City of Encinitas, CA Chapter 30.20 COMMERCIAL ZONES

§ 30.20.010 Development Standards.

A. The development standards described in the table below shall apply to the commercial zones and are minimums unless otherwise stated. These standards shall apply to all land and buildings permitted in their respective commercial zones. In addition to the development standards provided in this chapter, each specific plan identified in Chapter 30.84, Specific Plans, may have separate development standards for commercial zones in their jurisdictional boundaries. Refer to individual specific plans, as referenced in Chapter 30.84, for development standards in commercial zones within adopted specific plans.

ZONE REQUIREMENT	ZONE
	OP	L-LC/LC	GC	L-VSC/VSC
1. Net Lot Area (sq. ft)	10,000	10,000	10,000	10,000
2. Lot Width (ft.)	100	100	100	100
3. Lot Depth (ft.)	100	100	100	100
4. Front Yard Setback (ft.)*	20	20	20	20
5. Side Yard Setback for each interior side (ft.)*	10/10	10/10	10/10	10/10
6. Side Yard Setback street side (ft.)*	20	20	20	20
7. Rear Yard Setback (ft.)	0	0	0	0
8. Lot Coverage (maximum percentage)	40%	30%	30%	35%
9. Building Height (maximum) See Section 30.20.010C6	30 feet or 2 stories, whichever is less
10. Floor Area Ratio (maximum)	0.75	0.75	1.0	1.0
11. Off-Street Parking	(see Ch. 30.54)
12. Landscaping	15%	15%	15%	15%

Notes:

*

Those zones or portions of zones located within specific plan areas shall have front yard and street side yard setbacks ranging from 0-20 feet with interior side yard setbacks ranging from 0-10 feet. Setbacks shall be established through design review and based on existing on- and off-site conditions, prevailing commercial district character, project design, traffic/circulation, building and site design, and the like.

B. Site Planning. The following development standards related to general site planning shall apply:

1. Site planning shall include consideration of adjoining parcels in terms of building configuration, building design, and scale of landscaping materials, circulation/parking configuration and access.

2. The location of freestanding signs shall be integrated with other site planning elements, particularly building location and orientation, landscaping, and access points.

3. All uses shall be located within an enclosed building unless authorized by a minor use permit. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of the Municipal Code.

C. Building Design. The following development standards related to building design shall apply:

1. Visual relief shall be provided for linear buildings by the use of architectural projections or recessed areas that create the appearance of smaller adjoining buildings.

2. The proportion, size, and shape of new or renovated buildings shall be compatible with existing desirable structures in the same area.

3. All buildings are encouraged to minimize energy consumption, using such features as:

a. Cogeneration;

b. Solar access;

c. South facing windows with eave coverage;

d. Double glazed windows;

e. Deciduous shade trees;

f. Earth berming against exterior walls;

g. Good ventilation;

h. Efficient lighting;

i. Day lighting.

4. Buildings with a monochromatic appearance shall be avoided through the use of complementary colors.

5. All signs associated with the buildings and site shall be integrated in terms of both architecture and color and shall comply with applicable City sign regulations contained in Chapter 30.60.

6. Building heights may be modified or lowered in order to maintain a reasonable portion of the significant views enjoyed by nearby properties.

7. Floor area ratio (FAR) shall limit the amount of floor area of a building on a lot or lots. For purposes of determining FAR, the following floor area is excluded.

a. Floor area covered by a roof of open construction, such as a trellis, sunscreen or lattice work, where the total square footage of the open spaces of the covering is 50% or more of the total square footage of the floor area below.

b. Floor area whose walls are of open construction, such as a trellis, sunscreen or lattice work, or partial wall where 50% or more of the total square footage of the vertical planes of the perimeter of the bulk floor area is open. Columns to support structure above shall not count toward this 50%, such that typical open building recess areas and patios are not counted as floor area.

c. Floor area which has less than five feet of headroom between the floor and the ceiling.

d. That portion of the floor in the basement.

e. Floor area used solely for the capture, distribution or storage of solar energy.

