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Division 9 — Zoning Administrator›Article 70 — ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

§ 33-1473 main building or attached garages, storage areas, or similar use.

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

  • (B) A junior accessory dwelling unit may be permitted on a lot where an accessory dwelling unit exists or is proposed.

    • (3) Number of accessory dwelling units on legal lots with existing multifamily dwelling units.

      • (A) Shall be permitted to construct at least one accessory dwelling unit within portions of existing multifamily dwelling structures that are existing nonhabitable space, and shall allow up to 25% of the units in each existing multifamily dwelling structure, in accordance with Government Code section 65852.2(e). Existing detached accessory structures cannot be attached to a multifamily dwelling structure for the purposes of creating an accessory dwelling unit; and

      • (B) Not more than two accessory dwelling units are permitted that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling.

      • (C) For purposes of this article, "multifamily dwelling structure" or "multifamily dwelling" is defined as a structure with two or more attached dwellings on a single lot.

  • (b) Owner-occupied.

    • (1) The owner-occupancy requirement shall not be applied to any accessory dwelling unit.

    • (2) A junior accessory dwelling unit may be used as habitable space, only so long as either the remaining portion of the main dwelling unit, or the newly created junior accessory dwelling unit is occupied by the owner of record of the property, unless otherwise exempted by this section.

      • (A) Owner-occupancy for a junior accessory dwelling unit shall not be required if the owner is an agency, land trust, or housing organization.

    • (3) Deed restriction. The city shall require the recordation of a deed restriction if owneroccupancy is required pursuant to this section.

      • (A) Prior to issuance of a building permit, the property owner shall execute a deed restriction setting forth the owner-occupancy requirements, in a form and substance satisfactory to the director of community development and city attorney's office, which shall be recorded in the office of the county recorder. The covenant shall also include the following terms and limitations:

        • (i) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, and shall not be subdivided in any manner that would authorize such sale or ownership;

        • (ii) A statement that the deed restriction may be enforced against future purchasers and the restrictions shall be bindings upon any successor in ownership of the property;

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City of Escondido, CA § 33-1473

ZONING

§ 33-1473 

     - (iii) The junior accessory dwelling unit shall be a legal unit, and may be used as habitable space, only so long as the owner of record of the property occupies the premises; 

     - (iv) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section, and if applicable the occupancy limitations of the California Health and Safety Code section 17958.1.

  • (c) All local building and fire code requirements apply, as appropriate, to accessory dwelling units and junior accessory dwelling units.

    • (1) A certificate of occupancy shall not be issued for the accessory dwelling unit and/or junior accessory dwelling unit until the building official issues a certificate of occupancy for the main building.

    • (2) Prior to approval on properties with a private sewage system, approval by the county of San Diego department of environmental health, or any successor agency, may be required.

  • (d) The accessory dwelling unit and/or junior accessory dwelling unit is not intended for sale, except in conjunction with the sale of the primary residence and property.

  • (e) The accessory dwelling unit and junior accessory dwelling unit may be rented separate from the primary residence, but only with a rental agreement and with terms greater than 30 days.

  • (f) The accessory dwelling unit and/or junior accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the premises.

    • (1) The accessory dwelling unit and/or junior unit shall be deemed to be a legal unit and permit such accessory use of property, which use is specifically identified by the accessory use regulations for the underlying zone and per Government Code sections 65852.2 and 65852.22; and shall allow such other accessory uses which are necessarily and customarily associated with such principal residential use of the premises, except as otherwise provided by this subsection.

    • (2) An accessory dwelling unit and/or junior accessory dwelling unit shall be deemed an independent dwelling unit for the sole purpose of establishing a home occupation permit within the accessory dwelling unit and junior accessory dwelling unit, subject to the terms and limitations of Article 44. The limitations for home occupations shall be shared with the principal use and/or main building.

      • (B) No more than the quantities of animals specifically listed in Table 33-95(a) of Article 6 or section 33-1116 of Article 57 is permitted on the premises. The limitations for animal keeping and household pets shall be shared with the principal use and/or main building.

      • (C) For all other accessory use of property, the accessory dwelling units and/or junior accessory dwelling unit shall be controlled in the same manner as the principal use within each zone, and shall not expand or be conveyed separately from the primary use. When provided by these regulations, it shall be the responsibility of the director of community development to determine if a

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1473

§ 33-1474

proposed accessory use is necessarily and customarily associated with, and is appropriate, incidental, and subordinate to the principal use, accessory dwelling unit, and/or junior accessory dwelling unit, based on the director's evaluation of the resemblance of the proposed accessory use and the relationship between the proposed accessory use and the principal use.

(Ord. No. 2020-07, § 6, 5-6-20; Ord. No. 2020-31R, § 6, 1-13-21; Ord. No. 2021-10, § 6, 10-27-21; Ord. No. 2023-06, § 3, 3-8-23)

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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
  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
    Overview
    1. § 33-1318. Office established—Authority.
    2. § 33-1319. Powers and duties and procedure.
    3. Article 62 — WATER EFFICIENT LANDSCAPE REGULATIONS
    4. Article 63 — TRANSIENT LODGING FACILITIES
    5. Article 64 — DESIGN REVIEW
    6. Article 65 — OLD ESCONDIDO NEIGHBORHOOD
    7. Article 66 — SIGN ORDINANCE
    8. Article 67 — DENSITY BONUS AND RESIDENTIAL INCENTIVES
    9. Article 68 — GROWTH MANAGEMENT ORDINANCE
    10. Article 69 — ESCONDIDO BUSINESS ENHANCEMENT ZONE
    11. ▸ Article 70 — ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWE…
      Overview
      1. § 33-1470. Purpose and intent.
      2. § 33-1471. Permitted zones.
      3. § 33-1472. Permit required.
      4. § 33-1473. Occupancy limitations.
      5. § 33-1473 main building or attached garages, storage areas, or…
      6. § 33-1474. Development standards.
      7. § 33-1474 size of the lot as provided in Table 33-1474.
      8. § 33-1475. Other regulations.
      9. § 33-1476. Existing nonpermitted accessory units.
      10. § 33-1477. Application and procedure.
      11. § 33-1478. Findings for approval and denial.
      12. § 33-1479. Appeal.
      13. § 33-1480. Fees.
    12. Article 71 — (RESERVED)
    13. Article 72 — (RESERVED)
    14. Article 73 — TEMPORARY USES, OUTDOOR DISPLAY AND SALE OF RETAI…
    15. Article 74 — DOWNTOWN REVITALIZATION AREA SPECIFIC PLAN
    16. Article 75 — SAN DIEGUITO RIVER VALLEY FOCUS PLANNING AREA
    17. Article 77 — CENTRE CITY RESIDENTIAL (CCR) OVERLAY ZONE
    18. Article 78 — MERCADO AREA PLAN OVERLAY
    19. Article 79 — EAST VALLEY PARKWAY OVERLAY ZONE
    20. Article 80 — PUBLIC FACILITIES OVERLAY ZONE

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