Article 1 — GENERAL PROVISIONS

This Chapter 32 shall be known as the "Escondido Subdivision Code." (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

The City of Escondido hereby adopts the Subdivision Map Act (Division 2 of Title 7 of the Government Code of the State of California) hereafter "Map Act," as amended, by reference. The provisions of the Map Act shall apply to all divisions of land occurring within the City of Escondido and the City's General Plan area under a concurrent annexation and pre-zoning request or as specifically authorized by the City Council. Whenever any provision of this chapter is in conflict with any provision of the Map Act, the Map Act shall supersede this chapter. This chapter clarifies processes and requirements specific to the City of Escondido. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Any division of land to which this chapter applies shall also be subject to the requirements of any other federal, state or local laws, statutes, ordinances, rules and regulations otherwise applicable to such division.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

Map applications for property within the County of San Diego shall only be accepted with the approval of the City Council and the concurrent submittal of a pre-zoning and annexation request.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

Words used in this chapter, which are defined in the Map Act but not specifically defined in this chapter, shall have the same meaning as they do in the Map Act. Words used in this chapter which are not defined in this chapter or in the Map Act shall have the same meaning as in the Escondido Zoning Code. Whenever the following words are used in this chapter, they shall have the meaning ascribed to them in this division.

"Adjustment plat": An adjustment to the property lot line(s) between two or more existing lots by means of a plat prepared pursuant to Division 32.402 of this chapter and certified by the Director of Planning and Building as having been approved pursuant to this chapter and filed in the Planning Division.

"Advisory agency": As the term is used in the Map Act (including Map Act section 66415) or this chapter, the advisory agency shall be defined as follows:

1. The Planning Commission is hereby designated as the advisory agency as to the final review and decision for Tentative Subdivision Maps pursuant to section 32.105.03;

2. The Director of Community Development is hereby designated as the advisory agency as to certificates of compliance pursuant to section 32.404.03, boundary adjustments, substantial compliance, environmental document certification (including environmental impact report addenda, mitigated negative declarations and categorical exemptions) pursuant to section 32.105.02, tentative map and tentative parcel map extensions of time pursuant to section 32.210.02, tentative map modification pursuant to section 32.211, minor modifications of design standards pursuant to section 32.105.05; and

3. The City Engineer is hereby designated as the advisory agency as to the approval of Final Maps, Parcel Maps, minor modifications of design standards, Final and Parcel Map modifications and corrections, abandonment of public easements granted without remuneration, plan approval, acceptance of improvements as complete, filing of notices of completion, release of security pursuant to section 32.205.03, and the approval and execution of improvement agreements subject to this chapter, including pursuant to section 32.205.01.

"CEQA": The California Environmental Quality Act, Public Resources Code Sections 21000—21177, and the state CEQA Guidelines for implementation prescribed by the Secretary for Resources.

"Certificate of compliance": A document describing a unit or contiguous units of real property and stating that the division thereof complies or conditionally complies with applicable provisions of the Map Act and City ordinances enacted pursuant thereto.

"Certified map": A revised tentative map incorporating all modifications and changes required by the Tentative Subdivision Map or Tentative Parcel Map approval, which is determined by the Planning Division to be in substantial conformance with the tentative map approval.

"City engineer": As used in this chapter, City Engineer shall mean the City Engineer of the City of Escondido or their authorized representative.

"Complete application": Submittal of an application with all information required to evaluate

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City of Escondido, CA § 32.102.01

SUBDIVISIONS

§ 32.102.01

conformance with the General Plan and Zoning Code.

"Density": The number of residential dwelling units per acre of lot area excluding areas of remainder parcels, areas of nonresidential development, the panhandle portion of a flag lot, and areas of dedication for street rights-of-way, adjustments for floodways as defined by the Federal Emergency Management Agency (FEMA — see Flooding Map) or the City, slope categories, and other environmental factors as designated.

"Discretionary action": The review process which requires consideration of and action on a request at a duly noticed public hearing by the Planning Commission and/or the City Council, including, but not limited to, tentative subdivision maps, variances, zone changes, general plan amendments, conditional use permits, zoning code amendments, development agreements, planned development proposals, annexations, and condominium permits.

