, and shall be paved with cement, asphaltic concrete, or other construction material(s) to the satisfaction of the Director of Community Development.
5
Title 25 provisions shall apply where appropriate.
Street Side Setback Requirements
R-A
R-E
R-1
R-2
R-3
R-4
R-5
R-T
Corner (street) side setback width (feet)
101, 2
101, 2
101, 2
101, 2
101, 2
101, 2
101, 2
102, 3
Notes:
1
A garage having access that is perpendicular to the street shall be set back at least 20 feet from the street property line. A required side setback shall not be used for vehicle parking except such portion as is devoted to driveway use.
2
The required street side setback shall not be used for vehicle parking.
3
Title 25 provisions shall apply where appropriate.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-20, § 7, 11-28-18; Ord. No. 2019-10, § 7, 8-21-19)

§ 33-101 Rear setback.

Table 33-101 lists rear setback requirements in residential zones, excluding mobilehome parks approved pursuant to Article 45.
Table 33-101
Rear Setback Requirements
R-A
R-E
R-1
R-2
R-3
R-4
R-5
R-T
Rear setback (feet)
20
20
20
15
101
101
101
52
Notes:
1
An additional five foot rear setback shall be provided for each building story over two in height. Where the rear setback abuts a public alley, the setback may be measured from the centerline of the alley; however, in no event shall there be less than a five foot setback from the edge of the alley.
2
Title 25 provisions shall apply where appropriate.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-102 Accessory building setback requirements.

(a) 
Accessory buildings or structures that are attached to the main building shall conform to the front, side, or rear yard setback requirements of the underlying zone for the main building, except as specified herein.
(1) 
Patios, when enclosed on three sides or less may extend into the rear setback a maximum of 50% of the required depth of that setback, pursuant to section 331079.
(2) 
Allowed projections into setbacks pursuant to section 33-104.
(3) 
Animal enclosures pursuant to section 33-145 and section 33-146.
(b) 
Detached accessory buildings or structures.
(1) 
Front yard setbacks. Detached accessory buildings shall conform to the front yard setback requirements of the underlying residential zone.
(2) 
Side yard setbacks for detached accessory buildings.
(A) 
The interior side setback of any detached accessory building located less than 70 feet from the front property line in single-family and multifamily zones, or 50 feet from the front property line in the R-T zone (unless superseded by Title 25), shall be the same as that required for the main building, pursuant to Table 33-100.
(B) 
A detached accessory building may be located on a side property line that is not contiguous to a street if, and only if, all of the following conditions are met:
(i) 
The building is located 70 feet, or more, from the front property line (50 feet in the R-T zone, unless superseded by Title 25); and
(ii) 
Has facilities for the discharge of all roof drainage onto the subject lot or parcel of land; and
(iii) 
The building does not require a building permit.
(C) 
A detached accessory building shall have a minimum side setback of 10 feet for a side property line which is contiguous to a street.
(D) 
A detached accessory building having direct vehicular access from an alley shall be located not less than 25 feet from the edge of the alley farthest from the building.
(E) 
A detached accessory building that is 70 feet or more from the front property line in single family and multifamily zones, or 50 feet in the R-T zone, but which does not meet the requirements of subsection (B) above, may not be located closer than five feet from the interior side property line in single family and multifamily zones, or three feet in the R-T zone (unless superseded by Title 25).
(3) 
Rear yard setbacks.
(A) 
No detached accessory building shall be situated on the rear property line in the R-T zone unless superseded by Title 25.
(B) 
A detached accessory building may be located on the rear property line in all residential zones (except the R-T zone) if, and only if, all the following conditions are met:
(i) 
The building does not require a building permit; and
(ii) 
Has facilities for the discharge of all roof drainage onto the subject lot or parcel of land.
(C) 
For detached accessory buildings that do not meet the conditions listed in subsection (B), a building(s) may be located within a required rear yard setback area in all residential zones, but only in the following circumstances:
(i) 
In the R-A and R-E zone districts, a building(s) may be located within a required rear yard setback area provided that such building(s) is located no closer than 10 feet to a rear lot line, and shall not cover more than 50% of the width of the rear setback area.
(ii) 
In all other single family and multifamily zones (except the R-T zone), the building(s) may be located within the rear yard setback provided that a minimum of five feet is maintained, and a building(s) shall not cover more than 50% of the width of the rear setback area. Additional usable open space requirements may apply on the premises, depending on the requirements of the underlying zoning district.
(D) 
An accessory building having direct vehicular access from an alley shall be located not less than 25 feet from the edge of the alley farthest from the building.
(E) 
On a reverse corner lot the rear property line of which is also the side property line of the contiguous property, an accessory building shall be located not less than five feet from the rear property line.
(c) 
Accessory dwelling units (attached or detached) shall conform to the front, side, and rear yard setback requirements of the underlying residential zone for the main building, unless otherwise permitted by Article 70.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2017-06, § 8, 8-16-17; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2019-10, § 7, 8-21-19 ; Ord. No. 2020-31R, § 6, 1-13-21)

