Page 1 of 9 Escondido Municipal Code Up Previous Next Main Collapse Search Print No Frames Chapter 33 ZONING ARTICLE 8. RESIDENTIAL ESTATES (R-E) ZONE Sec. 33-120. Purpose. The purpose of the residential estates (R-E) zone is to provide an area to be developed exclusively for single-family dwellings in a rural setting. Provisions are made for the maintenance of limited agricultural pursuits as well as those uses necessary and incidental to single family living. (Zoning Code, Ch. 103, 1032.1) Sec. 33-121. Uses and structures. The following principal uses and structures are permitted in an R-E zone: Use No. Use Title 1111 Single-family dwellings, detached, including licensed residential care facilities for six (6) or fewer persons and transitional housing as defined in section 33-8 (subject to transitional housing criteria as specified by section 33-1121) 1116 Mobilehomes on parcel alone (see section 33-133), including transitional housing as defined in section 33-8 (subject to transitional housing criteria as specified by section 33-1121) 5995 Arts and crafts shows as defined in section 33-8 (with permit as required by section 33-1119 of Article 57 of this chapter) 6815 Small family day care centers as defined in section 33-8; large family day care centers as defined in section 33-8 (with permit as required by section 33-1104 of Article 57 of this chapter) 8120 Truck crops (includes vegetables, berries, melons) 8130 Orchards and vineyards (fruits and tree nuts) 8170 Horticultural specialties (Zoning Code, Ch. 103, 1032.21; Ord. No. 92-15, 3, 3-15-92; Ord. No. 96-8, 2, 3-13-96; Ord. No. 2004-21, 4, 11-17-04) Sec. 33-122. Permitted accessory uses and structures. Accessory uses and structures are permitted in an R-E zone, provided they are incidental to, and do not substantially alter the character of the permitted principal uses or structure. Such permitted accessory uses and structures include, but are not limited to, the following: (a) Accessory buildings such as garages, carports, lath houses, green houses, gardening sheds, recreation rooms and similar structures which are customarily used in conjunction with and incidental to a principal use or structure;

Page 2 of 9 (b) Swimming pools. Swimming pools must be constructed in accordance with the provisions of this chapter; (c) Vegetable and flower gardens; (d) Home occupations. Home occupations are subject to the regulations of Article 44 of this chapter; (e) Storage of materials used for the construction of a building, including the contractor s temporary office, provided that such use is on the building site or immediately adjacent thereto, and provided further, that such use shall be permitted only during the construction period and the thirty (30) days thereafter; (f) Guest house, provided it is located to the rear of the main building. A guest house may not be used as living quarters for permanent residents; (g) Household pets. As provided for in section 33-1116 of Article 57 of this chapter. (See Article 9 of this chapter for animals permitted in R-E (AO) zones); (h) Horses, provided that there shall be not more than one such animal for the first forty thousand (40,000) square feet of lot area with one horse for each additional twenty thousand (20,000) square feet of lot area thereafter (See Article 9 of this chapter for animals permitted in R-E (AO) zones); (i) Bovine animals, sheep or goats, provided that there shall be not more than one such animal per acre of land (See Article 9 of this chapter for animals permitted in R-E (AO) zones); (j) Poultry, rabbits, chinchillas, hamsters and other small animals, except foxes, provided that the total number of such animals on the premises shall not exceed twenty-five (25). (See Article 9 for animals permitted in R-E (AO) zones); (k) Stands for the purpose of displaying and selling agricultural or farming products which are grown or produced on the premises, provided that there shall be not more than one stand per lot or parcel of land. The ground coverage of the stand shall not exceed three hundred (300) square feet, and it shall be set back from the street or highway right-of-way line a distance of at least twenty (20) feet. Such stand must be of good frame construction; (l) Windmills, silos, tank houses, buildings or shelters for farm equipment and machinery, water wells, water reservoirs and storage tanks; (m) Accessory buildings or structures required for the housing, nurture, confinement or storage of animals, crops, products, equipment or uses lawfully permitted or produced on the premises; (n) Buildings to serve as living quarters for a caretaker or for persons deriving the major portion of their income from employment on