§ 33-1534. Development standards. — Escondido Zoning Code

All short-term activities, events, and outdoor displays of retail merchandise and temporary outdoor sales shall be subject to the following development standards:

(a) Outdoor displays on private property.
- (1) The outdoor display area shall not extend beyond the actual frontage of the associated commercial use. Displays shall be identical and accessory to items sold indoors. Displays shall be temporary and removed at the end of each business day. A display/ use may, on a case-by-case basis, be displayed permanently outdoors, as determined by the director. The director may refer a request for a permanent display to the planning commission for review and comment.
- (2) Parking lot circulation and all required parking spaces shall remain unobstructed at all times. Private sidewalks, courtyards, or entry areas may be utilized for display provided a minimum four foot wide pedestrian area remains clear and unobstructed and all fire, building and handicapped access requirements are met. See subsection (b) of this section for clearance requirements for displays within the right-of-way.
- (3) All displays shall be located in such a manner so that vehicular sight distance is not impeded to the satisfaction of the engineering department.
- (4) Display and sale of merchandise is permitted only by the tenant of an existing commercial development on the same site. Outdoor displays are not permitted on vacant property.
- (5) No sales or display of merchandise from cars, trucks, or any other vehicle is permitted. Vending from pushcarts may be permitted subject to compliance with all development standards in this section. Specialized food sales from pushcarts either on private property or within the public right-of-way shall be subject to applicable code requirements.

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City of Escondido, CA § 33-1534

ZONING

§ 33-1534

(6) All signage associated with an outdoor display shall be as approved pursuant to an outdoor display permit and shall be limited to a maximum of four square feet per commercial tenant.
(7) All displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area, or be situated in such a manner as to be detrimental to any existing landscaping on the site.
(8) All food sales shall be correlated with food that is customarily sold on the same premises and be conducted in compliance with health department regulations.
(9) All exterior lighting utilized in conjunction with outdoor displays, or temporary events approved with a temporary use permit, shall conform to the requirements of Article 35, Outdoor Lighting.

(10) No electricity shall be utilized, nor any noise generated by an outdoor display.

(b) Outdoor displays within the public right-of-way.

(1) Display of merchandise within the public right-of-way is permissible only within the downtown retail core district subject to approval of an encroachment permit (an approved copy must be submitted concurrently with the application for an outdoor display permit), proof of insurance, and compliance with all development standards in this section.

- (A) Proof of insurance can be satisfied by documentation of an insurance policy issued by an insurance company licensed to do business in the State of California, protecting the licensee and the city from all claims for damages to properly and bodily injury, including death, which may arise from operations in connection with the display activity. Such insurance shall name as additionally insured the city for an amount of $300,000 or more and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the city. 

- (B) The merchandise display shall be permitted only within the four feet of public right-of-way nearest the property line, and parallel to the curb in front of the business to which it pertains. The merchandise display shall be limited to 50% of the lineal length of the associated commercial frontage or 60 square feet whichever is less. 

- (C) In front of the displayed merchandise there shall be at all times a minimum four foot wide sidewalk area clear of any obstructions and in conformance with all fire, building and handicapped access requirements. 

- (D) The merchandise is not permitted within any landscaped area of the right-ofway. 

- (E) All merchandise shall be located in such a way that it does not block the sight distance of the streets to the satisfaction of the engineering department. Any merchandise found obstructing the sight distance will be subject to removal by the city and the encroachment permit canceled. 

- (F) All merchandise items and displays should have no sharp edges or corners.

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1534

  - (G) The city also reserves the right to remove merchandise which causes any interference with vehicular traffic or pedestrian traffic, or in the event of any emergency situation or if the merchandise interferes with any work that is to be performed upon the street by or on the behalf of the city or a public utility. 

  - (H) All merchandise and display racks shall be removed from the public right-ofway at the end of business hours.

(2) No sales or display of merchandise from cars, trucks, or any other vehicle is permitted. Vending from pushcarts may be permitted subject to compliance with all development standards in this section. Specialized food sales from pushcarts either on private property or within the public right-of-way shall be subject to applicable code requirements.
(3) All signage associated with an outdoor display within the public right-of-way shall be as approved pursuant to an outdoor display permit and shall be limited to a maximum of two square feet per commercial tenant.
(4) All displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area, or be situated in such a manner as to be detrimental to any existing landscaping on the site.
- (5) All food sales shall be conducted in compliance with health department regulations.
- (6) All exterior lighting utilized in conjunction with outdoor displays shall conform to the requirements of Article 35, Outdoor Lighting.
- (7) No electricity shall be utilized, nor any noise generated by an outdoor display.
(c) General development standards for other temporary uses and outdoor sales.
- (1) Short short-term activities and sales events at any one location or commercial center shall not exceed three calendar days during any three month period and are subject to the issuance of a temporary use permit.
- (2) Some short-term activities of the type as described herein will be allowed to recur on a property for longer than that provided in subsection (c)(1):
  - (A) Amusement, entertainment, or recreation activities and events for up to 10 calendar days within a six month period.
  - (B) Community gardens, for the duration as stated on the agricultural operations permit.
  - (C) Donation bins in commercial zoning districts, excluding specific plan areas, for the duration as stated on the administrative permit.
  - (D) Off-site staging areas, for the duration as stated on the off-site staging area agreement/permit.
  - (E) Real estate model homes and/or sales offices, for the duration as stated on the model home permit.
  - (F) Roadside sales of agricultural products in residential zoning districts for up to

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City of Escondido, CA § 33-1534

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forty-five (45) days within a three month period in the residential zoning districts, pursuant to section 33-1534(e).