§ 33-103 Accessory buildings and building requirements.

(a) 
Accessory buildings located within a required side or rear yard setback area for the primary structure shall be limited to one story and 16 feet in height.
(b) 
Accessory buildings are subject to the property development standards as set forth in section 33-107, building requirements, generally.
(1) 
In addition to the restrictions of section 33-107, a guest house or accessory dwelling unit shall not have a total floor area that exceeds 50% of the existing living area of the main building, unless otherwise permitted pursuant to Article 70.
(2) 
A guest house may be attached to an accessory dwelling unit provided that the overall combined floor area of the combined building or structure does not exceed 75% of the main unit.
(3) 
In addition to the restrictions of sections 33-102 and 33-107, any attached or detached accessory structure/building shall not exceed 49% of the existing/proposed habitable space area of the main building, unless otherwise permitted pursuant to Article 70.
(c) 
The minimum distance between the residence (or main building) and a detached accessory building shall be 10 feet. If the residence (or main building) and detached accessory building are both one story in height, then the minimum separation requirement may be reduced to five feet. A minimum of five feet is maintained for clear access between the detached accessory building and any other building or structure.
(d) 
Nothing in this section or in section 33-107 shall be construed to limit the development of an accessory dwelling unit in the location and manner as specified by Article 70.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2017-06, § 8, 8-16-17; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2019-10, § 7, 8-21-19; Ord. No. 2020-31R, § 6, 1-13-21; Ord. No. 2023-06, § 3, 3-8-23)

§ 33-104 Projections into setbacks (single- and multifamily zones, excluding R-T zone).

(a) 
The following structures may be erected or projected into any required setback in all residential zones (excluding the R-T zone):
(1) 
Fences and walls in accordance with codes or ordinances;
(2) 
Landscape elements, including trees, shrubs and other plants, except that no hedge shall be grown or maintained at a height or location other than that permitted by city codes or ordinances;
(3) 
Necessary appurtenances for utility services;
(4) 
Ground-mounted mechanical equipment, including heating and air conditioning units, provided the auxiliary structure is at least three feet to interior side and rear lot lines, provided such units are screened from the street or adjoining lot by a sight obscuring fence or planting;
(5) 
Pools and pool equipment, subject to Article 57.
(6) 
Barbeque pits, outdoor fireplaces, and grills with the prior approval of the fire chief or designee. Structures shall still maintain a front yard setback consistent with the underlying zone, and a side yard and rear yard setback as required by the California Building Code for fire separation. Incinerators, outdoor fireplaces, barbecues and grills shall not be built, installed, or maintained near combustible materials or in hazardous fire areas without prior approval of the city.
(b) 
In R-1 zones, a single story structure attached to an existing main building may be located within the rear setback to within 10 feet of the rear property line if the director of community development finds that the site for the proposed use is adequate in size and shape, and that the proposed use will not have an adverse effect upon adjacent or abutting properties. Such structures shall not be closer than five feet from any retaining wall or toe of slope and the aggregate area of such structure shall not exceed 40% of the total area of the rear setback otherwise required by section 33-101 of this article.
(c) 
The structures listed below may project into the minimum front or rear setback not more than four feet and into the minimum side setback not more than two feet, provided that such projections shall not be closer than three feet to any lot line:
(1) 
Cornices, eaves, belt courses, sills, buttresses or other similar architectural features;
(2) 
Fireplace structures and bays, provided that they are not wider than eight feet measured in the general direction of the wall of which it is a part;
(3) 
Stairways, balconies, door stoops and fire escapes;
(4) 
Awnings;
(5) 
Planting boxes or masonry planters not exceeding 42 inches in height;
(6) 
Porte-cochere over a driveway in a side setback area, provided such structure is not more than one story in height and 22 feet in length, and is entirely open on at least three sides, except for the necessary supporting columns and customary architectural features.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2019-10, § 7, 8-21-19)

§ 33-105 Projections into setback (R-T zone).

