A. This
chapter is adopted pursuant to, and to implement provisions of, the
Encinitas General Plan and certified Local Coastal Program Land Use
Plan (LUP). It is the purpose of this chapter to protect the natural
beauty of the City of Encinitas as well as create an attractive and
functional man-made environment. These are both essential assets for
the welfare of the City's residents and visitors. It is a further
purpose of this chapter to accomplish the following:
1. Determine
compliance of development projects with the provisions of this chapter
and the design review standards and guidelines of the City of Encinitas
as well as other regulations regarding the physical development of
the City.
2. Assure
a high degree of aesthetic and functional excellence in the physical
development of the City of Encinitas through the prudent and timely
review of development projects.
3. Encourage
the preservation of the distinct and individual character of the various
neighborhoods and communities through the prudent administration of
this chapter and the design review standards and guidelines.
B. For
purposes of this chapter "Director" shall mean "Director of Planning
and Building."
(Ord. 94-06; Ord. 2003-08; Ord. 2003-10; Ord. 2022-02)
An amendment to any portion of this chapter constitutes a proposed amendment to the implementing regulations of the City's Local Coastal Program (LCP). A proposed LCP amendment shall comply in form, content and procedure with the provisions of Chapter
30.82 of the Municipal Code. An amendment to this chapter shall not become effective until certified by the Coastal Commission pursuant to California
Public Resources Code Section 30514.
(Ord. 94-06)
A. All
buildings, grading, landscaping or construction projects, whether
they require any other City permit or not, are subject to design review
unless exempted by this chapter.
B. When
in compliance with all other City ordinances and regulations, the
following projects are exempted from the other provisions of this
chapter:
1. Walls
and fences of six feet or less in height.
2. Construction
underground, which will not leave any significant, permanent marks
on the surface after completion. Utility boxes, pipes and poles shall
be considered "significant permanent marks," unless 48 inches in height
or less and appropriately screened and color compatible with buildings
or landscaping. Street furniture shall be exempt unless part of a
development proposal or City streetscape project requiring discretionary
approval.
3. Maintenance
work on buildings, landscaping or grounds which does not significantly
alter the appearance or function of the building, landscaping or grounds.
4. Minor
exterior alterations to buildings which do not result in an increase
in floor area of more than 20% or 500 square feet (whichever is less)
and are substantially consistent with the existing building design
and character. This includes commercial building awnings which are
consistent with established design and color criteria for the commercial
district or center.
5. Signs
which are exempted from the provisions of the Municipal Code change
of message/copy, and signs attached to a building for single uses
or within a commercial center with six or fewer tenants that are compatible
with other signs in the commercial district.
6. Interior
remodeling work on any existing building.
7. Custom
Home Exemption. The construction or landscaping of a project consisting
of not more than one single-family detached dwelling submitted for
plan check on the same application which is substantially dissimilar
in design to any other proposed dwelling within the immediate neighborhood.
A dissimilar design shall include different building footprints, orientation
and elevations; architectural features; and exterior materials.
8. Accessory
buildings and additions for existing attached and detached single-family
homes and duplexes on a separate legal lot provided that it is substantially
consistent with the existing building, color, design and character.
9. All
new or replacement landscaping unless part of a development proposal
requiring design review.
10. Swimming pools, spas, patio covers, lath houses, decks, and balconies
provided that zoning standards are met.
11. Temporary facilities as defined in the City's adopted building code.
12. Tennis courts (including permitted fencing) and similar recreational
facilities.
13. Satellite antennas adequately screened pursuant to Section
23.08.090 of the Municipal Code.
14. Grading provided it is consistent with Municipal Code Section
23.24.490, Rounding and Blending of Slopes, consistent with the topography of adjacent property, and the proposed pad elevation is not more than four feet higher or eight feet lower than the natural or existing grade unless it is determined by the Director that such slopes will not have significant visibility from adjoining properties or the public right-of-way. New grading associated with public or private streets shall be subject to such review. Design review for graded slopes shall not subject other aspects of the project otherwise exempt from design review (e.g., a custom single-family home) to design review. Grading solely for basements is exempt.
(Ord. 90-26; Ord. 92-13; Ord. 93-19; Ord. 2003-10)
A. The
Director has authority to render a final determination on applications
for a design review permit for the following categories of projects:
1. Fences,
walls and landscaping projects not exempted by this chapter.
