A. 
In all zones, it is the intent of this chapter that the standard of adequacy for the right-of-way and grading of all streets be complied with by all projects and that building line requirements as set forth herein shall be complied with by all projects on parcels of land which adjoin general plan highways. All projects shall provide right-of-way dedication, street improvements, and undergrounding of overhead utilities unless they are otherwise exempt as per Sections 23.36.050 and 23.36.121 of this chapter.
B. 
Further, on parcels of land in all zones, it is the intent of this chapter that no building permit be issued for the construction or alteration of buildings unless the persons securing such permit are required to assure compliance with the standard of adequacy for the right-of-way of streets abutting such parcels and the standard of adequacy for the improvement of such streets.
(Ord. 87-47; Ord. 2007-04; Ord. 2009-08)
"Agricultural building"
is a building located on agricultural property and used to shelter farm implements, hay, grain, poultry, livestock or other farm produce, in which there is no human habitation, and which is not used by the public.
"Centerline of street."
The centerline of a street shall be as shown on a final subdivision map filed in accordance with the Subdivision Map Act or pursuant to any of the earlier or following versions of the Subdivision Map Act, a record of survey filed pursuant to Chapter 15 of the Business and Professions Code, a subdivision or parcel map filed pursuant to Division 2 of the Government Code, an official map filed pursuant to Division 3 of the Government Code, an "AS BUILT" / "Record Drawings" Road Survey plan prepared by and on file in the Office of the Director, an "AS BUILT" / "Record Drawings" state highway plan prepared by and on file in the office of the District Director of the California State Department of Transportation, or in the event that no such map is filed, or in the event that the centerline shown on such map or maps does not meet with the approval of the Director, the centerline of a street as shown on an alignment study which has been adopted by City Council resolution following a public hearing.
If a centerline appears on more than one qualifying map or plan, the centerline shown on the most recent document will be taken as the centerline for purposes of this chapter if the Director determines that the most recent document accurately depicts the correct centerline.
If the Director finds that the centerline established pursuant to the Code is not a practical or reasonable centerline or is otherwise unacceptable, the Director will prepare and process an alignment study, or direct that the applicant is to prepare and process an alignment study pursuant to this chapter. In that event, the applicant shall grant right-of-way along the proposed alignment, and the Director shall accept the right-of-way subject to its being improved to standards specified in this chapter. A secured agreement pursuant to the provisions of this chapter may be accepted in lieu of construction of the required improvements prior to the issuance of a building permit.
"Director"
is the Director of Public Works.
"General Plan highway"
is any street identified on the Circulation Element of the General Plan as amended or hereafter amended and the centerline of which is established as provided in this chapter.
"New floor area"
is floor area as defined in Municipal Code Chapter 30.04 that is created by a new building or building addition.
(Ord. 95-12; Ord. 2007-04; Ord. 2009-08; Ord. 2014-12)
A. 
Unless the owner complies with the provisions of this chapter, no building permit shall be issued for any building or structure to be located on a parcel of land.
B. 
Without exception, no development shall violate the setback requirements established by this chapter.
C. 
The Director, utilizing standard engineering practices, may, in instances where construction of public improvements is determined to be infeasible, consider whether to authorize the payment of in-lieu fees for the future construction of the required public improvements. The inlieu fee shall be equivalent to that fee established by the City Council of the City of Encinitas in effect at the time of the City review of permits for the development of the property.
When in compliance with all other City ordinances and regulations, the following projects are exempted from the other provisions of this chapter:
A. 
Commercial Projects. Right-of-way dedication and public improvements shall not be required for building permits for commercial projects when the total new square footage of the commercial structure does not exceed 500 square feet unless it is shown upon review of a traffic study that the traffic impact of the commercial development is for a use that would generate traffic in excess of a general commercial/retail structure of 500 square feet.
Right-of-way dedication and public improvements in compliance with this chapter shall be required for building permits for commercial development when the total square footage of the commercial structure is 500 square feet or greater, or when review of a traffic study shows that the traffic impact of the commercial development is for a use that would generate traffic in excess of a general commercial/retail structure of 500 square feet.
When a property is developed on an incremental basis, the cumulative development over a period of five years following the approval of the first building permit for the property shall be considered in total and the exceptions in this section shall not apply when the total new square footage of the commercial structure over the five year period is 500 square feet or greater, or when review of a traffic study shows that the traffic impact of the commercial development is for a use that would generate traffic in excess of general commercial/retail structure of 500 square feet.
B. 
Residential Projects.
1. 
Residential Single-Family Additions.
a. 
Building permits for additions to an existing residential single-family dwelling when the total habitable square footage of the residential structure addition does not exceed 500 square feet, and the total square footage of habitable and nonhabitable residential structure additions do not exceed 750 square feet will not be required to comply with the rights-of-way dedication or public improvement requirements of this chapter.
b. 
