§ 33-1066 Figure 4: SLOPE SCREENING — Escondido Zoning Code

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(6) Retaining walls shall be designed with smooth, continuous lines that conform to the natural hillside profile to the extent possible (see Figure 5).

Figure 5: RETAINING WALLS

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(g) Preservation of natural and cultural features. Grading designs shall be sensitive to natural topographic, cultural, or environmental features, as well as mature and protected trees, and sensitive biological species and habitat, pursuant to sections 33-1068 through 33-1069. The following features shall be preserved in permanent open space easements, or such other means that will assure their preservation:
- (1) Undisturbed steep slopes greater than 35%;
- (2) Riparian areas, mitigation areas, and areas with sensitive vegetation or habitat;
- (3) Unusual rock outcroppings;
- (4) Other unique or unusual geographic features;
- (5) Significant cultural or historical features.
(h) Public safety. More extreme grading measures may be approved if necessary to construct street systems conforming to minimum design standards or to provide reliable maintenance access to public utilities or drainage systems.
(i) Landscaping of manufactured slopes. All manufactured slopes shall be protected and landscaped to the satisfaction of the engineering and planning departments.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1066

(1) High slopes (over 20 feet) shall be screened with appropriate landscaping, and efforts shall be made in the plotting of structures to screen slopes to the maximum extent possible.
(2) Drought-tolerant and native species shall be utilized wherever possible to minimize water usage. Refer to the fire department's "Wildland/Urban Interface Standards" for planting requirements on slopes adjacent to high fire zone areas.
(j) Dissimilar land uses. Where dissimilar land uses are located adjacent to one another, grading shall be designed so as to buffer or screen one use from the other. In this regard, the location, height, and extent of proposed grading shall be compatible with adjacent uses, and screening measures that include fences, walls, mounding, and extensive landscaping shall be utilized wherever needed.
(k) Erosion and sediment control. A sound grading approach must include measures to contain sediment and prevent erosion. Such measures shall be identified at the earliest possible point in the grading design process and thereafter implemented as soon as deemed necessary by the city engineer or inspector. Developers of projects that propose grading shall prepare erosion and sediment control plans in conjunction with grading plans utilizing measures described in the city's stormwater management requirements. Containment of sediment and control of erosion is the responsibility of the property owner and developer.

d thereafter implemented as soon as deemed necessary by the city engineer or inspector. Developers of projects that propose grading shall prepare erosion and sediment control plans in conjunction with grading plans utilizing measures described in the city's stormwater management requirements. Containment of sediment and control of erosion is the responsibility of the property owner and developer.

(l) Hillside areas. The standards provided with this section are in addition to the provisions of the underlying land use district and to other applicable provisions of the Escondido Zoning Code.
- (1) Minimum site standards. The following provisions shall apply to residential hillside areas, except that the city engineer may approve modifications to these requirements upon demonstration that any such proposed modifications represent a desirable integration of both site and unit design, and excepting further that these requirements are not intended to require additional grading on existing lots or parcels. For the purposes of this section, "usable" is defined as having a gradient not exceeding that of the balance of the building pad, or 10% whichever is the lesser.
- (2) Within single-family districts, a usable rear yard of at least 15 feet from building to slope shall be provided. Within multiple-family districts, a usable rear yard of at least 10 feet from building to slope shall be provided. This requirement may be modified to the extent that (A) equal usable area is provided elsewhere on the lot other than within the required front yard; and (B) it is demonstrated that the unit is designed to relate to the lot design;
- (3) Within single-family districts where a 10 foot side yard is required, at least five feet of the side yard shall be usable as defined above;
- (4) Retaining walls may not be used within required usable side or rear yards unless approved by the director. Retaining walls so used will be counted as part of the total permitted slope height.
- (5) Grading on natural slopes of 25% to 35% shall only be permitted for the construction and installation of roads, utilities, garage pads, and other limited pad grading that can be shown to be sensitive to the existing terrain.