The following structures may be erected or projected into any required setback in the R-T zone unless superseded by Title 25:
(a) 
Fences and walls in accordance with city codes or ordinances, but not to exceed five feet in height;
(b) 
Landscape elements including trees, shrubs and other plants, except hedges, and provided that such landscape feature does not hinder the movement of the mobilehome in or out of its space;
(c) 
Trailer hitches;
(d) 
Necessary appurtenances for utility services;
(e) 
Awnings not to exceed one foot.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-106 Plan approval required.

(a) 
Building plan review and building permits are required for the construction or modification of single-family detached dwellings, mobilehomes, and some accessory structures in residential and R-T zones. Application shall be made to the building division for plan review, which is subject to planning division confirmation of zoning compliance. Two-family dwellings and urban lot splits in single-family residential zones shall be processed pursuant to section 33-115 and 33-116 of this article, respectively.
(b) 
An appropriate development application for the construction or modification of more than one dwelling on any lot in R-2, R-3, R-4 and R-5 zones, multiple-family dwellings, some accessory structures, and nonresidential development in all residential zones is required pursuant to Article 61 of this chapter.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2022-18, § 8, 9-28-22)

§ 33-107 Building requirements, generally.

Table 33-107 lists building requirements in residential zones (excluding mobilehome parks approved pursuant to Article 45).
Table 33-107
Building Requirements
R-A
R-E
R-1
R-2
R-3
R-4
R-5
R-T*
Building height (feet), except as otherwise provided in this chapter
35
35
35
351
351
75
75
35
Maximum building stories
 
 
 
21
31
41
41
 
Minimum distance between residence and accessory buildings (feet)
105
105
105
105
105
105
105
105
Dwelling unit minimum floor area (square feet)2
850
1,0006
8506
500
400
400
400
700
Maximum percent lot coverage by primary and accessory structures
20%
30%
40%
50%
none
none
none
60%
Maximum floor area ratio (FAR)3
0.3
0.44
0.5
0.6
0.7
0.8
0.9
none
Minimum square feet allowed for residential and parking regardless of the FAR
1,500
1,500
1,500
2,500
3,500
4,500
5,000
700
Notes:
1
Buildings or structures in excess of one story and located adjacent to single-family zoned land, shall provide a setback equal to the abutting setback required by the single-family zone standards, plus five additional feet for each story over two on the property line(s) abutting the single-family zone(s) as noted in sections 33-100 and 33-101. Additionally, building features such as windows, doors, balconies, etc., bulk and scale shall not adversely affect the adjacent single-family property.
2
Area is exclusive of porches, garages, carports, entries, terraces, patios or basements.
3
FAR is the numerical value obtained by dividing the total gross floor area of all buildings on the site by the total area of the lot or premises.
4
Except that the maximum FAR for the RE-20 zone shall be 0.5; and for the RE-170 and RE-210 zones the maximum FAR shall be 0.3.
5
Pursuant to section 33-103(c), if the residence (or main building) and detached accessory building are both one story in height, then the minimum separation requirement may be reduced to five feet, unless a greater distance is required by local building and fire code requirements for fire separation.
6.
Dwelling unit minimum floor area does not apply to units created subject to section 33-115.
*
Requirements apply unless superseded by Title 25.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-20, § 7, 11-28-18; Ord. No. 2020-31R, § 6, 1-13-21; Ord. No. 2022-18, § 9, 9-28-22)

§ 33-108 Building requirements, multifamily zones.