  - (i) Exception in R-A and R-E Zones. Pursuant to Article 6 of the Zoning Code, roadside sales are a permitted as an accessory use in the R-A and R-E Zones. As such, sales may be continued beyond the 45 day limitation on the parcel of land on which such produce is grown in the R-A and R-E Zones. Such authorization shall be made by approval of an agricultural operations permit and design review permit provided that the principal use of said parcel is agricultural or plotted for community gardening and the use is consistent with the terms and limitations of Section 33-1534(e).

(G) Special temporary seasonal sales for up to 45 days within a three month period.
(H) Temporary health care structures for up to 60 days within a 12 month period only by the tenant of an existing commercial development on the same site.
(I) Temporary modular school classrooms for 60 days within a 12 month period as a temporary use. A time extension may be provided through the approval of a Plot Plan or Conditional Use Permit (based on the use allowance of the underlying zoning district).
(J) Temporary structures and tents for social or religious groups for services for up to 10 days within a six month period.
(3) Location of each event shall be restricted to private property only and shall not adversely impact parking lot circulation. Events shall not be permitted within parking areas containing less than 20 spaces. A maximum of 20% of the required parking spaces for the sponsoring business, or 5% of the spaces within a commercial center containing multiple tenants may be utilized for the display and sale of merchandise. No encroachment into the public right-of-way shall be permitted.
(4) Any structure used in conjunction with a sales event shall be subject to all building, engineering, and fire department requirements.
(5) All merchandise and/or temporary structures shall be set back a minimum of five feet from any public right-of-way or driveway.
(6) All exterior lighting utilized in conjunction with a temporary sales event shall conform to the requirements of Article 35, Outdoor Lighting.
(7) All food sales shall be conducted in compliance with health department regulations.
- (A) Through the approval and issuance of a temporary use permit, some amusement, entertainment, or recreation attractions or events; and/or special temporary seasonal sales events may accommodate a food truck or mobile food facility as defined by Article 7 of Chapter 16 of the Municipal Code. If the mobile food facility is authorized by this section, the mobile food facility must be parked in a legal parking space, or other area subject to approval of the director, and must not occupy the premises past 10:00 p.m. Not more than one mobile food facility and one operator is permitted to park on the premises, for the duration of time authorized by this section and for the period of time provided by the permit. Any mobile food facility or mobile food facility operation or activity not exercised

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City of Escondido, CA

ESCONDIDO CODE

§ 33-1534

within the days and duration specified on an approved temporary use permit shall automatically forfeit the time, day, and duration not utilized and/or become void.

(8) All businesses participating in a temporary outdoor sales event must have a valid City of Escondido business license to conduct business at the site of the event. Each participating business or entity shall be listed on the permit application prior to approval of the permit.
(9) All noise/sound generated by a temporary outdoor sales event shall conform to the noise level limits established in the noise ordinance (Ord. No. 90-08) for commercial zones. If an event is located adjacent to a residential zone, all noise generated shall conform to the noise level limits of the affected residential zone.
(10) Signs for temporary outdoor sales are permitted provided adequate detail is shown on the temporary use permit application to determine that the following standards are met:
- (A) Signs shall be limited to flags, pennants and streamers, banners, or other similar devices.
- (B) Large inflatable displays must be ground-mounted and may not exceed 30 feet in height.

- (D) No event signage (of any type) may be displayed on or attached to any public property including telephone or utility poles, traffic control signs or devices, street lights or other structures located on public property without the express written consent of the City of Escondido.

(E) No signage of any type shall interfere with or restrict vehicular or pedestrian access or visibility.
(d) Outdoor retail vending machines. Outdoor retail vending machines are allowed in all commercial zones subject to the following standards:
- (1) Retail vending machines shall not sell, store, or dispense anything other than the commercial products, merchandise, food or beverages permitted by the underlying zone or authorized by the Escondido Municipal Code.
- (2) Retail vending activities may be established only in conjunction with an otherwise allowed and authorized principal land use activity and may not exceed a maximum of two machines per site or occupy not more than 20 feet of the wall facing the street or access drive.
- (3) Retail vending machines shall be located along the face of a building or flush against a structure designed to accommodate them and be located on the site in a manner which will ensure compatibility with surrounding uses. The machine(s) shall not be within 10 feet of an entranceway to any business open to the public nor block any store window.

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City of Escondido, CA § 33-1534

ZONING