the premises in conjunction with authorized agricultural use, provided that such buildings shall be occupied only by such persons and their families; (o) Subdivision sales and signs in accordance with the requirements of this chapter; (p) Satellite dish antennas in conformance with section 33-704 of Article 34 of this chapter; (q) Bus stop shelters in conformance with municipal code Article 9 of Chapter 23 and section 33-1118 of Article 57 of this chapter; (r) An animal overlay zone (AO) may be applied to R-E zones upon approval of the planning commission and city council pursuant to Article 9 of this chapter; (s) Second dwelling units as defined in section 33-8 (with permit as required by section 33-1477 of Article 70 of this chapter); (t) The parking of recreational vehicles (as defined in Article 25, section 33-551, definitions) is permitted subject to the development standards outlined in Article 25, section 33-554, development standards. (Zoning Code, Ch. 103, 1032.23; Ord. No. 90-40, 6, 8-15-90; Ord. No. 92-42, 4, 11-4-92; Ord. No. 94-41, 4, 1-11-95)

Page 3 of 9 Sec. 33-123. Conditional uses and structures. The following uses and structures are permitted in an R-E zone only if a conditional use permit has first been issued, and subject to the terms thereof: (a) The keeping of household pets other than those permitted as an accessory use; (b) Uses as listed below: Use No. Use Title 1400 Mobilehome parks, conforming to the provisions of this article 1591 Bed and breakfast facilities, conforming to Article 32 2183 Wineries (on sites with a minimum 10 acres, also subject to the provisions of Article 57, Miscellaneous Use Restrictions) 4710 Communications (excluding 4718 offices, 4712 relay towers, microwave or others) 4753 Satellite dish antennas pursuant to section 33-704 of Article 34 of this chapter 4814 Electricity regulating substations 4824 Gas pressure control stations 4833 Water storage as part of a utility system (uncovered) 4834 Water storage as part of a utility system (covered) 6242 Cemeteries Use No. Use Title 6244 Mausoleums 6379 Aluminum can and newspaper redemption centers without can crushing facilities. But only as an accessory use to SLUC Nos. 6810, 6820 or 6910 6516 Licensed residential care facilities for seven (7) or more persons, including but not limited to sanitariums, convalescent homes, and rest home services 6700 Governmental services (all levels of government) (except correctional institutions) 6810 Nursery, primary and secondary education 6815 Day nurseries Child care center except small and large family day care homes as defined in section 33-8 of Article 1 of this chapter (which are permitted uses in this zone) 6820 Universities, colleges, junior colleges and professional schools 6910 Religious activities 6941 Social clubs 6942 Fraternal associations and lodges

Page 4 of 9 6944 Youth organizations, subject to criteria of section 33-1105 of Article 57 of this chapter 6952 Civic associations 7411 Golf courses, open to the public 7412 Golf courses, private membership 7413 Tennis courts, private membership only (c) Personal wireless service facilities (subject to the provisions of Article 34, Communication Antennas) Any use or structure permitted or conditionally permitted by this zone and involving hazardous materials subject to conditional use permit requirements of Article 30 of this chapter. (Zoning Code, Ch. 103, 1032.25; Ord. No. 94-3, 1, 1-26-94; Ord. No. 2001-31, 7, 12-5-01; Ord. No. 2004-06, 6, 4-14-04; Ord. No. 2004-21, 7 8, 11-17-04) Sec. 33-124. Prohibited uses and structures. All industrial, commercial and residential uses and structures not listed in this article are prohibited. Such prohibited uses include, but are not limited to, those which for special emphasis, are listed below: Use No. Use Title 1120 Two-family dwellings 1130 Multiple family dwellings 6312 Outdoor advertising or billboard advertising (Zoning Code, Ch. 103, 1032.27) Sec. 33-125. Property development standards. In addition to the property development standards set forth in this chapter, the following special development standards shall apply to all land and structures in the R-E zone. (Zoning Code, Ch. 103, 1032.31) Sec. 33-126. Parcel requirements. (a) Lot area. The minimum area of any lot or parcel of land in an R-E zone shall be as indicated below for the sub-zone in which the lot or parcel is situated: (1) Lots ranging from twenty thousand (20,000) square feet to one hundred ten thousand (110,000) square feet in increments of ten thousand (10,000) square feet: Sub-zone RE-20 RE-30 RE-40 Minimum Area 20,000 square feet 30,000 square feet 40,000 square feet