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City of Escondido, CA § 33-1066

ZONING

§ 33-1067.A

(m) Proposed structures shall be designed to conform to the terrain and shall utilize pole, step, or other such foundation that requires only limited excavation or filling.
(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2016-15, § 4, 10-26-16; Ord. No. 2021-10, § 6, 10-27-21)

§ 33-1067.A. Hillside and ridgeline overlay district.

(a) The hillside protection regulations contained in sections 33-1067.A through 33-1067.F shall apply to all development located within the hillside and ridgeline protection overlay district, as defined in section 33-1052, except as specifically noted in subsection (b). The standards provided with these sections are in addition to the provisions of the underlying land use district and to other applicable provisions of the Escondido Zoning Code. Approval of a tentative subdivision map or planned development permit shall also constitute approval of the development conformity with this section. Grading plans and building plans shall also be checked for conformance with this section prior to approval. Specific plans need to be in general conformance with this section or have to clearly demonstrate the benefits of any deviation from those standards.

The hillside protection regulations shall not be applied to preclude the reasonable development of one single-family residence on a legally created parcel.

(b) Exemptions. The hillside protection regulations shall not apply to the following types of projects:
- (1) Repair or reconstruction of homes damaged or destroyed by fire or other cause;
- (2) Projects for which a grading or building permit was issued prior to the effective date of the ordinance codified in this chapter, which permit was still valid as of said effective date and which has not since expired;
- (3) Grading necessary to correct a slope failure or other ground failure if such correction is deemed by the city engineer to be an emergency, i.e. a situation where life and/or property is threatened. Such corrections might include buttressing or replacement of a slope failure, repair of earthquake damage, removing a slide from a roadway, or similar actions;
- (4) All public roads identified in the circulation element of the Escondido General Plan, provided that findings of fact are made that no less environmentally damaging alternative alignment or non-structural alternative measures or combination of measures exist;
- (5) Local public streets or private roads which are necessary for access to the portion of the site to be developed on slopes of less than 35%, provided no less environmentally damaging alternative exists;
- (6) Trails for passive recreational use according to the approved parks and trails master plan;
- (7) Development of public utility systems, including water reservoirs, and not including private antennas, provided that findings of fact are made that the least environmentally damaging alignment has been selected;
- (8) Final maps recorded, and tentative tract maps and parcel maps approved and/or

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City of Escondido, CA § 33-1067.A

ESCONDIDO CODE

§ 33-1067.B

deemed complete prior to the date of adoption of the ordinance codified in this chapter. However, development, grading, and landscaping that has not been specifically approved with the approved map shall be reviewed for compliance with these regulations to the extent possible within the framework of the approved plans. (Ord. No. 2001-21, § 5, 8-22-01)

§ 33-1067.B. Additional submittal requirements in HRO district.

In addition to other requirements of this article, applications for developments in the hillside and ridgeline protection overlay shall include the following for the subject site and any off-site improvements:

(a) If any portion of a property is within the hillside and ridgeline overlay district, the following shall be submitted for the entire property:
- (1) Slope analysis of the natural topographic features showing the following slope categories and the acreage/square footage for each slope category:

For all projects except single-family homes on existing lots:

0-15 percent
15-25 percent
25-35 percent
35 percent and over

For single-family homes on existing lots:

0-35 percent
35 percent and over

The slope analysis shall generally be prepared at a scale no smaller than one inch equals two hundred feet (1″ = 200′) utilizing contour intervals of no more than 10 feet. Exceptions may be granted by the director based on the size and slope of the property. Small isolated areas of slope over 35% will be reviewed by the director for their development potential.

(2) An overlay of the slope analysis and the proposed development indicating the location of proposed pads, structures, streets, driveways, retaining walls, and any other site improvements, and all proposed grading including cut and fill lines and maximum slope heights and gradients.
(b) The following information shall be submitted for each property or portion of a property within the hillside and ridgeline overlay district:
- (1) Location of significant geological features, including bluffs, ridgelines, cliffs, canyons, rock outcroppings, stream courses, and other significant natural features specified in the open space element of the general plan, including the exact location of any skyline and intermediate ridge identified on the hillside and ridgeline overlay map on file with the Escondido planning division;
- (2) Location of all existing mature and/or protected trees as defined in section 1052 of this article, and other significant biological features, or sensitive species or habitats, indicating retention, relocation, or removal;