(a) 
Dwelling Groups. Each dwelling unit in a group or multiple dwelling developments shall front upon and have primary access to a street or a court which meets the following requirements:
(1) 
The court shall be unobstructed to the sky and shall extend to a street or to another court which has the same or greater width and extends to a street;
(2) 
The width of the court shall be 20 feet if the court is bounded on both sides by buildings having access thereto, and 10 feet if bounded on one side only, by such buildings;
(3) 
No portion of any required court shall be used for parking, turnaround, driveway or any other automotive purpose;
(4) 
Any such court shall be increased in width by five feet for each story in excess of four included in the combination of buildings on both sides of such a court.
(b) 
Usable Open Space. Each lot or parcel of land in the R-2 and R-3 zones shall provide on the same lot or parcel of land 400 square feet of usable open space, or 200 square feet in the R-4 and R-5 zones, as hereinafter defined, per dwelling unit, plus an additional 200 square feet of usable open space for each sleeping room (bedroom) over one in said dwelling unit.
"Usable open space," for the purpose of this section, means an open area or recreational facility which is designed and intended to be used for outdoor living, landscaping and/or recreation. An area of usable open space shall not exceed a grade of 10%, shall have a minimum dimension of at least 10 feet (except balconies), and may include landscaping, walks, recreational facilities and decorative objects such as artwork and fountains. Up to 1/2 of the requirement for each unit may be provided in a private patio or balcony having direct access from the unit. Balconies having a minimum dimension of not less than five feet and a minimum area of not less than 50 square feet shall be counted as open space. Usable open space shall not include any portion of off-street parking areas, driveways, rooftops or required front setbacks. Any accessory building or unit designed and intended to be used for recreational purposes shall be counted as usable open space.
(c) 
Private Storage Area. A minimum of 80 cubic feet of private storage area shall be provided for each dwelling unit. The storage area shall have minimum dimensions of two feet, and shall be in addition to normally expected cabinets and closets.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-109 Parking and loading requirements.

Parking and loading requirements shall be provided as per Article 39 of this chapter, unless superseded by Title 25 in the R-T zone.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-110 Supplemental parking for detached single-family homes.

Unless otherwise restricted in this code, property owners of detached, single-family homes may construct one supplemental uncovered parking space in residential front setback areas, subject to the following conditions:
(a) 
The supplemental parking space shall connect to the required driveway and be placed between the driveway and the closest, interior, side property line. For the purpose of the Escondido Zoning Code the supplemental parking space shall be considered part of the area devoted to driveway use;
(b) 
The supplemental parking space shall be permanently constructed using concrete, asphalt or paver blocks. The surface shall cover a minimum of eight by 20 feet and any pavers shall be either connected or no more than one inch apart. Total curb cut shall not exceed 40% of the street frontage;
(c) 
Vehicles parked on a supplemental parking space shall remain perpendicular to the residential street. Angled parking is prohibited;
(d) 
An area designed to facilitate turning around a vehicle to allow safe access to a collector street shall not be considered a supplemental parking space and shall not be used for parking;
(e) 
Residential properties with driveways accessing major roads, prime arterials, and collector streets, as depicted in the general plan circulation element may not have a supplemental parking space.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-111 Mobilehomes in single-family zones (excluding mobilehome parks approved pursuant to Article 45 or superseded by Title 25).

Mobilehomes, in the R-A, R-E and R-1 zones shall comply with the following:
(a) 
Shall be manufactured within the last 10 years and shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974;
(b) 
Shall be installed on foundation system in compliance with all applicable requirements of the California Residential Building Code to the satisfaction of the city;
(c) 
Shall be covered with an exterior material customarily used on conventional dwellings to the satisfaction of the planning division. The exterior covering material shall extend to the ground except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation;
(d) 
Shall have a roof constructed of shingles or other material customarily used for conventional dwellings to the satisfaction of the city.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-112 Landscaping.

Landscaping in residential zones shall conform to the requirements set forth in Article 62.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-113 Performance standards.