2. Outdoor
storage facilities of less than 1,000 square feet in area.
3. Agricultural
buildings which are the primary use of the parcel 2,000 square feet
or less.
4. Exterior
additions to existing buildings and structures where the proposed
project will involve less than 500 square feet in area and which are
otherwise not exempted by this chapter.
5. Signs and awnings which are placed under the design review jurisdiction of the Director by other provisions of this Code (Chapter
30.60) and not otherwise exempted by this chapter. Review shall be without notice.
6. Satellite Antennas. However satellite antennas which are visually screened, per Section
23.08.090, shall be exempt from design review.
B. The
Planning Commission is authorized to render a final determination
on an application for a design review permit for a project that does
not contain a component which requires a final determination by the
City Council.
1. That
is outside the jurisdiction of the Director;
2. That
has one or more components that require a final determination by the
Planning Commission and does not contain any component which requires
a final determination by the City Council.
C. Upon
receipt of an advisory recommendation from the Planning Commission,
the City Council is authorized to render a final determination on
an application for a design review permit for a project which contains
one or more components that require a final determination by the City
Council.
(Ord. 90-26; Ord. 93-19; Ord. 96-07; Ord. 2003-10; Ord. 2017-03)
When notice is required by the provisions of this chapter, notice shall be made in accordance with Chapter
30.01 as modified by the following:
A. If the Director is authorized to render a final determination, the notice shall indicate the time prior to which written objections must be filed and notice shall be made to adjacent property owners in accordance with Chapter
30.01 as modified by this section.
B. An
application for a design review permit for a project which requires
an application for a tentative map, zone change, conditional use permit
or any other planning permit, shall be noticed as part of the noticing
procedures required by this Code for such other applications.
C. If the date, time and place of a subsequent hearing or a continued hearing is announced at the noticed time and place, no additional notice is required for the second or continued hearing, unless required by law. If no such announcement is made at the noticed time and place, the second or continued hearing shall be noticed in accordance with Chapter
30.01 as modified by this section.
(Ord. 92-13)
A. The
owner, or the owner's authorized agent, of the real property on which
the construction activity is proposed shall make application for a
design review permit to the Director on a form approved by the Director.
The application must be accompanied by a filing fee in an amount set,
from time to time, by resolution of the City Council, together with
whatever additional plans and information the Director deems necessary
to accomplish the purposes of this chapter. Application shall include
the necessary sets of plans, maps, and displays in sufficient detail
to explain the proposed project's compliance with the regulations
contained in this chapter.
B. Any
application for a new nonresidential project in excess of 2,000 square
feet of building area and any residential project resulting in five
or more units, shall submit a traffic study to the satisfaction of
the Public Works Director. The traffic study shall be completed by
a City-approved traffic engineer.
C. When
the application has been received and properly noticed, the Director
shall render a final determination or the Director shall place the
matter on the agenda of the Planning Commission.
D. Following
the public hearing, the Planning Commission may, by majority vote,
approve, disapprove in accordance with the provisions of this chapter
or conditionally approve or continue the application for a design
review permit. A maximum of two hearings may be held but additional
hearings can be held if requested or agreed to by the applicant.
E. If
the Planning Commission is required to make an advisory recommendation
to the City Council or render a final determination on the application
for a design review permit, the Director shall submit the matter to
the Planning Commission at a noticed, public hearing.
F. Upon
receipt of the advisory recommendations from the Planning Commission,
the Director shall set the application for a design review permit
at a noticed, public hearing for the next available meeting of the
City Council. Following the public hearing, the City Council may,
by majority vote, approve, disapprove in accordance with the provisions
of this chapter or conditionally approve the application for design
review permit.
(Ord. 89-17; Ord. 96-07; Ord. 2003-10)
A. A final
determination by the Planning Commission or the City Council on the
application for a design review permit shall be made by written resolution,
setting forth the facts which support the action. A final determination
by the Director for design review shall be by written notice of determination
setting forth the facts to support the action.
B. An
application for a design review permit shall be approved unless findings
of fact are made based upon the information presented in the application
or during the deliberations which support one or more of the regulatory
conclusions contained in this chapter. The decision maker shall elaborate
on each of the regulatory conclusions made in support of a denial
in sufficient detail to explain as clearly as possible the reasons
for the denial.