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City of Escondido, CA § 33-1067.B

ZONING

§ 33-1067.D

(3) Location, dimension, cross sections, building materials and top/bottom elevations of any proposed retaining, crib and stem walls and fences.
(c) Upon initial review of the proposed project, visual analysis may be required to include panoramic photographs, cross sections, and/or any other material to demonstrate the visual impact of the development if any development or grading is proposed within 200 feet horizontal or fifty feet (50) vertical, whichever is more restrictive, of a skyline and/or intermediate ridge, and the proposed development can potentially conflict with the applicable design guidelines outlined in section 33-1067.F.
(d) For all single-family homes on existing lots, building and grading plans shall be submitted at the same time.
(e) Any additional or other specific information determined by the director to be relevant to the applicant's proposal.
(Ord. No. 2001-21, § 5, 8-22-01)

§ 33-1067.C. Findings for approval of projects in HRO District.

Prior to director approval of a project in the hillside and ridgeline overlay district, all of the following findings shall be made in addition to any other applicable findings:

(a) The bulk, scale, density, and overall character of the proposed development is compatible with the surrounding neighborhood and with the natural, cultural, scenic and open space resources of the area; and
(b) The location and design of the proposed development respects and preserves the natural landform, vegetation, and wildlife of the project site; and
(c) The location and design of the development does not substantially alter the natural appearance and land form of the hillsides and ridges; and
(d) The location and design of the proposed development will protect the safety of current and future residents, and will not create a significant threat to life and property due to slope instability, fire, flood, mud flow, erosion, or other hazards; and
(e) All grading associated with the project has been minimized to the extent possible, preserving the character of the property while utilizing appropriate erosion control practices as determined by the city engineer to avoid erosion, slides, or flooding, in order to have as minimal an effect on said environment as possible.
(Ord. No. 2001-21, § 5, 8-22-01)

§ 33-1067.D. Density transfer.

Within a project in the hillside and ridgeline overlay district, a density transfer may be granted in order to protect sensitive natural resources, avoid hazardous areas, or preserve the natural appearance of hillsides and ridgelines. In considering such density transfer, the following standards shall apply:

(a) Density transfer shall be permitted only within planned development zones or specific planning areas.
(b) Density transfer shall be permitted only when it preserves slopes, ridgelines, or sensitive

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1067.D

§ 33-1067.F

habitat or when it provides a community benefit. Cluster development shall avoid sensitive cultural or biological resources.

(Ord. No. 2001-21, § 5, 8-22-01)

§ 33-1067.E. Setbacks.

Setbacks shall be provided as required by the underlying zone. However, no usable side or back yard shall be required when the provision of such space requires a grading exemption. In such case, the required open space shall be substituted with usable open space provided on a deck and/or roof, and minimum three foot wide pedestrian access shall be provided to all sides of the structure.

(Ord. No. 2001-21, § 5, 8-22-01)

§ 33-1067.F. Design guidelines for HRO district.

(a) Natural slopes equal to or greater than 15% but below 25%. In addition to other applicable provisions of this article, all development including grading on natural slopes equal to or greater than 15% but below 25% shall be designed according to the following guidelines:
- (1) All development shall be sited to avoid potentially hazardous areas and environmentally sensitive areas as identified in the open space element of the general plan or as part of the environmental review, as well as to avoid dislocation of any unusual rock formations or any other unique or unusual geographic features (see Figure 6);
- (2) Natural drainage courses shall be preserved, enhanced, and incorporated as an integral part of the project design to the extent possible. Where required, drainage channels and brow ditches shall follow the existing drainage patterns to the extent possible. Drainage channels and brow ditches shall be placed in inconspicuous locations and receive a naturalizing treatment including native rock, colored concrete, and landscaping, so that the structure appears as an integral part of the environment;
- (3) Grading shall be limited to the extent possible and designed to retain the shape of the natural landform (see Figure 6). Padded building sites are allowed, but site design and architecture techniques (such as custom foundations, split level designs, stacking, and clustering) shall be used to mitigate the need for large padded building areas. Grading must be designed to preserve natural features such as knolls or ridgelines. In no case may the top of a prominent hilltop, knoll, or ridge be graded to create a large building pad;