Building permits for residential single-family dwelling additions when the total habitable square footage of the addition to a residential structure does not exceed 2,000 square feet, and the total square footage of habitable and nonhabitable residential structures, including any additions, does not exceed 2,500 square feet will be required to comply with the rights-of-way dedication requirements, but will not be required to comply with the public improvement requirements of this chapter.
c. 
Building permits for residential single-family dwelling additions when the total habitable square footage of the addition to a residential structure is greater than 2,000 square feet, or the total square footage of habitable and nonhabitable residential structures, including any additions, is greater than 2,500 square feet will be required to comply with the rights-of-way dedication requirements and public improvement requirements, other than the requirements contained in Section 23.36.120 of this chapter.
d. 
When a property is developed on an incremental basis, the cumulative development over a period of five years following the approval of the first building permit for the property shall be considered for the 500 square foot threshold for rights-of-way dedication and 2,000 or 2,500 square foot thresholds for public improvements.
2. 
Residential New Construction. Rights-of-way dedication and public improvements in compliance with this chapter shall be required for building permits for a new residential structure, except that the requirements contained in Section 23.36.120 to place underground the existing overhead public utilities shall not apply to a single-family home unless the single-family home is part of another application creating more than one singlefamily home. A new residential structure that is part of another application creating more than one single-family home may be required to comply with the requirement to place underground the existing overhead public utilities contained in Section 23.36.120.
C. 
Agricultural Buildings. The exceptions in this section shall not apply to building line requirements.
(Ord. 2007-04)
A. 
A building line is hereby established on each side of and parallel to the centerline of every street which is either a General Plan highway or adjoins or provides direct access to property in a commercial, industrial or residential zone. The distance in feet from the centerline of the following classes of highways to the building line in the following zones shall be as follows:
 
R-R, with a lot size designator of 1 acre or more
Commercial
Industrial
Other
Residential Collector Street
60
36
36
36
Light Collector Industrial/Commercial
60
36
36
50
Cul-de-sac
66
36
36
56
Industrial/Commercial Street
66
36
36
56
Collector Highway Industrial/Commercial
72
42
42
62
Collector Street
74
44
44
64
Recreational Parkway
80
50
50
70
Major Highway
81
51
51
71
Prime Arterial Highway
93
63
63
83
B. 
Add five feet to the setback requirements of these classifications if additional dedication is required for bicycle facilities.
C. 
No building or structure may be constructed, altered, or changed in use on any lot abutting a public street or any zone if any portion of such building or structure protrudes into the area between the building line and the centerline of the street.
D. 
When the class of zone is such that the Zoning Ordinance requires a greater front yard setback than the building line requirement in this section, then the front yard setback in the Zoning Ordinance shall supersede the building line requirement in this section. If the building line requirement in this section is greater than the front yard setback established in the Zoning Ordinance, then the building line requirement shall apply.
No building or structure shall be constructed or altered and no change may be made in the use or occupancy of a building located adjacent to a circulation element road/street when a portion of the building is constructed within the following described triangular corner cut-off area. The triangular corner cut-off area is determined by extending the ultimate curb lines, or, if no curbs are constructed, the ultimate edges of the paved travel lanes or the tangents to the ultimate curb returns, to their point of intersection; then connecting two points measured back 40 feet along the lines from their point of intersection.
(Ord. 2017-07)
A. 
No building or structure may be constructed on a lot in any zone, and no building or structure shall be altered on a lot in any zone if such alteration results in a change of occupancy as defined in the California Building Code, unless the streets or highways which abut that lot are adequate with respect to right-of-way and improvements and connect to a dedicated and improved street. The standard of adequacy for the right-of-way is that set forth in this chapter. The standard of adequacy for improvements is that set forth in this chapter.
B. 
The owner of real property being developed within the City of Encinitas upon one existing legal lot when the legal lot is not connected with a subdivision approved by the City of Encinitas in accordance with Encinitas Municipal Code Title 24 may, when authorized by the Director of Public Works, voluntarily elect to pay an established in-lieu fee instead of providing for the construction of public improvements along the frontage of the property being developed. The in-lieu fee shall be equivalent to that fee established by the City Council of the City of Encinitas in effect at the time of the issuance of the building permit for the construction of the structure.
(Ord. 2014-12)
A. 
The portion of a street abutting a lot or parcel of land shall be considered to have adequate right-of-way if the portion of the roadway which has been dedicated to the public for highway purposes or which is subject to an irrevocable offer to so dedicate measures no less than 40 feet in width and measures not less than the following between the centerline of the street and the boundary line of the lot or parcel of land:
1.