Page 5 of 9 Sub-zone RE-50 RE-60 RE-70 RE-80 RE-90 RE-100 RE-110 Minimum Area 50,000 square feet 60,000 square feet 70,000 square feet 80,000 square feet 90,000 square feet 100,000 square feet 110,000 square feet (2) Lots ranging from one hundred thirty thousand (130,000) square feet to two hundred ten thousand (210,000) square feet in increments of twenty thousand (20,000) square feet: Sub-zone RE-130 RE-150 RE-170 RE-190 RE-210 Minimum Area 130,000 square feet 150,000 square feet 170,000 square feet 190,000 square feet 210,000 square feet (3) In a subdivision, the planning commission may authorize an exception to the minimum lot area, provided that special circumstances, such as extreme topography, drainage or unusual shapes exist; that there is a favorable staff recommendation; and the lots shall average the area requirement of the zone. (b) Lot width. The average width of any lot or parcel of land in an R-E zone shall be as indicated below for the sub-zone in which the lot or parcel is situated: Sub-zone RE-20 RE-30 RE-40 (or larger) Average Width 100 feet 125 feet 150 feet (c) Frontage. Each lot or parcel of land in an R-E zone shall either abut a public street for a minimum of twenty (20) feet, or be connected to a public street by a permanent easement appurtenant of not less than twenty (20) feet in width. (d) Prior created lot. Lots or parcels of land which were created prior to the application of this zone shall not be denied a building permit for reason of nonconformance with the parcel requirements of this section. (e) Population density. Not more than one (1) single-family dwelling may be placed on a lot or parcel of land in an R-E zone. (Zoning Code, Ch. 103, 1032.32 1032.32.9) Sec. 33-127. Yard requirements.

Page 6 of 9 Adjustments to the following requirements of up to twenty-five (25) percent may be approved or conditionally approved by the community development director upon demonstration that the proposed adjustment will be compatible with and will not prove detrimental to adjacent property or improvements. The applicant for an adjustment shall pay a fee to the city in an amount to be established by resolution of the city council. The community development director shall give notice of his or her intended decision using the procedures outlined in section 33-1300 of Article 61 of this chapter. (Zoning Code, Ch. 103, 1032.33; Ord. No. 88-58, 6, 10-19-88) Sec. 33-128. Front yard. Each parcel or lot of land shall have a front yard of not less than twenty-five (25) feet in depth. A required front yard shall not be used for vehicle parking except such portion as is devoted to driveway use or the parking of recreational vehicles in accordance with Article 25, parking of recreational vehicles in residential zones. (Zoning Code, Ch. 103, 1032.33.2; Ord. No. 94-41, 14, 1-11-95) Sec. 33-129. Side yard. (a) Generally. Except as provided in subsection (b), each lot or parcel of land in an R-E zone shall have a side yard on each side of the lot of not less than ten (10) feet. (b) Corner lots. On corner lots, the side yard which is contiguous to the street shall be of a width of not less than ten (10) feet, except that a garage having access which is perpendicular to the street shall be set back at least twenty (20) feet from the street property line. A required side yard shall not be used for vehicle parking except such portion as is devoted to driveway use. (c) Driveway. When used for access to a parking facility, a side yard shall be wide enough for a ten (10) -foot-wide, unobstructed, surfaced driveway. (d) Accessory buildings. (1) The side yard of any accessory building located less than seventy (70) feet from the front property line shall be the same as that required for the main building. (2) An accessory building may be located on a side property line which is not contiguous to a street if, and only if, all of the following conditions are met: (A) The building is located seventy (70) feet, or more, from the front property line; and (B) Has wall and opening protection in accordance with the California Building Code; and (C) Has facilities for the discharge of all roof drainage onto the subject lot or parcel of land. * * Any accessory structure located closer than five feet from the side property line shall have facilities for the discharge of all roof drainage onto the subject lot or parcel of land. (3) An accessory building shall have a minimum setback of ten (10) feet for a side property line which is contiguous to a street. (4) An accessory building having direct vehicular access from an alley shall be located not less than twenty-five (25) feet from the edge of the alley farthest from the building. (5) Setbacks for accessory structures do not apply to animal enclosures.