D. Additional Setbacks and Separation from Adjacent Land Uses. The following development standards related to setbacks and separation from adjacent land uses shall apply:

1. A minimum setback of 25 feet shall be required wherever a lot in a commercial zone abuts a lot in any residential zone. This setback may be used for required open off-street parking areas;

2. Where a commercial use abuts property in any residential zone, a masonry wall of no less than six feet in height and may be increased to eight feet to resolve any noise or visual impacts measured from the highest finished grade at the property line shall be erected and maintained as separation between the commercial and residential uses. Where the adjacent grade of the abutting residential property is four or more feet lower or higher than the commercial site, the masonry wall shall be a minimum of six feet in height. In addition, 15 gallon trees, 25 feet on center, and shrubbery between the trees shall be installed and maintained along the inside of the wall in a raised planter at least five feet in width to provide a dense landscape screen. Smaller sized trees may be approved provided the trees reach a desired maturity height within three years after project occupancy;

3. To allow for flexibility in building design and variation/offset in the line of exterior building walls, an average setback may be used for front and street side yards which is not less than the minimum setback required by this chapter. Where an averaged setback is used, the minimum setback for any portion of the building shall be no less than 10 feet;

4. Required front and street side yards shall be landscaped. This landscaping shall consist predominantly of plant materials except for necessary walks and driveways;

5. Whenever off-street parking areas are situated across the street from property in a residential zone, a masonry wall or berm three feet in height shall be erected in the landscaped area between the required landscape area and the parking area to adequately screen the parking area from the residential properties.

E. Access, Circulation, and Parking. The following development standards related to access, circulation, and parking shall apply:

1. Where feasible, access shall be taken from adjoining collector or local roadways, rather than from a primary arterial or major roadway;

2. Where access to a primary arterial or major roadway is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet;

3. Access points to adjoining lots shall be shared wherever feasible;

4. Major access points to centers or groups of parcels sharing a single point of ingress and egress shall be coordinated with openings in existing or planned medians and access points on the opposite side of the roadway;

5. Reciprocal ingress and egress, circulation, and parking arrangements shall be required to facilitate the ease of pedestrian, bicycle and vehicular movements between adjacent residential and non-residential land uses to the extent feasible;

a. Pedestrian and bicycle interconnecting circulation includes, but is not limited to, safe and clearly designated passages, walkways, trails, courtyards, breezeways, and/or bridges.

b. The interconnection of pedestrian and bicycle circulation shall include, but not be limited to, the dedication of easements for future connectivity and circulation between adjacent land uses.

6. Sidewalks or other safe pedestrian walkways shall be located along streets in all commercial areas;

7. Parking areas shall be screened by earth mounding, landscaping, low decorative walls, lowering the grade of the parking area below the street grade, or a combination of any of these methods.

F. Auxiliary Structures/Equipment and Utilities. The following development standards related to auxiliary structures/equipment and utilities shall apply:

1. All roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties;

2. All ground mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, or landscaping, or shall be enclosed within a building;

3. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, with the exception of existing overhead power transmission lines in excess of 34.5 KV and long distance and main trunk communications facilities. Transformer, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities may be placed above ground provided they are screened with landscaping;

4. Trash receptacles and adequate areas for collecting and loading recyclable materials enclosed by a six-foot high masonry wall with view obstructing gates shall be provided in an acceptable location;

5. Outdoor storage and sales areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or chain link and view obscuring material may be approved during design review. This requirement does not apply to temporary outdoor sales areas, car lots, or agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of the Municipal Code.

G. Landscaping. The following development standards related to landscaping shall apply:

1. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief;

2. A combination of deciduous and evergreen trees shall be used for site landscaping, but deciduous trees shall be used primarily along southern and western building exposures to reduce summer sun exposure and increase winter sun exposure;

3. Landscaping in parking areas shall include one 15-gallon tree for every six parking spaces evenly distributed throughout the parking area. Smaller sized trees may be approved provided the trees reach a desired maturity height within three years after project occupancy;

4. Site landscaping shall include a combination of trees, shrubbery, vines, and ground-covers, all of which shall be drought tolerant;

5. All landscaped areas shall be watered by an automatic irrigation system and regularly maintained in a healthy and thriving condition free of weeds, trash, and debris;

6. A minimum of 15% of the site area shall be landscaped and street trees, at least 15 gallons in size, shall be provided at an average of every 40 feet along all street frontages;

7. Varieties of plants chosen for landscaping may be restricted through the development review process to protect or preserve views. All required plantings shall be maintained in good growing condition, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with required landscaping, buffering, and screening requirements. All required landscaping shall be maintained in a manner that will not depreciate adjacent property values or otherwise adversely affect adjacent properties.