C. The final determination shall be mailed by first class mail or delivered in person to the applicant and shall become final unless an appeal is filed pursuant to Chapter
1.12.
(Ord. 90-26; Ord. 96-07; Ord. 2003-10; Ord. 2022-07)
A. The
project design is inconsistent with the general plan, a specific plan
or the provisions of this Code.
B. The
project design is substantially inconsistent with the design review
standards and guidelines.
C. The
project would adversely affect the health, safety, or general welfare
of the community.
(Ord. 2003-10; Ord. 2019-04; Ord. 2022-02)
A. The
intent of this section is to provide locational criteria for the placement
of satellite antennas, and to regulate their placement so as to minimize
the potential visual impacts associated with the antennas. It is not
the intent of this section to prohibit the use of satellite antennas,
nor to add excessive additional expense to their installation.
B. The
installation of a satellite antenna is permitted either by right,
or by the approval of an administrative design review permit application,
depending upon the antenna's location and screening, as discussed
below.
1. A
satellite antenna shall be defined as any system of wires, cables,
amplifiers, reflecting discs or other devices which are used for the
transmission or reception of satellite related signals.
2. An
administrative design review permit shall be required for a satellite
dish antenna unless it is screened from adjacent properties and public
streets with a wall, fence, hedge or other material such that no more
than 25% of the satellite antenna is visible (from any of the antenna's
functional positions), as viewed from the ground level of any adjacent
property or public right-of-way, as determined by the Director of
Planning and Building. The screening material shall be kept in good
condition so long as the antenna is in place. The screening material
shall be visually compatible with the main structure and with other
fences or materials which occupy the property. Any fences and walls
used for screening purposes shall comply with standard fence height
requirements.
C. Should
an administrative design review permit be required, the proposed satellite
antenna will be approved so long as the location, size, design and
operating characteristics of the antenna are compatible with and do
not adversely affect, in a material manner, adjacent uses, residences,
structures or natural resources, with consideration given to, among
other things, the following:
1. The
effect upon the character of the neighborhood;
2. The
effect upon views from public and private vantage points;
3. The
effect upon environmental quality or natural resources; and
4. Any
other relevant impact of the proposed use on the surrounding area.
D. The
following setback limitations shall apply to satellite antennas (residential
and commercial zones):
1. The
satellite antenna may be located to within three feet of an interior
side or rear property line, as measured from the outer edge of the
antenna dish, as measured from any of its functional positions. This
setback may be reduced to zero through the design review process.
2. Satellite
antennas proposed to be located within a front or street side yard
setback shall require an administrative design review permit, unless
the antenna is completely (100%) screened from any adjacent property
and from any adjacent public right-of-way, as viewed from ground level.
E. The
following height limitations shall apply to satellite antennas:
1. Residential
Zones. Outside of the standard building envelope (i.e., within the
front, side, or rear yard setbacks), the maximum height of a satellite
antenna shall be 12 feet in height. Property owners may request greater
heights through the administrative design review process.
Satellite antennas located within the standard building envelope (i.e., outside of the front, side, or rear yard setbacks) shall not exceed the standard residential height limit. (See residential height regulations in Section
30.16.010B6 of the Municipal Code.)
2. Commercial
Zones. The maximum height of a satellite antenna in a commercial zone
is 30 feet.
In any case, a design review permit will be required for any
satellite antenna unless visually screened in accordance with paragraph
B2 of this section.
F. Design
review shall be required if more than one satellite antenna is proposed
on any given lot.
G. Some
antennas require building permits for their foundation or mounting,
and electrical permits may be required for power driven dishes. The
applicant shall be responsible for securing all necessary building
permits prior to the installation of a satellite antenna.
H. Notwithstanding
the above, the regulations of this section shall not be administered
so as to:
1. Prevent
the reception of satellite delivered signals from major communications
satellites that, when viewed on a conventional television set, are
at least equal in picture quality to those received from local commercial
television stations; or
2. Impose
costs on the potential user of the antenna that are excessive in light
of the purchase and installation costs of the equipment.
I. If
an applicant claims that an imposed regulation violates the stated
intent of the provisions of the City's satellite regulations, the
applicant may deposit with the City a sum determined by the Planning
and Building Director to obtain an independent expert evaluation and
opinion of the claim.