Page 7 of 9 (e) Required parking for a second dwelling unit may be provided within the side yard setback only if said yard is adjacent to an alley and a minimum twenty-four (24) foot backup is maintained. (Zoning Code, Ch. 103, 1032.33.3 1032.33.6; Ord. No. 90-40, 7, 8-15-90; Ord. No. 92-42, 4, 11-4-92; Ord. No. 2001-08, 7, 5-9-01; Ord. No. 2006-01(R), 4, 3-1-06) Sec. 33-130. Rear yard. (a) Generally. Each lot or parcel of land shall have a rear yard of not less than twenty (20) feet in depth. (b) Accessory buildings. (1) An accessory building may be located on the rear property line when said building: (A) Has wall and opening protection in accordance with the California Building Code; and (B) Has facilities for the discharge of all roof drainage onto the subject lot or parcel of land. * * Any accessory structure located closer than five feet from the rear property line shall have facilities for the discharge of all roof drainage onto the subject lot or parcel of land. (2) An accessory building having direct vehicular access from an alley shall be located not less than twenty-five (25) feet from the edge of the alley farthest from the building. (3) On a reverse corner lot, the rear property line of which is also the side property line of the contiguous property, an accessory building shall be located not less than five (5) feet from the rear property line. (4) Setbacks for accessory structures do not apply to animal enclosures. (c) Required parking for a second dwelling unit may be provided within the rear yard setback only if said yard is adjacent to an alley and a minimum twenty-four (24)-foot setback is maintained. (Zoning Code, Ch. 103, 1032.33.7 1032.33.8; Ord. No. 90-40, 8, 8-15-90; Ord. No. 92-42, 4, 11-4-92; Ord. No. 2006-01 (R), 4, 3-1-06) Sec. 33-131. Projections into yard. (a) The following structures may be erected or projected into any required yard: (1) Fences and walls in accordance with city codes or ordinances; (2) Landscape elements, including trees, shrubs and other plants, except that on lots or parcels of land of less than forty thousand (40,000) square feet, no hedge shall be grown or maintained at a height or location other than that permitted by city codes or ordinances; (3) Necessary appurtenances for utility purposes. (b) The structures listed below may project into the minimum front or rear yard not more than four (4) feet and into the minimum side yard not more than two (2) feet, provided that such projections shall not be closer than three (3) feet to any lot line: (1) Cornices, eaves, belt courses, sills, buttresses or other similar architectural features; (2) Fireplace structures and bays, provided that they are not wider than eight (8) feet measured in the general direction of the wall of which it is a part; (3) Stairways, balconies, door stoops and fire escapes; (4) Awnings; (5) Planting boxes or masonry planters not exceeding forty-two (42) inches in height;

Page 8 of 9 (6) Porte-cochere over a driveway in a side yard, providing such structure is not more than one story in height and twenty-two (22) feet in length, and is entirely open on at least three (3) sides, except for the necessary supporting columns and customary architectural features. (Zoning Code, Ch. 103, 1032.33.9) Sec. 33-132. Building requirements. (a) Building height. No lot or parcel of land in an R-E zone shall have a building or structure used for dwelling purposes or public assembly in excess of thirty-five (35) feet in height, except as otherwise provided in this chapter. (b) Distance between buildings. The distance between any accessory building and a dwelling unit shall not be less than ten (10) feet. (c) Minimum floor area for dwelling units. (1) Each dwelling unit in an R-E zone shall have a floor area of not less than one thousand (1,000) square feet, exclusive of porches, garages, carports, entries, terraces, patios or