H. Lighting. The following standards related to lighting shall apply:

1. Lighting placed upon the building shall be architecturally integrated;

2. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. Freestanding lamp posts shall be no taller than 18 feet. The intensity of light at the boundary of any commercial zone shall not exceed 75-foot lamberts from a source of reflected light.

I. In addition to the above, a medical complex shall be allowed up to three stories and up to 1.0 floor area ratio. FAR shall be established through a conditional use permit and approved by the authorized agency.

J. Accessory Structures and Walls/Fences. The following development standards related to accessory structures and walls/fences shall apply:

1. Accessory structures shall not be located in front of or on the street side of the main building(s);

2. Accessory structures shall meet all of the setback requirements for main buildings;

3. Architectural features, such as canopies, eaves, steps, balconies, stairways, and others may project not more than four feet into any required setback area;

4. In any required front or street side yard area, a wall or fence shall not exceed four feet in height. In the required front or street side yard, where a retaining wall is used to increase usable lot area, a wall or fence not exceeding four feet in height may also be erected, provided that the wall or fence is set back a minimum of five feet from the retaining wall;

5. Electrical fencing is prohibited. Barbed wire is permitted for security purposes. Design review under the authority of the Planning and Building Director shall be required when the barbed wire is visible from a public street.

K. Condominium Conversion. The conversion of the project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements for the screening of storage/sales areas or mechanical equipment be waived.

(Ord. 89-41; Ord. 93-14; Ord. 94-02; Ord. 97-17; Ord. 2003-08; Ord. 2015-01; Ord. 2016-08; Ord. 2017-03; Ord. 2019-24)

§ 30.20.020 Special Provisions.

A. Planned Commercial Development. The planned commercial development (PCD) regulations are intended to facilitate development of areas zoned for commercial use by permitting greater flexibility in the commercial land use regulations and site development standards where flexibility or coordinated planning for a commercial site or contiguous commercial sites under multiple ownership will enhance the potential for superior urban design.

1. Applicability. A planned commercial development proposal may be approved for any commercially zoned property as defined in Chapter 30.20.

2. Zoning Map Amendment and Major Use Permit Required. Adoption of a PCD proposal shall be by amendment to the zoning map pursuant to Chapter 30.72 (Zoning Amendments), but the zoning map amendment shall not alter the commercial use regulations or development standards of the underlying zoning district. A major use permit, pursuant to Chapter 30.74 (Use Permits), approving a planned commercial development plan and/or text shall be adopted by the City Council at the same time as the zoning map amendment for the purpose of including conditions relating to the timing of development, transfer of floor area ratio (FAR), design, modification and restriction of uses, modifications to site development standards, and other appropriate matters.

3. Pre-Application Conference. Prior to submitting an application for a zoning map amendment and major use permit for a planned commercial development proposal, it is recommended that a prospective applicant shall consult with the Planning and Building Department to obtain information and to inform the Department of the applicant's intentions.

4. Allowable Modifications to Development Standards and Use Regulations of the Underlying Zoning District. After a duly noticed public hearing, the following changes in development standards and use regulations may be approved as part of a planned commercial development plan and/or text:

a. Allowable FAR may be transferred between contiguous lots or parcels within all commercial zoning districts with a planned commercial development proposal, provided that an instrument satisfactory to the City Attorney and Planning and Building Director shall be recorded limiting FAR on all contiguous lots or parcels from and to which FAR is transferred and the cumulative overall maximum FAR for all contiguous lots or parcels within the boundaries of the proposed PCD is not exceeded.