(a) 
Exterior mechanical equipment or devices shall be subject to siting and design standards pursuant to section 33-1085.
(b) 
The following trash storage provisions shall apply in residential zones:
(1) 
The size and dimensions of the trash enclosures shall be based on the required number and size of containers for trash, recyclables, and organic waste/composting shall be approved by the director of community development, pursuant to city standards.
(2) 
Containers shall be placed so as to be concealed from the street and shall be maintained.
(3) 
Required trash enclosure areas shall be constructed of decorative materials. The trash enclosure shall have architecturally acceptable gates and roofing pursuant to city standards.
(A) 
Chain link fencing with or without wooden/plastic slats is prohibited.
(B) 
Metal roofs shall be painted with rust inhibitive paint or offer methods of rust prevention.
(4) 
New trash enclosure areas shall contain a planting area around the perimeter of the enclosure wall except at access gates, to the extent practicable, in accordance with section 33-1339. The landscaping in the planting area shall consist of vertical planting (vines, hedges) which serve to screen the enclosure. Ground cover or mulching shall be used on the ground surface to provide coverage.
(Ord. No. 2017-07, § 4, 6-7-17; Ord. No. 2018-20, § 7, 11-28-18)

§ 33-114 Small lot development.

(a) 
Purpose. Development and recycling opportunity in certain multifamily zones.
(b) 
Development Standards. Development under this provision shall comply with the following requirements:
(1) 
The minimum lot area shall not be less than 3,500 square feet and not more than one dwelling unit per lot;
(2) 
Setbacks for main and accessory buildings may vary in order to allow flexibility; however, the minimum front yard setback shall be 10 feet;
(3) 
Parking shall be provided at a ratio of four off-street spaces per unit. Two of the four spaces must be covered; the additional two spaces may be tandem and may occupy front and side yard setbacks. A minimum back up area of 24 feet shall be provided;
(4) 
Densities per acre shall not exceed that allowed by the zone classification and the general plan;
(5) 
In the R-3 zone, a minimum density of 70% of the maximum permitted density of the zone classification shall be provided. Exceptions to the minimum density may be granted as part of the map approval provided the development would not preclude the city from meeting its housing needs as described in the housing element of the Escondido General Plan;
(6) 
Access to lots may be provided by a private road easement a minimum of 20 feet wide for two or fewer lots subject to approval by the fire marshal and city engineer; additional easement width may be required by the fire marshal and/or city engineer based on the number of lots served and the specific project design;
(7) 
The development shall be comprehensively designed to incorporate appropriate and attractive architectural elements and site features that create a quality residential environment;
(8) 
Process. All requests for a small lot development shall be included in the project description and plans of the associated tentative parcel map or subdivision map application.
(Ord. No. 2017-07, § 4, 6-7-17)

§ 33-115 Two-family dwellings in single-family residential zones and specific plans.