basements. (2) A second dwelling unit shall not be subject to the minimum unit size, as described in section 33-132 (c)(1), but shall meet the minimum size requirements of the Uniform Building Code and Uniform Housing Code. (d) Lot coverage. In an R-E zone, all buildings, including accessory buildings and structures, shall cover not more than thirty (30) percent of the area of the lot or parcel of land. (e) Floor Area Radio (FAR). In an R-E zone, the numerical value obtained by dividing the total gross floor area of all buildings on the site by the total area of the lot or premises shall not exceed 0.4, except that the maximum FAR for the R-E-20 zone shall be 0.5 and the maximum FAR for the R-E-170 and R-E-210 zones shall be 0.3. A minimum one thousand five hundred (1,500) SF dwelling unit and required covered parking may be permitted regardless of the resulting FAR. (Zoning Code, Ch. 103, 1032.34.1, 1032.34.5 1032.34.9; Ord. No. 92-42, 4, 11-4-92; Ord. No. 94-34, 2, 11-2-94) Sec. 33-133. Mobilehomes. Mobilehomes, to be eligible in the R-E zone, shall comply with the following: (a) Shall be manufactured after October, 1976 and shall be certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.); (b) Shall be installed on a foundation system in compliance with all applicable requirements of the Uniform Building Code to the satisfaction of the building department director; (c) Shall be covered with an exterior material customarily used on conventional dwellings to the satisfaction of the planning department. The exterior covering material shall extend to the ground except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation; (d) Shall have a roof constructed of shingles or other material customarily used for conventional dwellings to the satisfaction of the planning department. (Zoning Code, Ch. 103, 1032.34.2) Sec. 33-134. Parking and loading requirements. Each lot or parcel of land in an R-E zone shall have on the same lot or parcel, a structure suitable for providing automobile shelter with space for at least two automobiles for each dwelling unit. In all other cases,

Page 9 of 9 off-street parking shall be provided as prescribed in Article 34 of this chapter. (Zoning Code, Ch. 103, 1032.35) Sec. 33-135. Other requirements. Adjustments to the following requirements of up to twenty-five (25) percent may be approved or conditionally approved by the community development director upon demonstration that the proposed adjustment will be compatible with and will not prove detrimental to adjacent property or improvements. The applicant for an adjustment shall pay a fee to the city in an amount to be established by resolution of the city council. The community development director shall give notice of his or her intended decision using the procedures outlined in section 33-1300 of Article 61 of this chapter. (Zoning Code, Ch. 103, 1032.39; Ord. No. 88-58, 6, 10-19-88) Sec. 33-136. Reserved. (Deleted by Ord. No. 92-47, 2, 11-18-92) Sec. 33-137. Landscaping. The following landscaping provisions shall apply in an R-E zone. The provision of this chapter regarding landscaping shall also apply: (a) All open areas between front lot line and the rear line of the main building, except driveways, swimming pools, utility areas, improved decks, patios, porches or play areas shall be maintained with landscaping as defined in section 33-8 of Article 1 of this chapter; (b) On all new construction, the director of planning and building shall require the planting of a tree, of a variety on the approved street tree list, in the parkway area or along the street frontage, for every thirty (30) linear feet (reference section 33-1332, street tree standards). (The calculation establishes the number of trees. They may be located other than linear or equally spaced.) (Zoning Code, Ch. 103, 1032.39; Ord. No. 92-17, 3, 3-25-92) Secs. 33-138 33-139. Reserved.