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Division 1 — GenerallyChapter 33Article 57 — MISCELLANEOUS USE RESTRICTIONS

§ 33-1109. Swimming pools.

Escondido Zoning Code · 2026-05 edition · updated 2026-07-25 · Escondido

  • (a) Definition. As used in this section, a swimming pool is any confined body of water, located either above or below the finished grade of the site, which exceeds 100 square feet in surface area and two feet in depth, and which is designed, used or intended to be used for swimming or bathing purposes. The provisions of this section do not apply to indoor pools.

  • (b) Front, side and rear yards.

    • (1) All swimming pools constructed after the effective date of the ordinance codified in this article shall be subject to the front yard and side yard setback requirements as set forth in the applicable zoning regulation, but in no case shall a swimming pool be located closer than five feet from any property line.

    • (2) Tanks, heating, filtering and pumping equipment shall be subject to the front yard and side yard setback requirements of the applicable zone, except that such accessories may be located within such required yards if installed entirely below the finished grade of the site and covered with a permanent protective cover. In the rear yard, tanks, filtering and pumping equipment must provide at least a five foot separation to the rear lot lines.

    • (3) No single pool or combination of pools or spas shall cover more than 50% of the required lot area, pursuant to section 33-1079.

  • (c) Fence requirements and protection measures against drowning.

    • (1) Every swimming pool shall be enclosed by a natural barrier, wall, fence and/or other structure having a minimum height of five feet and constructed or situated so as to prevent unauthorized entrance thereto. Such fence, structure or wall shall not occupy a front yard required by applicable zoning regulations but may occupy a side or rear yard so required;

      • (A) The enclosing wall or fence shall comply as an enclosure as defined in the Swimming Pool Safety Act (Health and Safety Code section 115923) and the International Swimming Pool and Spa Code;

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1109

§ 33-1111

  - (B) The fence, gate and all other protective devices shall meet all fire exit requirements and other applicable provisions of law; and 

  - (C) Public pools and pools associated with multifamily facilities are subject to pool enclosure and safety feature provisions regulated by the Department of Environmental Health. 
  • (2) Swimming pools require the following measures against drowning or injury:

    • (A) At least two nonredundant additional safety features listed in Health and Safety Code section 115922, accepted by the city building official; and

    • (B) Other safety feature provisions deemed necessary by the city building official for entrapment avoidance.

  • (d) Variances and exemptions. The building inspector may waive the fencing requirements of this section upon an adequate showing that an alternative safeguard against unauthorized entry to the swimming pool exists or will be provided, and that the physical conditions of the site make the erection of a fence or wall impractical.

(Zoning Code, Ch. 108, §§ 1085.16.1—1085.16.32; Ord. No. 2018-07R, § 7, 4-18-18; Ord. No. 2020-31R, § 6, 1-13-21)