(a) 
Purpose. The purpose of section 33-115 is to appropriately regulate qualifying Senate Bill 9 two-family dwelling unit developments within single-family residential zones in accordance with California Government Code section 65852.21.
(b) 
For the purposes of this section and section 33-116 only, the term "two-family dwelling" shall mean two attached or detached units on single-family zoned properties, and on properties in specific plans intended for single-family residential use.
(c) 
Permit Required. Two-family dwellings shall require processing of a major plot plan application as described in division 8 of article 61 of this chapter.
(1) 
The director of development services or their designee (director) shall review complete applications for compliance with the requirements of this section and the underlying development standards in the zoning district or specific plan in which it is located, and any other applicable objective development standards stated in the municipal code. Notwithstanding language in any specific plan to the contrary, provisions of this section shall supersede where any conflict exists. The director shall ministerially approve complete applications found to be in compliance with these standards.
(2) 
The director may deny a complete application if it fails to comply with the requirements of this section, the underlying development standards in the zoning district or specific plan in which it is located, and any other applicable objective development standards stated in the municipal code. In addition to the foregoing, the director may deny an application if such denial is based upon a preponderance of evidence and the written finding of the building official that the proposed two-family dwelling project would have a specific, adverse impact, as defined in Government Code section 65589.5, subdivision (d)(2), upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Notwithstanding the foregoing, an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards.
(d) 
Appeals of the director's decision shall be governed by section 33-1303.
(1) 
If the development of a two-family dwelling project requires another entitlement pursuant to the Escondido Zoning Code, the two-family dwelling project shall not be approved until that entitlement process is completed and approved. If the entitlement is not approved, the two-family dwelling project cannot be approved unless it is redesigned to eliminate the need for the denied entitlement.
(e) 
Location.
(1) 
Except as specified below, two-family dwellings shall be permitted in estate residential (R-E) and single-family residential (R-1) zones, and on properties in specific plans intended primarily for single-family residential use.
(2) 
Two-family dwellings shall not be permitted in the following locations:
(A) 
On properties that allow as the primary use multifamily residential, commercial, industrial, agricultural, or mixed uses, regardless of the allowance of single-family residential uses.
(B) 
On properties described in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Government Code section 65913.4.
(C) 
Within a historic district or upon property included on the State Historic Resources Inventory, as defined in section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic resource or district pursuant to a city or county ordinance.
(D) 
On parcels requiring demolition or alteration of any of the following types of housing:
i. 
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. 
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
iii. 
Housing that has been occupied by a tenant in the last three years.
(E) 
On parcels which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(F) 
On parcels with legal nonconforming uses or structures unless development of the two-family dwelling brings the property into conformance.
(f) 
Objective Development Standards. The development standards set forth below shall apply to all two-family dwellings. Any development standard not explicitly identified below shall be subject to the underlying zoning designation or specific plan, and all applicable provisions of this code, unless superseded by Government Code sections 65852.21, 66411.7, and 66452.6.
(1) 
Unit Size:
(A) 
The minimum unit size of any unit created as part of a two-family dwelling shall be 400 square feet.
(B) 
Except as described below, no new unit constructed as part of a two-family dwelling may exceed 800 square feet.
i. 
New units may be up to 1,200 square feet if they meet all of the following requirements:
a. 
The parcel on which the two-family dwelling is located is in the R-E or R-1 zone and has a lot size of at least one and a half (1½) times the minimum size otherwise permitted in the zone.
b. 
No accessory dwelling unit or junior ADU exist on the parcel.
c. 
A deed restriction is recorded prohibiting the construction of an ADU or junior ADU on the parcel.
d. 
Existing and new dwelling units shall each have two covered parking spaces.
e. 
An attached or detached garage or covered parking space(s) associated with the 1,200 square foot unit does not exceed 450 square feet.
f. 
Existing and new dwelling units shall meet the minimum setbacks in the underlying zone.
g. 
Addition of the new unit does not result in the parcel being out of compliance with the maximum floor area ratio and lot coverage for the underlying zone.
ii. 
New units may be up to 1,500 square feet if they meet all of the following requirements:
a. 
The parcel on which the two-family dwelling is located is in the R-E zone and has a lot size of one and one half (1½) times the minimum size otherwise permitted in the zone, or is in the R-1 zone and has a minimum lot size of 20,000 square feet.
b. 
The unit satisfies all requirements identified in subsections b through g of section 33-115(f)(1)(B)i.
iii. 
New units may be up to 2,000 square feet if they meet all of the following requirements:
a. 
The parcel on which the two-family dwelling is located is in the R-E or R-1 zone and has a lot size of at least one acre.
b. 
The unit satisfies all requirements identified in subsections b through g of section 33-115(f)(1)(B)i.
(C) 
Any future subdivision of a parcel with a two-family dwelling project shall not cause the parcel to be out of compliance with the provisions of this subsection.
(2) 
