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. 
Without first having obtained a design review permit, it shall be unlawful for any person to construct, grade for, relocate, alter, remodel or otherwise modify the exterior of any structure, when such activity is required by this chapter to have a design review permit.
B. 
No building permit, grading permit or other development permits shall be issued relating to a structure or site development for which a design review permit is required until the design review permit is obtained.
(Ord. 2003-10)
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.
7. 
Grading unless otherwise exempted by Section 23.08.030B14.
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)
A. 
The person or body authorized to render a final determination shall have the authority to impose such conditions and safeguards as it deems necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to insure that the proposed project for which design review approval is sought, fully meets the criteria as set forth in this chapter.
B. 
No design review permit shall require a condition which is not reasonably related to the project for which the design review permit is requested.
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)
A. 
The Director shall suspend any design review permit and issue no certificate of occupancy if the project is not constructed in compliance with the design review permit. The notice of suspension shall be mailed to the proponent by certified mail and posted on the project site.
B. 
The proponent or any aggrieved person may request a meeting of the arbitration committee to settle any dispute regarding the suspension, may appeal, or may apply for a modification of the design review permit.
C. 
The suspension of the design review permit and the suspension of all related permits shall be lifted by the Director if:
1. 
The applicant has completed all necessary changes to bring the project into compliance with the original design review permit, or with the design review permit as amended by an appeal or modification; or
2. 
The arbitration committee or the final appeals body has determined that no violation of the original design review permit exists.
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.