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City of Escondido, CA § 33-1067.F

ZONING

§ 33-1067.F

Figure 6: SENSITIVE AREAS

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(4) The use of retaining walls, plantable walls, and terraced retaining structures is encouraged when such use can eliminate the need for extensive cut or fill slopes. Retaining walls shall typically have a height of five feet or less. Plantable walls shall be used instead of retaining walls above six feet in height. Terraced retaining structures shall be considered on an individual lot basis when their use can avoid the need for extensive manufactured slopes and retaining walls (see Figure 7);

Figure 7: USE OF RETAINING WALLS

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(5) Slopes steeper than two to one (2:1), appropriately designed by a geotechnical engineer, may be permitted subject to zoning administrator or director approval when such slopes preserve the significant environmental characteristics of the site or substantially reduce the need for extensive cut and fill slopes (see Figure 8);

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City of Escondido, CA § 33-1067.F

ESCONDIDO CODE

§ 33-1067.F

Figure 8: CUT SLOPES

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(6) All roads shall comply with the design standards for rural roads;
(7) Circulation shall be aligned to conform to the natural grades as much as possible within the limits of the city's street design standards (see Figure 9);

Figure 9: ROAD DESIGN

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(8) Grading for the construction of access roads or drainageways shall be minimized so that the visual impacts associated with such construction are mitigated to the greatest extent possible;
(9) Common drives in single-family developments shall be considered if grading is reduced by their use;
(10) The construction of access roadways or driveways shall be accompanied by sufficient berming and landscaping/erosion control so that visual impacts associated with such construction are promptly mitigated (see Figure 10);

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City of Escondido, CA § 33-1067.F

ZONING

§ 33-1067.F

Figure 10: SCREENING IMPACTS

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(11) Accessory buildings on sloping lots. If the city engineer determines that no hazard to pedestrian or vehicular traffic will be created, a garage or carport may be built to within five feet of the street right-of-way line, if:
- (A) The front half of the lot or building site slopes up or down from the established street grade at a slope of 20% or greater, and
- (B) To the extent the elevation of the front half of the lot or building site is more than four feet above established street grade, such garage or carport may not extend across more than 50% of the street frontage of the lot or building site.
(b) Slopes equal to or greater than 25% but below 35%. In addition to other applicable provisions of this article, all development including grading on natural slopes equal to or greater than 25% but below 35% shall be designed according to the following guidelines:
- (1) Grading shall be utilized only for the construction and installation of roads, utilities, garage pads, and other limited pad grading that is shown to be sensitive to the existing terrain.
- (2) Proposed structures shall utilize split pads, stepped footings, and grade separations in order to conform to the natural terrain (see Figure 11). Detaching parts of a dwelling such as a garage, utilizing below grade rooms, and using roofs on lower levels for the deck space of upper levels shall be considered. Other structural designs such as stilt or cantilevered foundations and earth-sheltered or earth-bermed buildings that fit the structure to the natural contours and minimize grading may be considered on a caseby-case basis. Deck construction with excessively high distances between the structure and grade shall be avoided.
- (3) The rear yard shall not exceed 20 feet measured parallel to the slope if the rear yard requires a grading exemption.
- (4) Accessory structures, swimming pools, tennis courts, and similar uses shall not be constructed if such construction requires a grading exemption.
(5) Single-level residential structures shall be oriented such that the greatest horizontal dimension of the structure is parallel with, and not perpendicular to, the natural contour of the land (see Figure 11).

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City of Escondido, CA § 33-1067.F

ESCONDIDO CODE

§ 33-1067.F

Figure 11: HOME & DESIGN LOCATION

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(6) Building height shall be as permitted by the underlying zoning as measured from the natural grade at any point of the structure (see Figure 12).
(7) The slope of the roof shall be oriented in the same direction as the natural slope, and in developments that include a number of individual buildings, variation shall be provided to avoid monotony (see Figure 12).