"Final map": A final map prepared pursuant to Chapter 2, Article 2 of the Map Act in accordance with the approved or conditionally approved tentative map.

"Improvement, on-site and/or off-site": In addition to its definition in Section 66419 of the Map Act, all those items necessary to satisfy the needs of the subdivision including, but not limited to, local neighborhood traffic, drainage, flood control, fire protection, sanitation and water requirements as a condition prior to the approval of a Final Map or Parcel Map.

"Infill development": Development that occurs on contiguous vacant lots scattered within areas that are already predominantly developed or urbanized to the highest intensity allowed by the Zoning designation and the General Plan.

"Legislative body": The City Council is the legislative body of the City of Escondido.

"Lot area": The horizontal area within the boundary lines of a lot.

"Net lot area": The horizontal area within the boundary lines of a lot exclusive of:

1. The area of any street or alley right-of-way, dedication, offer of dedication, and road easements.

• Any fenced flood-control easement.

3. Any portion of the lot which is less than 35 feet wide for a distance of 50 feet or more and which is designed or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site.

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City of Escondido, CA

ESCONDIDO CODE

§ 32.102.01

§ 32.102.01

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"Map act": The Subdivision Map Act as set forth in Division 2 of Title 7 of the Government Code (Sections 66400 et seq.) of the State of California.

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City of Escondido, CA § 32.102.01

SUBDIVISIONS

§ 32.102.01

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"Panhandle lot": A lot having access to a street by a narrow extension of the lot.

"Parcel map": A map prepared pursuant to Chapter 2, Article 3 of the Map Act in accordance with the approved or conditionally approved tentative map.

"Remainder parcel": That portion of land which is not divided for the purpose of sale, lease, or financing when only a portion of real property is subdivided, which meets the minimum development standards of the General Plan and Zoning Code as if it were a lot.

"Resident purchase of a mobilehome park": The purchase by existing residents of a mobilehome park for the purpose of conversion to a mobilehome condominium project, mobilehome stock cooperative or any similar project where the member of the project owns a home ownership share, fee lot, or condominium unit.

"Substantial conformance": A determination by the Director of Planning and Building that a revised map complies with the conditions of the map approval where no additional grading exemptions, units, property, or parcels are involved, the approved minimum lot size is maintained, no significant environmental impact is created, and the revisions are consistent with the character of the original approval.

"Through lot": A lot having a frontage on two parallel or approximately parallel streets.

"Yield": The maximum allowable number of dwelling units permitted for a proposed subdivision, reflective of all General Plan and Zoning Code criteria. The yield is the sum of the density calculations for all lot area within each General Plan Land Use Designation and slope category and/or other constrained land category. For the purpose of calculating yield, the lot area excludes the area of remainder parcels, areas of nonresidential development, and ultimate Circulation Element street rights-of-way, and includes the area of any interior noncirculation element streets. See "Yield Example."

"Zoning Code": The Escondido Zoning Code, Chapter 33 of the Escondido Municipal Code.

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City of Escondido, CA

ESCONDIDO CODE

§ 32.102.01

§ 32.102.01

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City of Escondido, CA § 32.102.01

SUBDIVISIONS

§ 32.102.01

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(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. No. 2020-31R, § 6, 1-13-21; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

The City Council and/or the advisory agency as designated in Division 32.102, or the authorized representative, is empowered and directed to carry out the duties assigned by this chapter, including, but not limited to:

• A. Investigate each application.

• B. Consider the recommendations of:

  1. The City Engineer and the Director of Planning and Building, or their authorized representatives, with respect to the design of the proposed subdivision and the kind, nature, and extent of the proposed on-site and off-site improvements; and

  2. The Fire Chief, the Chief of Police, and other City departments, public agencies and public and private utilities, or their authorized representatives, with respect to the availability of service and the kind, nature, and extent of necessary improvements.

• C. Consider the matters set forth in Chapter 4 of the Map Act and make findings in accordance with Division 32.209 of this chapter.

• D. Take an action or make a recommendation on the application.