Setbacks and Building Separation.
(A) 
Minimum side and rear yard setbacks for a two-family dwelling shall be no less than four feet.
(B) 
Section 33-104(c), projections into setbacks, shall not apply to any projects utilizing sections 33-115 or 33-116.
(C) 
For two-family dwellings constructed on properties which have frontage on streets which have not been dedicated to their ultimate width, setbacks shall be measured from the ultimate right-of-way.
(D) 
Setback requirements noted above shall not apply to a legally existing detached accessory structure that is utilized as one of the two units associated with the two-family dwelling or for a new structure constructed in the same location as a legally existing detached accessory structure.
(E) 
Detached dwelling units and associated covered parking shall be a minimum of 10 feet from each other unless all structures are single-story and not more than 16 feet in height, in which case the minimum separation shall be five feet.
(F) 
Notwithstanding subsection (E) above, all dwellings with less than 10 feet of separation shall meet the fire resistive construction requirements contained in the California Residential and Fire codes.
(3) 
Maximum Height/Stories.
(A) 
If located within the rear or side yard setback of the underlying zoning district, the two-family dwelling shall be limited to 16 feet and one story.
(B) 
If compliant with the setbacks for the underlying zoning district, the two-family dwelling shall comply with the height limitations of the underlying zoning district.
(4) 
Parking Requirements.
(A) 
At least one off-street parking space shall be provided for each new unit constructed under the provisions of this section. Said parking spaces shall be covered, and shall not be in tandem with parking spaces for any other unit on the property.
(B) 
The required parking shall be located on site with the two-family dwelling the parking is associated with.
(C) 
Parking spaces shall be designed pursuant to section 33-769. Compact spaces are not permitted.
(D) 
The foregoing parking standards shall not be required in either of the following circumstances:
i. 
The two-family dwelling is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of section 21155 of the Public Resources Code, or a major transit stop as defined in section 21064.3 of the Public Resources Code. The applicant shall be responsible for demonstrating applicability of this section; or
ii. 
There is a car share vehicle located within one block of the two-family dwelling.
(5) 
Access and Easements.
(A) 
Vehicular access from the public right-of-way shall meet the following requirements:
i. 
Driveways that provide access to two homes shall have a minimum paved width of 20 feet.
ii. 
Driveways that provide access to three homes, or that provide access to parking facilities with nine or more parking spaces, shall have a minimum width of 24 feet, unless the parking facility is served by two one-way driveways, in which case each driveway shall be at least 12 feet wide.
iii. 
All driveways shall have a height clearance of at least 13 feet six-inches, and shall be paved with cement, asphaltic concrete, or other all-weather construction material(s) and to the City Design Standards for Driveway Structural Design.
iv. 
Access improvements shall be provided in compliance with the city's adopted standard drawings.
(B) 
Access to lots shall be in conformance with Article 39 of the Escondido Zoning Code. Dead end access shall be no longer than 150 feet in length unless a Fire Department approved turn-around is provided. Fire Department access shall be a minimum of 20 feet in unobstructed width.
(C) 
Emergency access and easements for the provision of public facilities, utilities, and/or access shall be provided in compliance with applicable sections of the municipal code.
(6) 
The primary entrance for any new dwelling unit constructed as part of a two-family dwelling shall not be oriented to the side or rear property line unless the structure meets the side or rear setback established by the underlying zoning district.
(7) 
Each unit in a two-family dwelling shall be placed on a permanent foundation and permanently connected to the public sewer system or an on-site wastewater treatment system approved by the County of San Diego Health Department.
(8) 
Each unit in a two-family dwelling shall include sufficient permanent provision for living, sleeping, eating, cooking, and sanitations, including, but not limited to, washer/dryer hookups and full kitchen facilities.
(9) 
Both units in a two-family dwelling shall share the same water and sewer utility connections and meter, and shall be subject to connection fees or capacity charges, or both.
(g) 
Additional Requirements.
(1) 
Any unit created pursuant to this section shall, if rented, be rented for a term longer than 30 days.
(2) 
A deed restriction prepared by the city shall be recorded against the subject property prior to issuance of any building permit(s) for a two-family dwelling. The deed restriction shall run with the land and shall stipulate compliance with the applicable provisions of this section.
(3) 
New dwelling units constructed as part of a two-family dwelling shall meet the requirements of the California Building, Residential, and Fire codes, as such codes have been adopted and amended by Chapters 6 and 11 of the Escondido Municipal Code.
(4) 
Both units in a two-family dwelling project shall utilize the same colors and materials. This requirement applies whether both units are constructed at the same time or if one unit is added to a property that is currently developed with an existing unit.
(5) 
Solar panels shall be required on newly constructed units within a two-family dwelling project in compliance with the California Energy Code.
(6) 
Accessory Dwelling Units.
(A) 
For the purposes of this subsection, "unit" refers to either a primary dwelling unit, an accessory dwelling unit (ADU), or a junior ADU.
(B) 
Inclusive of the two-family dwelling requirements described in this section, any existing parcel may be permitted to construct up to four total units.
(C) 
Any parcel created pursuant to section 33-116 shall be permitted to have no more than two total units.
(D) 
ADUs and Junior ADUs shall be governed by the provisions of Article 70.
(Ord. No. 2022-18 § 1, 9-28-22; Ord. 2025-01, 5/7/2025)