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City of Escondido, CA § 33-1067.F

ZONING

§ 33-1067.F

Figure 12: BUILDING HEIGHT/ROOF SLOPE

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(8) Architectural treatment should be provided on all sides of the structure visible from adjacent properties, roadways, or public rights-of-way. Building materials and color schemes should blend with the natural landscape of earth tones for main and accessory structures, fences, and walls. Reflective materials or finishes should not be used.
(c) Slopes of 35% and over. No development or grading should occur on slopesof 35% or greater, except as described in section 1067.A(b)(5).
(d) Intermediate ridges. Development in proximity to intermediate ridgelines should be avoided. However, in case that such development occurs, the following guidelines shall apply in addition to other applicable provisions of this article (see Figure 13):
- (1) Only single-story structures or portions of multiple single-story-stepped structures designed to conform to the site shall be permitted to project above the ridgeline;
- (2) The minimum width of the lot measured parallel to the protected ridge at the proposed building site is not less than 200 feet;
- (3) Grading should conform to the natural terrain to the extent possible. Extensive manufactured slopes and retaining walls should be avoided. In no case should the top of a ridge be graded to provide a large building pad;
- (4) Any building or structure in proximity to an intermediate ridge should be located and designed to minimize its impact upon the ridgeline. Techniques such as use of subordinate or hidden location, split foundations adjusted to the slope, single-story

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City of Escondido, CA § 33-1067.F

ESCONDIDO CODE

§ 33-1067.F

structures, roofline following the slope, and colors and materials that blend with the natural environment should be used;

(5) Landscaping should be utilized to recreate the linear silhouette and to act as a backdrop for structures. Trees that grow to at least one and one-half (1½) times the height of the structure should be planted between buildings to eliminate the open gap and blend the rooflines into one continuous silhouette.

Figure 13: SITE DISTANCE/LOT WIDTHS

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(e) Skyline ridges. Development in proximity to skyline ridges shall conform to the following standards (see Figure 14):
- (1) The ridgelines' natural contour and vegetation shall remain intact with development maintaining an undisturbed minimum setback of 200 feet measured horizontally from the center of the ridgeline on a topographic map, or 50 feet measured vertically on a cross-section, whichever is more restrictive. Lesser setbacks may be authorized if it can be demonstrated that no structure or portion of a structure will obstruct the view of the ridge as seen from major points defined during the application process. Points of view to be used for the visual analysis shall generally be taken along major roads including Interstate 15, Del Dios Highway, Centre City Parkway, Bear Valley Parkway, North Broadway, El Norte Parkway, and Valley Parkway; and major public open space areas including Lake Hodges, Lake Wohlford, Lake Dixon, and Kit Carson Park, as applicable to the proposed project. The exact points of view will be from the most critical points as determined by the combination of points from which the proposed development is most visible and points at which the highest public use occurs (e.g., playfields, picnic areas). The distance of the viewpoints from the ridgeline shall generally be no more than five miles and no less than 1/2 of a mile. The sensitive viewshed areas and the exact points of view for each proposed project will be identified prior to the project submittal to the satisfaction of the director. The decision of the director will be appealable to the planning commission.
- (2) The area along a skyline ridge shall be dedicated to the city as a scenic easement not intended for public access in conjunction with any development that may occur on the property. The owner shall be responsible to retain, maintain, preserve, and protect the public views of these areas in their natural state without obstruction by structures. A scenic easement shall not prohibit clearing of brush or planting of vegetation that is necessary to reduce fire hazards.
- (3) Development of one single-family home on a lot legally created prior to adoption of

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City of Escondido, CA § 33-1067.F

ZONING

§ 33-1068.B

the ordinance codified in this article will be exempt from the requirements of subsections (e)(1) and (e)(2) of this section. Such development will be subject to the requirements of section 33-1067.F(d).

Figure 14: SCENIC RIDGELINES

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(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2021-10, § 6, 10-27-21)

§ 33-1068.A. Clearing of land and vegetation protection.