• E. Prescribe or recommend the kind, nature and extent of the improvements to be constructed or installed.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

32.104 Fees

All applications or other filings required or permitted by this chapter, or by the Map Act, shall be accompanied by a fee to be established by resolution of City Council. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

Any discretionary action needed to achieve conformance to the General Plan or the Zoning Code shall be processed concurrently with the application required or permitted by this chapter. Where one or more actions requires the approval of the Planning Commission, then all actions shall be taken by the Planning Commission. When one or more actions require the approval of the City Council, then all actions shall be taken by the City Council. The effective date of any action on a tentative map shall be concurrent with the associated discretionary application. (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

The Director of Planning and Building or their designated representative shall review applications for completeness and shall prepare the appropriate environmental document pursuant to CEQA and the Administration and Enforcement division of the Zoning Code. Upon consideration of the application, comments from other city departments, other agencies or utilities, and other available information, the Director of Planning and Building shall take an action or make a recommendation as follows:

• A. Action. The Director shall approve, conditionally approve or deny a Tentative Parcel Map, Adjustment Plat, or Certificate of Compliance, and shall make such findings as may be required by the Map Act and this chapter. The Director shall provide written notification to the applicant of the decision on the application.

• B. Recommendation. The Director shall submit written recommendations concerning a Tentative Subdivision Map to the Planning Commission, and recommendations concerning a Reversion to Acreage to the City Council, for consideration at a public hearing. For projects requiring potential condemnation, the Director shall provide written notification to the City Council prior to consideration by the Planning Commission.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. Action. The Planning Commission shall hold a duly noticed public hearing to consider an application for a Tentative Subdivision Map. The Planning Commission shall approve, conditionally approve, or deny the application, and shall make such findings as are required by the Map Act and this chapter. The Commission shall file a resolution of its action with the City Clerk within five days of the action.

• B. Recommendation. When an application for a Tentative Subdivision Map is accompanied by a request for a discretionary review which requires action by the City Council, the Planning Commission shall submit written recommendations to the City Council for consideration at a public hearing.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

• A. Action. The City Council shall hold a duly noticed public hearing to consider an application

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City of Escondido, CA § 32.105.04

SUBDIVISIONS

§ 32.105.05

or a Reversion to Acreage or a Tentative Subdivision Map accompanied by a request for a discretionary review which requires action by the City Council. The City Council shall approve, conditionally approve, or deny the application and shall make such findings as are required by the Map Act and this chapter. The City Council may also refer an application back to staff or the Planning Commission without taking an action.

• B. Resolution. The City Council shall file a resolution indicating the action taken on the application, and the findings made by the City Council as required by the Map Act and this chapter.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

When the approval body or official of a proposed subdivision, as specified in Divisions 32.105 and 32.303, finds that it is impossible or impractical for the subdivider to conform fully to the design and improvement requirements of this chapter due to unusual conditions related to size, shape, topography, proposed use, or title limitations of record affecting the real property to be divided, that approval body may waive or modify these requirements provided that this waiver or modification shall be in conformity with the requirements of the Map Act and the spirit and purpose of this chapter. Reasonable conditions deemed necessary and appropriate by the approval body or official may be imposed.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

• A. Notice of required public hearings shall be given as provided in the Administration and Enforcement division of the Zoning Code. The Director of Planning and Building may give such other notice as deemed necessary or advisable.

• B. In the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the subdivider shall give all notices required by the Map Act. In addition, the subdivider shall be responsible for expenses incurred by the City in giving notice as required by Sections 66427.1, 66451.3, 66452.3 and 66452.5(e), or any successor section or replacement sections of the California Government Code.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

A Notice of Intended Decision shall be given as provided in the Administration and Enforcement division of the Zoning Code for Tentative Parcel Maps.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

A letter detailing the action taken on an application and any conditions of approval shall be provided to the applicant for Adjustment Plats, Certificates of Compliance, minor map modifications, and correction and amendments of recorded maps.

(Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA

32.107 Appeals

• A. If the subdivider or any interested person is dissatisfied with an action of the Director of Planning and Building, or Planning Commission with respect to a subdivision related application, the subdivider or such interested person may file a written appeal as provided in the Map Act and the Administration and Enforcement division of the Zoning Code.

• B. An appeal shall not be deemed filed unless and until a fee, established by resolution of the City Council has been paid, to cover the costs of processing and noticing the appeal.

• (Ord. 96-26, § 1, Exh. A, 9-11-96; Ord. 2022-02, § 4, 1-26-22)

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City of Escondido, CA