Our Zoning Map, General Plan and Zoning Ordinances provide important
protections to many aspects of our community. This measure gives the
Voters of Encinitas final word on major increases in zoning density
or intensity of land use. In doing so, it is the intent of this measure
to:
2.1.1 Protect our natural resources such as lagoons, watershed, riparian,
and wildlife habitat, natural vegetation, bluffs, and hillsides for
our lives, our children's lives and future generations.
2.1.2 Prevent the urbanization of our small town character and maintain
the individual character of our five unique communities.
2.1.3 Ensure infrastructure and public benefits, such as schools, parks,
roads, sewer, and water facilities, are adequately planned and funded
prior to approving any increase in zoning.
2.1.4 Preserve our community's zoning and property rights in perpetuity,
if we so choose.
This measure does not limit development as currently permitted
under existing vested property rights of land owners. It entrusts
the protection of the community's shared property rights, including
the final approval on proposed increased zoning densities, to the
majority vote of the Voters of Encinitas.
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(Ord. 2013-04)
5.1 No Major Amendment of any of the Planning Policy Documents shall
be effective unless and until it is approved by a simple majority
vote of the voting electorate of the City of Encinitas voting "YES"
on a ballot measure proposing the Major Amendment at a regular or
special election. The entire text of a Major Amendment and an easily
readable map of the geographic area affected shall be included in
the sample ballot material which is mailed to registered voters prior
to the election.
5.2 No Major Amendment and no Regular Amendment of any of the Planning
Policy Documents shall be effective unless and until it is approved
by an ordinance adopted by the City Council, but no such amendment
shall be considered until a public hearing is conducted on the proposed
amendment at both the Planning Commission and at the City Council
in the manner provided by state law and advance notice is given as
required by Section 5.3 below.
5.3 No public hearing to consider an amendment of any of the Planning
Policy Documents shall be conducted less than 20 days after the date
a notice accurately describing the proposed amendment is sent by first
class mail to the owners of each parcel of land, and a notice is sent
by first class mail addressed to the occupant of each lawful unit
on each parcel of land, located within a radius measured outward 500
feet from the boundaries of each parcel of land affected by the proposed
amendment.
5.4 The notice described in Section 5.3 shall include at least all the
following information in not less than 13 point type: a. The name
of the applicant proposing the amendment. b. The total acreage of
the area proposed for amendment. c. An easily readable map of all
parcels affected by the amendment, including all street names. d.
The land uses and building density currently allowed for each parcel
affected. e. The land uses and building density proposed to be allowed
for each parcel affected. f. The date, time, and place of the upcoming
public hearing.
5.5 All Major Amendment and all Regular Amendment of any Planning Policy Documents shall be required to adhere to the Encinitas Community Participation Program as described in Chapter
23.06 of the Encinitas Municipal Code.
(Ord. 2013-04; Ord. 2019-04)
6.1 Maximum Height. On and after the date this initiative measure becomes
effective no building or structure shall exceed a maximum height of
two stories or 30 feet.
6.2 Height shall be measured from the lower of the natural or finished grade adjacent to the structure, to the highest portion of the roof immediately above; except for projects on sites with the R-30 Overlay land use designation, which shall be measured as provided by Chapter
30.16 of the Encinitas Zoning Code.
6.3 Exemptions to Height Limit. The following structures are exempted
from this height limit:
a. Medical Complex development projects as provided in Section
30.28.010(C);
b. Specified buildings associated with a public high school on a minimum 10 acre site, as provided in Section
30.28.010(D); and
c. Residential structures proposed on sites designated with the R-30 Overlay land use designation that meet the requirements of the R-30 OL Zone as provided in Chapter
30.16 of the Encinitas Zoning Code, as well as in the DVCM R-30 OL Zone of the Downtown Specific Plan, the N-R3 (R-30 OL), and N-L-VSC (R-30 OL) Zones of the North 101 Corridor Specific Plan; and the ER-R-30 Zone of the Encinitas Ranch Specific Plan.
(Ord. 2013-04; Ord. 2019-04)