(a) Purpose. The purpose of the following sections is to safeguard life, limb, property, and the public welfare by regulating grading, clearing, and removal of mature trees on private property. Further, it is the purpose of this chapter to reflect and achieve the goals and policies of the Escondido general plan which recognizes oak trees and other mature trees as significantly aesthetic and ecological resources, and to protect sensitive biological species and habitats, and historically significant trees which are located within the boundaries of the City.
(b) Scope. The following sections set forth regulations to control habitat destruction, the clearing of land, and the removal of mature and protected trees; to establish standards for the preservation, protection, and selected removal of sensitive habitat and mature and protected trees; to set forth the administrative procedure for issuance of permits; and to provide standards for the replacement of vegetation approved for removal. Additional landscape requirements are specified in Article 62 of this chapter.
(Ord. No. 2001-21, § 5, 8-22-01)

§ 33-1068.B. Restrictions on removal of vegetation.

(a) Permits required for removal of vegetation.
- (1) Requests to remove and replace trees located within the public right-of-way shall be submitted to the city engineer pursuant to Article 62 of this chapter.
- (2) A vegetation removal permit shall be obtained prior to any encroachment by new construction or improvements into the dripline of protected and required trees.
- (3) On developed and undeveloped lots of less than two acres, a vegetation removal permit shall be obtained prior to clearing, pruning, or destroying sensitive biological species, sensitive biological habitat, protected trees and/or required landscaping.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1068.C

§ 33-1068.B

(4) On developed and undeveloped lots two acres or larger, a vegetation removal permit shall be obtained prior to clearing, pruning, or destroying vegetation, and prior to any encroachments by new construction or improvements that disturb the root system within the dripline of mature trees.
(b) Exceptions to required permits.
- (1) A vegetation removal permit is not required when the clearing of vegetation is proposed as part of a development project requiring another administrative or discretionary application approval.
- (2) Brush management and clearing, under the order of the city fire marshal, that does not destroy or remove or affect sensitive biological species or sensitive biological habitats, or as allowed pursuant to agreements with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. This exception shall apply only to the minimum amount of clearance necessary as determined by the director.
- (3) Clearing authorized by a valid grading permit issued by the city engineer.
(4) Trees that pose a safety, health hazard, or public nuisance as determined by a peace officer, fireman, civil defense official, code enforcement officer, or designated public works representative.
- (5) Plant material planted, grown and/or held for sale as part of a licensed nursery business or agriculture production in which vegetation, except protected trees and sensitive biological habitats, must be removed in order to conduct normal farming practices.
- (6) Removal of trees for improvement projects constructed by the City as a part of the city capital improvement program shall be reviewed by the director on a case-by-case basis to determine if they are subject to the provisions of this ordinance.
- (7) Routine maintenance as defined in section 33-1052 in conjunction with an existing development, agricultural production, or park and street tree maintenance as well as removal, replacement, trimming, mowing, and weeding of ornamental landscaping.
- (8) Removal of vegetation and mature trees in existing residential development common areas under the control of a homeowner's association to the extent that sensitive biological habitats and sensitive biological species, protected trees, and required landscaping are not affected.
(9) The necessary clearing and pruning of vegetation, excluding sensitive biological species and habitats, when done by a public utility company subject to the jurisdiction of the Public Utilities Commission, for the purpose of protecting or maintaining existing overhead public utility lines or other public utility facility.
(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2023-15, 10/25/2023)

§ 33-1068.C. Vegetation removal permits.

(a) Submittal requirements. Each application for a vegetation removal permit shall be accompanied by the following information:
- (1) A site plan showing the location and type of existing plants, trees, and sensitive

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City of Escondido, CA § 33-1068.C

ZONING

§ 33-1068.C

biological habitat areas, locations for all existing and proposed buildings or improvements on the property, and the specific area to be cleared;