(Ord. 2003-08; Ord. 2010-13)
The City Council shall adopt by resolution design review standards
and guidelines setting forth the policies and criteria for this chapter.
The person or body authorized to render a final determination shall
comply with these standards and guidelines when reviewing applications
for permits and shall ensure that the spirit intent of the guidelines
are upheld in all design review actions. The City Council may amend
the design review standards and guidelines by resolution to keep the
guidelines in compliance with the latest City policies.
(Ord. 2022-02)
Whenever a design review permit is granted upon any condition
or limitation, the person seeking the design review permit may be
required to furnish security in a form satisfactory to the Director
in an amount sufficient to insure compliance with the conditions and
limitations upon which such design review permit is granted. Every
such form of security shall be in a form satisfactory to the Director,
shall be payable to the City, and shall be conditioned upon compliance
with the conditions and limitations upon which the design review permit
is granted.
(Ord. 90-26)
Where a landscape plan has been approved for a project, a security
deposit may be required for a period not to exceed one year after
final inspection approval to insure plant material has adequate time
to become established and that the approved landscape design is not
altered.
(Ord. 90-26)
At the discretion of the Director, to accomplish the purposes
of this chapter, the design review permit may be issued in the form
of a covenant to be signed by the permittee and recorded with the
County Recorder.
A. Prior
to the issuance of a building permit or any other permit required
for the construction of a project for which a design review permit
has been issued, the Director shall determine whether the plans submitted
for such construction permit are in substantial conformance with the
design review permit.
B. The
Director shall find project plans in substantial conformance if:
1. No
project condition is changed or deleted;
2. No
feature, facility or amenity is deleted or substantially altered which
had been considered essential to the project's quality, safety or
function by the decision making body;
3. The
area of any residential floor plan or any nonresidential building
is not decreased or increased by more than five percent;
4. No
additional lots or dwelling units are added;
5. No
private or public open space is reduced in area or in its potential
for use and enjoyment;
6. The
shape and bulk of structures, exterior building materials, landscaping,
parking and access are substantially in conformance with the spirit
and intent of the design review decision;
7. The
grading plan will not increase or decrease the final grade on any
part of the site by more than three feet over or under the plan approved
by the design review decision, unless the Director finds that: (a)
the design is substantially altered by the grading change, (b) the
design review approval specifically prohibits variation to the elevation
of the pads, or (c) the change in pad elevation impacts surrounding
views, and/or substantially increases the bulk and mass of a building;
and
8. No
significant changes are made which, in the opinion of the Director,
should be reviewed by the body which approved the original design
review application.
C. The final determination made under this section shall become final unless an appeal is filed pursuant to Chapter
1.12. Notification of the final determination shall be posted on the City's website. If the determination is that the proposed construction is in conformance, the proponent may proceed, at the proponent's own risk, during the appeal period. The proponent or any aggrieved person may appeal, or may apply for a modification of the design review permit.
(Ord. 2003-10; Ord. 2017-03; Ord. 2022-07)
A proponent may apply for a modification of a valid design review
permit. The application procedures, hearings and notifications for
any modification shall be the same as for a new application. If the
Director finds that the modification is minor, and is required due
to circumstances beyond the proponent's control, the application for
modification shall be given priority in scheduling for public hearings.
A. The
design review permit approval shall be valid for two years after the
effective date of the permit. A building permit and any other permit
required for the construction of the project shall be obtained within
the two-year period. If construction has not started within the time
period specified in the City's adopted building code, and is not diligently
pursued thereafter, the design review permit shall be deemed null
and void.
B. The Director may, upon written request by the proponent, grant reasonable extensions of up to a total of two years for the design review permit; provided no change in City policies has occurred which would be in conflict with the project. A request for such an extension shall be filed with the Director at least 15 days prior to the expiration of the design review permit, together with the required application fee. Upon proper filing of an application of extension, public notice shall be made according to the provisions of Chapter
30.01 as modified by this chapter. A public hearing is not required.
(Ord. 92-13; Ord. 2010-13)
At least one year shall have elapsed since the effective date
of a disapproval of an application before filing a new application
seeking substantially the same design review permit for any of the
same property.