Residential or Light Collector
30 feet*
2.
Industrial or Commercial Cul-de-Sac Street
36 feet
3.
Industrial Street
36 feet
4.
Collector Highway
42 feet
5.
Industrial or Commercial Collector Street
44 feet
6.
Recreational Parkway or Rural Mountain Road
50 feet
7.
Major Highway
51 feet
8.
Prime Arterial Highway
63 feet
*
Except in commercial or manufacturing/industrial zones the width shall be 36 feet.
B. 
If the road is on the bikeway master plan, consistent with the Circulation Element of the General Plan, an additional five feet shall be dedicated for the construction of a bicycle lane.
C. 
Where the volume of traffic anticipated is determined by the Director to warrant separate turn lanes and associated transition improvements, additional dedication will be required in those classifications listed in paragraphs A1 through 8 of this section.
D. 
If right-of-way dedication is required, the owner shall furnish a title report less than three months old which shows all deeds of trust and easements, and a copy of the grant deed for the property being developed, together with all deposits or fees pursuant to this chapter, a legal description and plat prepared by a licensed land surveyor and a signed and notarized right-of-way deed to the Director for execution and recordation. If the owner is a corporation, a corporate certificate shall be submitted indicating those corporation officers authorized to sign for the corporation. If the owner is a partnership, a partnership agreement shall be submitted indicating who is authorized to sign for the partnership.
(Ord. 2017-07)
A street shall be considered to meet the standard of adequacy for improvements if it conforms to the then current City standards. All required improvements shall be completed prior to the issuance of any building permit; provided, however, that the Building Official may, when a grading permit requires construction of building foundations and walls as part of the grading permit, authorize a building permit for construction of a building or buildings or other work concurrently with the installation of the improvements required by this chapter. When such a building permit is issued in conjunction with a grading permit, the building construction cannot proceed beyond the foundation stage until the acceptance of the rough grading by the Director of Public Works. A note indicating the requirements of this section shall appear on all issued plans and permits for the subject property when this condition exists.
(Ord. 2014-12)
A. 
The owner shall install a street lighting system that provides the level of illumination specified in the current City standards. Installation shall be in accordance with plans and specifications that meet the approval of the Director.
B. 
Unless the property is in an existing lighting and landscaping district, the territory under development shall be annexed, in accordance with rules and procedures in effect at the time, to an existing lighting district or lighting maintenance district. The owner shall deposit with the City through the Director fees sufficient to:
1. 
Pay the State Board of Equalization processing fee for annexation to the district.
2. 
Operate and maintain the street lights until tax revenue resulting from the annexation begins to accrue.
3. 
Augment the reserve fund of the existing district by an amount equal to the anticipated cost of operating and maintaining the street lights for three months.
4. 
Any other fees pertaining to street lights that may be required by the City Council.
A. 
The owner, unless otherwise exempt from this requirement in accordance with Section 23.36.121, shall underground all existing utility distribution facilities, including cable television lines, along the frontage of the owner's property. The owner shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators for the installation of such facilities.
B. 
All new development within the City of Encinitas shall, to the satisfaction of the City Engineer, place underground all new utilities, whether public or private.
C. 
For the purposes of this section, the term "frontage" shall mean the length of overhead utilities anywhere within the rights-of-way or an easement contiguous to or through the property. If utility lines are adjacent to an access easement that is not within or contiguous to the property, but benefit the property, then that portion of utility line is considered to be frontage. When Municipal Code Section 24.16.010G refers to "any half-street abutting a new subdivision," the Director may require overhead utilities anywhere within the rights-of-way to be placed underground in accordance with this chapter.
Projects not exempted from undergrounding requirements may, in order to provide for a net elimination of utility poles, be required to underground utilities that extend beyond the frontage of the developed property.
The exceptions to undergrounding requirements contained within Section 23.36.120A are listed in subsections A through G of this section:
A. 
Electric transmission lines in excess of 34,500 volts, exempt from undergrounding electrical only.
B. 
Residential development for a single-family residence, a twin home, a duplex, a triplex or a fourplex when not part of an application yielding five or more residential units.
C. 
Commercial or industrial projects proposing less than 20,000 square feet of new floor area.
D. 
Subdivisions comprising four or fewer parcels, provided that a covenant is recorded against any resulting parcels and any remainder parcel prohibiting further subdivision.
E. 
Condominium conversion if proposed new floor area is less than 20,000 square feet.
F. 
Mixed use projects with or without a condominium map if the total commercial plus residential new floor area is less than 20,000 square feet.
G. 
A residential project that is constructed and occupied as a 100% affordable housing development and is occupied by lower income households as defined periodically by the City based on the United States Department of Housing and Urban Development (HUD), adjusted for household size.