(2) A tree survey (including the location, dripline, and trunk DBH) of any mature or protected tree(s), whether the tree(s) is intended to be removed or preserved, a relocation site for any mature tree(s) proposed to be relocated, and proposed method of removal. The director may cause to be prepared, at the applicant's expense, a tree replacement and/or protection plan as well as a report by a professional which estimates the health of and the significance of the impacts to the tree(s) to be preserved, removed or relocated, and includes specifications for transplanting and maintenance of the affected tree(s). The report shall also include feasible mitigation measures to reduce potential impacts to the tree(s). The professional may also be required to supervise the relocation of any tree(s);
(3) Photographs of the site and surrounding properties which clearly indicate the existing conditions and existing vegetation;
(4) A biological report, as necessary, or other documentation acceptable to the director, which indicates the quantity and quality of the existing sensitive biological habitat and species, and other vegetation deemed potentially suitable habitat for the California Gnatcatcher or other sensitive biological species. The report shall document all potential impacts on preservation alternatives as well as on the suitability of remaining undisturbed areas to sustain sensitive biological species or habitat on-site and on adjacent properties. A revegetation plan showing mitigation of destroyed habitat shall also be included as necessary;
- (5) Statement by the applicant justifying the clearing and/or trimming of vegetation;
- (6) An erosion control plan as necessary approved by the city engineer for all areas proposed for clearance.
(b) Evaluation criteria. All requests to remove vegetation shall be submitted to the director prior to removal of vegetation as determined by section 33-1068.B. In the evaluation of each request, the director shall consider the following criteria:
- (1) Whether removal of the vegetation is necessary to construct improvements, or may be avoided through relocation or redesign as determined by the director;
- (2) Whether the proposed clearing would result in fragmentation or isolation of sensitive biological species or habitat; or would substantially limit preservation alternatives for the site; or reduce the quality of remaining sensitive biological species or habitat on the site or on adjacent properties below self-sustaining levels;
- (3) Whether proposed replacement vegetation ensures no net loss of habitat and quality of the habitat, or no reduction in the quality of required landscaping, as determined by the director or applicable state or federal agency;
- (4) Whether the development of the property will require discretionary approvals by the city, or there is an approved development plan for the property;
- (5) In the case where the vegetation removal permit involves mature trees and/or protected trees, the director shall consider, in addition to the criteria above, the following:

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City of Escondido, CA

§ 33-1068.C

ESCONDIDO CODE

§ 33-1069

  - (A) Whether retaining the mature and/or protected tree(s) in their existing location negatively affects any permanent structures or public utilities, 

  - (B) The contribution the tree(s) proposed for removal make to the visual character of the neighborhood and/or to the value of historic sites, in conjunction with good forestry practices regarding the number of healthy mature trees which a given area or parcel of land can support, 

  - (C) The potential effect that tree or vegetation removal could have on significantly reducing available wildlife habitat or displacing desirable species.

(c) Required findings. In order to approve a request to clear vegetation, the following findings must be made:
- (1) The proposed vegetation removal is in compliance with all applicable state and federal requirements;
(2) Environmental review for the proposed clearing of vegetation has been completed in conformance with the California Environmental Quality Act (CEQA);
- (3) The proposed clearing of vegetation is not premature with respect to future discretionary approvals and preservation options;
- (4) The proposed clearing is not under a current stop work order issued for violations of this ordinance; or appropriate corrective measures have been incorporated into the permit application to correct the noticed violation of the stop work order issued by the city;
- (5) The public safety will not be compromised by the requested vegetation removal due to plant pests or diseases, soil erosion, or increase in the flow of surface water;
- (6) The proposed project is reasonably designed considering site characteristics and plant species involved such that all feasible methods to avoid removing vegetation, or to protect or transplant mature trees, have been incorporated, and adequate replacement of the vegetation is conditioned to be provided at a location approved by the director.

(d) Approval.

(1) If a permit is approved, the director may attach conditions of approval as deemed necessary.
(2) An issued permit shall be valid for a period of six months from the date of issuance. Extensions of time may be granted by the director for periods not to exceed six months each upon submittal of a written request, prior to the original expiration date, which includes the reason why the extension of time is needed.
(e) Denial. If a permit is denied, the director shall provide written notification, including reason(s) for denial, to the applicant.
(f) Appeals. The director's decision to approve, conditionally approve, or deny a vegetation removal permit may be appealed to the planning commission in accordance with the provisions of section 33-1303 et seq., of the Escondido Zoning Code.
(Ord. No. 2001-21, § 5, 8-22-01)

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City of Escondido, CA § 33-1069

ZONING

§ 33-1069