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Contents — Escondido Zoning Code
Escondido Zoning Code
  1. Chapter 6
  2. Division 2 — Routing
  3. Division 2 — Weed and Rubbish Abatement Program
  4. Division 1 — Generally
    Overview
    1. § 11-53. Created and established.
    2. § 11-54. Purpose.
    3. § 11-55. Membership.
    4. § 11-56. Members in classified service and subject to civil se…
    5. § 11-57. Personnel to obey fire chief and rules and regulation…
    6. § 11-63. Appointment; tenure.
    7. § 11-64. Qualifications.
    8. § 11-65. Status of employment.
    9. § 11-66. General authority.
    10. § 11-67. To perform duties prescribed by city manager.
    11. § 11-68. To aid enforcement of ordinances, report violations.
    12. § 11-69. Duty to promulgate and enforce rules, regulations for…
    13. § 11-70. Authority, duty to inspect buildings, premises and or…
    14. § 11-71. Right of entry to make inspections.
    15. § 11-72. Duty to investigate fires, maintain records.
    16. § 11-73. Duty to preserve order at fires.
    17. § 11-74. Provide instruction for department in first aid, etc.
    18. § 11-75. Duty to call fire drills; purpose of drills.
    19. § 11-76. Responsible for conduct of and property of department.
    20. § 11-77. Duty to recommend disciplinary action.
    21. § 11-78. Duty to make reports; contents.
    22. § 11-79. To submit annual budget.
    23. Chapter 20
    24. Chapter 32
    25. Chapter 33
      Overview
      1. § 33-1313. Penalty provisions.
      2. Article 1 — GENERAL PROVISIONS AND DEFINITIONS
      3. Article 2 — OPEN SPACE AND HAZARDOUS LANDS GENERALLY
      4. Article 3 — OPEN SPACE (OS) ZONE
      5. Article 4 — FLOOD PLAIN (FP) OVERLAY ZONE
      6. Article 5 — OPEN SPACE DEVELOPMENT STANDARDS
      7. Article 6 — RESIDENTIAL ZONES
      8. Article 9 — ANIMAL OVERLAY (AO) ZONE
      9. Article 11 — (RESERVED)
      10. Article 13 — (RESERVED)
      11. Article 16 — COMMERCIAL ZONES
      12. Article 18 — SPECIFIC PLAN (S-P) ZONE
      13. Article 19 — PLANNED DEVELOPMENT (P-D) ZONE
      14. Article 24 — (RESERVED)
      15. Article 25 — PARKING OF RECREATIONAL VEHICLES IN RESIDENTIAL Z…
      16. Article 26 — INDUSTRIAL ZONES
      17. Article 27 — EMERGENCY SHELTER OVERLAY
      18. Article 30 — HAZARDOUS CHEMICAL OVERLAY (H-C-O) ZONE
      19. Article 31 — SEWAGE TREATMENT PLANT (S-T-P) OVERLAY ZONE
      20. Article 32 — BED AND BREAKFAST FACILITIES
      21. Article 33 — RECYCLING FACILITIES
      22. Article 34 — COMMUNICATION ANTENNAS
      23. Article 35 — OUTDOOR LIGHTING
      24. Article 36 — CARGO CONTAINER RESTRICTIONS
      25. Article 37 — PUBLIC ART
      26. Article 38 — MASSAGE ESTABLISHMENTS
      27. Article 39 — OFF-STREET PARKING
      28. Article 40 — HISTORICAL RESOURCES
      29. Article 41 — SENIOR HOUSING
      30. Article 42 — ADULT BUSINESSES
      31. Article 43 — ABANDONED SERVICE STATIONS
      32. Article 44 — HOME OCCUPATIONS
      33. Article 45 — MOBILEHOME PARKS
      34. Article 46 — TRAVEL TRAILER PARKS
      35. Article 47 — ENVIRONMENTAL QUALITY
      36. Article 48 — RELOCATION OF BUILDINGS
      37. Article 49 — AIR SPACE CONDOMINIUM AND COMMUNITY APARTMENT PRO…
      38. Article 52 — FREEWAY SIGN CONTROL
      39. Article 55 — GRADING AND EROSION CONTROL
      40. Article 56 — MISCELLANEOUS DEVELOPMENT STANDARDS
      41. Article 57 — MISCELLANEOUS USE RESTRICTIONS
        Overview
        1. § 33-1100. Purpose.
        2. § 33-1103 proceedings, nuisance proceedings, or criminal proce…
        3. § 33-1101. Airports, heliports and landing strips.
        4. § 33-1102. Cemeteries, crematories, mausoleums and columbariums.
        5. § 33-1103. Nursery, primary and secondary education.
        6. § 33-1106 both upon entering and leaving the site;
        7. § 33-1104. Family day care homes.
        8. § 33-1105. Youth organizations.
        9. § 33-1106. Churches.
        10. § 33-1107. Wineries.
        11. § 33-1108. Covenants, conditions and restrictions—Planned unit…
        12. § 33-1109. Swimming pools.
        13. § 33-1110. Subdivision sales office.
        14. § 33-1111. Outdoor dining provisions.
        15. § 33-1111 Outdoor heaters, amplified music or speakers shall b…
        16. § 33-1112. Accessory buildings on sloping lots.
        17. § 33-1113. Automobile service stations.
        18. § 33-1114. Vehicle sales, vehicle repair services, fleet stora…
        19. § 33-1115. Concurrent sale of motor vehicle fuel and alcoholic…
        20. § 33-1116. Household pets in the residential zones.
        21. § 33-1117 ==> picture [400 x 215] intentionally omitted <==
        22. § 33-1117. Commercial and medical cannabis uses.
        23. § 33-1118. Bus stop shelters.
        24. § 33-1119. Arts and crafts shows.
        25. § 33-1119 - (3) Parking and access.
        26. § 33-1120. Field inspection fee.
        27. § 33-1121. Mini-warehouse storage facilities requirements.
        28. § 33-1122. Electric generating facilities.
        29. § 33-1122 - (B) Facilities shall involve combined cycle techno…
        30. § 33-1122 hours of 7:00 a.m. and 5:00 p.m.
        31. § 33-1122 the application for the proposed facility as substan…
        32. § 33-1123. Cottage food operations.
        33. § 33-1124. Electric vehicle charging stations.
        34. § 33-1125. Land uses and activities that require special study…
        35. § 33-1126 - (3) Any proposed mitigation measures that would re…
        36. § 33-1126. Car-wash, polishing, vacuuming, or detailing.
        37. § 33-1127. Used merchandise.
      42. Article 58 — DEVELOPMENT AGREEMENTS
  5. Division 1
  6. Division 2 — Variances and Administrative Adjustments
  7. Division 3 — Nonconforming Uses and Structures
  8. Division 4 — Amendments and Zone Changes
  9. Division 5 — Reasonable Accommodation
  10. Division 6 — Public Hearings, Notices, Fees and Appeals
  11. Division 7 — Enforcement and Penalties
  12. Division 8 — Plot Plans
  13. Division 9 — Zoning Administrator

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