City of Encinitas, CA IMPLEMENTATION

The Cardiff-by-the-Sea Specific Plan has a principal objective to identify and justify capital improvements to achieve desired community objectives.

While the Specific Plan anticipates a gradual and incremental approach to private development, basic capital improvements may be completed on a more timely basis.

The community has a strong desire to maintain and preserve the physical appearance of the area while creating opportunities for business. The use of the development review process described below directly supports that notion and, in so doing, supports community values.

7.1.1

Purpose

The Cardiff-by-the-Sea Specific Plan provides community objectives, development standards, and discretionary review guidelines to enhance land use and development quality. The purpose of this section is to describe the procedures required for the gradual and incremental implementation of these objectives, standards, and guidelines within the Specific Plan area.

7.1.2

Processing and Review

Future development within the Specific Plan area will involve obtaining the necessary development permits for:

•	The division of a parcel of land into two or more parcels;
•	The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure;
•	Any excavation, landfill, or land disturbance, and any use or expansion of the use of land.

City review of these permit applications will ensure consistency of the proposed improvements with the design recommendations and development regulations outlined in the Specific Plan.

The Specific Plan area shall be developed in accordance with the criteria and procedures provided in this Specific Plan and accompanying documents and in accordance with other land use and zoning regulations of the City of Encinitas.

In cases where discrepancies occur between the Specific Plan and citywide development standards, the development regulations contained in the Cardiff-by-the-Sea Specific Plan shall prevail.

All development within the Specific Plan boundary shall be consistent with the Cardiff-by-the-Sea Specific Plan.

7.1.3

Development Applications (except Design Review)

Development applications shall be processed according to the applicable provisions of the Encinitas Municipal Code Title 23, Building and Construction, Title 24, Subdivisions, and Title 30, Zoning.

When an applicant seeks to employ one or more of the parking strategies identified in Section 5.8.3 and no other discretionary permit is otherwise required, a Minor Use Permit shall be processed.

7.1.4

Design Review

Design Review applications shall be processed according to the procedures indicated in Chapter 23.08 (with the exception of Section 23.08.100) of the Encinitas Municipal Code. Also reference Chapter 4 of this Specific Plan for additional information on applications subject to or exempt from Design Review.

7.1.5

Specific Plan Amendments

Amendments to the Specific Plan shall be subject to the procedures as indicated in Chapter 30.72 of the Encinitas Municipal Code.

7.1.6

Nonconformities

Except as provided for in this Specific Plan, any non-conforming use or structural non-conformity shall be subject to the provisions of Chapter 30.76 of the Encinitas Municipal Code.

A "nonconforming use" is a use that:

•	Is not within the scope, either expressly or implicitly, of the land use regulations set forth in this Specific Plan that announces the purpose, intent, permissible uses, accessory uses and prohibited uses for the zone in which the particular use is located;
•	Did comply with the zoning restrictions contained in this Specific Plan or the zoning ordinance in effect at the time the use was created and was lawfully created; and
•	Has not been terminated in accordance with the provisions of this Specific Plan or the zoning ordinance.

A "structural nonconformity" is a physical aspect of a building, structure or improvement that:

•	Does not conform to the development standards contained in this Specific Plan to include, without limitations, height, set-back, lot area, parking, type of building, or coverage of a lot by structure;
•	Did comply with the development standards in the zoning ordinance in effect at the time the building, structure or improvement was constructed or structurally altered and was lawfully constructed; and
•	Has not been terminated in accordance with the provisions of this Specific Plan or the zoning ordinance.

Any commercial building with a structural nonconformity that is damaged up to 100% (by accident or voluntary) of its valuation can be reconstructed with the continuation of the structural nonconformities provided such nonconformities are not increased in density or intensity.

Any additions, expansions or alterations to a nonconforming structure may be permitted so long as the intensity of the nonconformity is not increased. The additions, expansions or alterations shall not be considered an intensification of the structural nonconformity provided the additions, expansions or alteration comply with the standards of the specific plan.