§ 33-116 Urban lot split.

(a) 
Purpose. The purpose of section 33-116 is to appropriately regulate qualifying Senate Bill 9 urban lot split developments within single-family residential zones in accordance with California Government Code section 66411.7.
(b) 
For the purposes of this section, "two-family dwelling" shall have the same meaning as that identified in section 33-115.
(c) 
Urban lot splits, as defined in section 33-8, shall be approved ministerially without discretionary review.
(d) 
Urban lot splits are not permitted on the following parcels:
(1) 
Those described in section 33-115(e)(2);
(2) 
Parcels that were created by a prior urban lot split;
(3) 
Parcels adjacent to those which the owner or someone acting in concert with the owner has previously subdivided through an urban lot split process.
(4) 
Parcels where subdivision would result in either of the new parcels being out of compliance with the maximum unit sizes identified in subsection 33-115(f)(1).
(5) 
Parcels containing more than two units, as that term is described in subsection 33-115(g)(7)(A).
(e) 
All provisions of the Subdivision Map Act and the Escondido Municipal Code shall apply unless expressly modified in this section.
(1) 
No dedication of right-of-way or construction of off-site improvements shall be required as a condition of parcel map approval.
(2) 
If the urban lot split is proposed on a public street that has not been dedicated to its ultimate width, public access and utility easements shall be recorded as a condition of parcel map approval.
(f) 
Development Standards. Parcels shall be subject to all development standards of the zone in which the property is located and development standards are related to the design or improvements of a parcel, except as modified below:
(1) 
Lot Size.
(A) 
Each newly created lot shall be at least 40% of the lot area of the parcel being divided.
(B) 
Each newly created parcel shall be no smaller than 1,200 square feet.
(2) 
Setbacks, unit size, and parking requirements shall be the same as those in section 33-115(f).
(g) 
A parcel created by an urban lot split shall be permitted to have a total of two units. This can be achieved through either a two-family dwelling, a single-family dwelling with an ADU, or a single-family dwelling with a junior ADU.
(h) 
Parcels created by an urban lot split shall not be required, as a condition of ministerial approval, to correct nonconforming zoning conditions.
(i) 
An application for an urban lot split shall not be rejected solely because it proposes adjacent or connected structures, provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(j) 
Access to lots shall be in conformance with Article 39 of the Escondido Zoning Code. Dead end access shall be no longer than 150 feet in length unless a Fire Department approved turn-around is provided. Fire Department access shall be a minimum of 20 feet in unobstructed width.
(k) 
Each dwelling unit and parcel shall have access to, provide access to, or adjoin the public right-of-way. Accessibility shall be in conformance with the Building Code and Americans with Disability Act, and shall not preclude construction of future public improvements
(l) 
Easements for the provision of public facilities, utilities, access, and/or emergency access shall be provided as a condition of approval of an urban lot split.
(m) 
Unless specifically exempted pursuant to Government Code sections 66411.7(g)(2) and (3), an applicant for an urban lot split shall sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(n) 
Units on parcels created subject to this section shall, if rented, be rented for a term longer than 30 days.
(o) 
Applications for urban lot splits shall be processed in the same manner as those for tentative parcel maps, and shall be subject to the applicable requirements contained in Chapter 32 of the Escondido Municipal Code.
(p) 
Notes shall be included on the parcel map which reference compliance with sections 33-115 and 33-116 of the Escondido Zoning Code, and any other provisions of said code related to urban lot splits.
(q) 
Fees for urban lot split applications shall be the same as those assessed for other tentative parcel map and parcel map applications.
(r) 
Denial of Permit. The city may deny a request for an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the request would have a specific, adverse impact, as defined and determined in paragraph of subdivision (d) of section 65589.5 the California Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(s) 
Appeals. Appeals of the director's decision shall be governed by section 33-1303.
(Ord. No. 2022-18 § 1, 9-28-22; Ord. 2025-01, 5/7/2025)