Projects not exempted from undergrounding requirements may, in order to provide for a net elimination of utility poles, be required to underground utilities that extend beyond the frontage of the developed property.
(Ord. 2009-08)
Alternatively, if undergrounding is required pursuant to this chapter, an in-lieu fee payment in an amount established by City Council resolution may be accepted by the City instead of physical undergrounding. The in-lieu fee shall be at the option of the owner with the City Engineer's approval. If the owner chooses to pay the in-lieu fee, the owner must acknowledge and agree that it may be used for a citywide undergrounding fund for authorized undergrounding projects or as approved by City Council.
(Ord. 2009-08)
All utilities (electric, telephone, cable, and similar utilities that transmit service via wire, fiber optics, or other materials) shall be installed underground from the utility distribution facility to the service connection at structures on the property. This criteria shall be applicable to all new construction when more than 500 square feet of habitable area is created and in those instances when a utility panel is upgraded to 200 AMP service or greater due to additional construction or use of the property.
(Ord. 2007-04)
If street improvements are required, the Director shall accept any right-of-way dedication required subject to the dedicated right-of-way being improved to standards specified in this chapter, and the owner shall obtain a construction permit from the Director to construct the necessary improvements. The owner shall furnish the following to the Director, prior to applying for such permit.
A. 
A street improvement plan prepared in ink on linen or polyester base standard size city improvement plan sheet by a civil engineer registered in the State of California.
B. 
Deposits or fees required by this chapter.
C. 
A petition to annex the lot which is the subject of the building permit application to a lighting maintenance district or a lighting district if the Director finds that the street lights are required pursuant to this chapter.
D. 
The applicant shall provide security guaranteeing proper completion of the work described and delineated on the permit and approved plans in an amount of 100% of the approved cost estimate. The security shall be in the form of one or more of the following at the option of the City Engineer.
1. 
A deposit of money or negotiable securities of the kind approved for securing deposits of public monies.
2. 
An instrument of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the permitted works are on deposit and guaranteed for payment or a letter of credit issued by such a financial institution.
3. 
A performance bond from an approved bonding company. Bonding may be for up to a maximum of 80% of the total security required by the permit. The remaining 20% of required security shall be in the form of cash or a certificate of deposit drawn for the benefit of the City of Encinitas.
(Ord. 2007-04)
The owner shall pay the actual costs incurred by the City in reviewing the site in the field, preparing and processing documents, checking improvement plans, determining street light requirements, and performing inspection and laboratory testing.
The actual cost for site inspections, preparing and processing documents, checking improvement plans, determining street light requirements, and performing inspection and laboratory testing shall be equal to the fees established by the City Council and that are in effect at the time the application is submitted, or, if the Director determines that the work involved is anticipated to cost more than the fee, the Director may require a deposit of funds sufficient to cover the anticipated work. If the actual cost is less than the amount deposited, the Director will refund to the owner any remaining funds in the deposit. If any deposit is insufficient to pay the actual costs incurred by the City, the owner shall, upon demand of the Director pay an amount equal to the deficiency or equal to the amount estimated to be needed to complete the document preparation, plan checking, testing, and/or inspection. The final inspection prior to the issuance of a certificate of occupancy shall not be performed until all such deficiencies have been paid.
(Ord. 2017-07)
If the Director finds that the requirement to construct the road improvements prior to the issuance of a building permit would cause undue hardship on the owner, the Director may, with the concurrence of the Director of Planning and Building, require the owner to enter into a secured agreement to construct the required improvements prior to the occupancy of the building or within 24 months, whichever is earlier, in lieu of completing the improvements prior to issuance of the building permit; and, the Director of Planning and Building may, upon receipt of notification of acceptance of the required improvements, consider the requirements of this chapter satisfied.
(Ord. 2007-04)
A. 
If the construction of right-of-way improvements is deferred, the Director may still require the owner to grade the right-of-way in accordance with the requirements of this chapter.
B. 
Grading may be deferred if the Director concludes that the proposed project will be located so as not to interfere with or be potentially incompatible with the proposed right-of-way improvements and grading.
C. 
By encroachment permit, the Director may allow the property owner to utilize the right-of-way area until such time as the right-of-way area is developed.
The right-of-way and improvement of any street or general plan highway required by this chapter shall not be considered adequate unless the right-of-way and improvement connects to a street in the City maintained road system or an improved and dedicated state highway or an improved and dedicated City street or dedicated right-of-way (off site) with a minimum width of 40 feet, A.C. pavement with a minimum width of 28 feet on approved base, and A.C. dikes. Such off site connection which is necessary to provide access to such street or General Plan highway, shall be acquired and the required improvements shall be constructed by the owner.
(Ord. 2017-07)