7.2.1

Overall Program

Implementation of public improvements must coincide with the Community Vision and Specific Plan Goals identified in Chapter 2.0. Certain basic financing needs have been identified which include improvements to traffic/circulation, drainage, and utility infrastructure. Other specific capital improvements include streetscape enhancement, community facilities, and community development programs.

An initial identification of capital needs within the Cardiff-by-the-Sea Specific Plan area includes:

•	Water – Based on future redevelopment demand, there may be a need to replace older and smaller diameter water mains. Upgrades to meet new crossflow/backflow standards are also to be implemented.
•	The City should consider conducting a study of the potential to tap into groundwater to meet future water demand for landscaping and other needs.
•	Storm Drain – A detailed study of the storm drain system and its tributary areas is necessary to determine the capacity and need for additional storm drains.
•	Street Improvements – Upgrades are recommended regarding curb/gutters, pathways, crosswalks, paving, striping, median, landscaping, street furniture, lighting, etc
•	Alley Improvements – Upgrades are recommended regarding paving, striping, landscaping, street furniture, lighting, etc.

7.2.2

Public Improvement Priorities

The following ranking recommendations are made in regard to the sequencing of improvements:

1st Priority	• Alley and drainage improvements.
	• Storm Drain Study and upgrades as necessary.
2nd Priority	• Pedestrian pathway linkages (missing sections of curbs & sidewalks)
3rd Priority	• Prioritize streetscape design and improvement plans
	a. Intersection improvements
	b. Major gateway improvements
	• Street improvements within balance of Specific Plan area.

7.2.3

Public Maintenance

Although conditions may warrant more at certain times, frequency of public maintenance (e.g. street sweeping, trash collection, tree trimming in the right-of-way, and graffiti) shall be in accordance with the citywide schedule or as approved by the City Council.

7.2.4

Financing Strategies

The following is a summary of possible methods for financing the Specific Plan improvements described above. This listing is not intended to exclude any other available funding source.

Special Assessment Districts (1911, 1913, 1915 Act)

California law provides procedures to levy assessments against benefiting properties and issue tax exempt bonds to finance public facilities and infrastructure improvements. Assessment districts, also known as improvement districts, are initiated by the legislative body (e.g. city), subject to majority protest of property owners or registered voters. Assessments are distributed in proportion to the benefits received by each property, and represent a lien against property. The assessments are fixed dollar amounts, and may be prepaid. Only improvements with property specific benefits (e.g. roads, and sewer and water improvements) may be financed with assessments.

Area of Benefit Fees

Area of benefit fees may be enacted by the legislative body (i.e. city) through adoption of an ordinance, without voter approval. The fee must be directly related to the benefit received. It does not create a lien against property, but must be paid in full as a condition of approval. Its principal use is for encumbering properties that do not voluntarily enter into an assessment of a Community Facilities District (CFD), so that they pay their fair share at the time they are ready to be developed. Proceeds may be used to reimburse property owners who pay up-front cost for facilities benefiting other properties. Benefiting properties may be given the option to finance the fees by entering into an assessment district (1913/1911 Act).

Landscaping and Lighting Districts

Landscaping and Lighting Districts (LLD) may be used for installation, maintenance and servicing of landscaping and lighting, through annual assessments on benefiting properties. LLDs also may provide for construction and maintenance of appurtenant features, including curbs, gutters, walls, pathways or paving, and irrigation or drainage facilities. They also may be used to fund and maintain parks above normal park standards maintained from general fund revenues.

Development Impact Mitigation Fees

The City collects a variety of fees from new development to provide for infrastructure improvements required due to the increased demand caused by development. While impact fees may not be assessed to address existing deficiencies, fees collected from new development may be used to build new facilities or upgrade existing facilities that will serve the new development. The City collects fees for drainage, traffic impacts, parks, trails, and open space, as well as for community facilities.

Façade Grant Program

The program offers monetary incentives for façade renovation to stimulate the process of revitalization. The goal of the Façade Grant Program is to bring new life to older buildings by assisting current businesses in upgrading their business image and fostering a more vibrant downtown.

Other Funding Sources

There may be other sources available to finance improvement projects such as developer funding strategies, special assessment districts, community facilities districts, government grants, or various types of bonds not listed above that may be used to fund improvements.