b. Site development standards (not including maximum FAR, maximum building height standards, and maximum height of freestanding signs) of the base zoning district or overlay district with which a PCD designation is combined may be modified by a planned commercial development plan and/or text. In addition, the number of parking spaces required may be modified only as provided by Chapter 30.54 (Off-Street Parking).

c. A planned commercial development plan and/or text may further restrict uses permitted in the underlying base district, but it may not permit additional uses that would not normally be permitted by right or by use permit within the underlying base zoning district in which the planned commercial development site plan and/or text is located. In all cases, a PCD plan and/or text may not increase the percentage of non-principal uses and required off-street parking allowed on the ground floor of property zoned for visitor-serving commercial (L-VSC and VSC).

5. Application for Designation. A proposal for a PCD zoning map amendment and a major use permit for a PCD plan and/or text may be initiated by the City Council, or by 100% of the owners of the contiguous land area within the boundaries of the proposed planned commercial development as prescribed by Chapters 30.72 and 30.74 of this title.

An application initiated by property owners shall include:

a. A map indicating the proposed boundaries of the PCD; the property limits of each property owner; and the applicable zoning and land use designations.

b. A planned commercial development plan and/or text consisting of a map and textual material as may be necessary to delineate land uses and locations, existing and projected building types and designs, height and FAR, including any proposals for transfer of FAR, site development standards, including setbacks and lot coverage, existing and proposed open space, circulation, parking, and any other pertinent information as prescribed by Chapter 30.74.

c. A comparison between underlying zoning district use regulations and development standards and any proposed modifications to these use regulations and development standards, together with a traffic report analyzing the resulting impacts on the traffic-carrying capacity of affected streets.

d. A statement of justification for any requested modifications to use regulations or development standards and a description of the proposed means of mitigating any identified adverse effects.

e. A statement of justification specifically addressing the required findings of fact for approval of a PCD proposal as specified in Section 30.20.020A6c.

f. Any other informational items deemed necessary by the Planning and Building Director in order to fully analyze and review the proposed development.

6. Adoption of a PCD Zoning Map Amendment and a PCD Plan and/or Text.

a. The Planning Commission shall hold a duly noticed public hearing on the application in accordance with the provisions of Chapters 30.72 and Chapter 30.74. Following the hearing, the Planning Commission may recommend approval of the zoning map amendment and the major use permit for the plan and/or text if they implement the purposes for which designation of a PCD is proposed, and shall transmit the application to the City Council.

b. The City Council shall hold a duly noticed public hearing as provided by Chapters 30.72 and 30.74 on any PCD proposal transmitted to the City Council by the Planning Commission.

c. Following the duly noticed public hearing, the City Council may adopt a zoning map amendment for a planned commercial development designation for the area described in the application and a major use permit for a planned commercial development plan and/or text only after making the findings of fact as prescribed by Chapters 30.72 and 30.74 in addition to the following findings of fact:

i. That the approval of a planned commercial development zoning designation and a planned commercial development plan and/or text:

(A) Will enhance the potential for superior urban design in comparison with commercial development under the regulations that would exist if the planned commercial development plan and/or text were not approved;

(B) Is consistent with the adopted Land Use Element of the General Plan/Local Coastal Plan and other applicable General Plan/Local Coastal Plan policies;

(C) Is consistent with all applicable provisions of the adopted Municipal Code and other applicable provisions of the Local Coastal Program Implementation Plan, except as otherwise modified by the PCD plan and/or text;

(D) Is compatible with existing development in the surrounding area it will directly affect;

(E) Includes adequate provisions for utilities, services, and emergency vehicle access, and public service demands will not exceed the capacity of existing systems and/or systems upgrades to be constructed concurrently with development of the PCD; and

ii. That traffic expected to be generated by development in accordance with the planned commercial development plan and/or text will not exceed the City's established acceptable capacity standard on all affected streets, as defined in the Circulation Element of the General Plan.

d. The City Council's final determination on a zoning map amendment for a planned commercial development proposal shall be by ordinance pursuant to Chapter 30.72. The adopting ordinance shall include a reference to the major use permit approving the planned commercial development plan and/or text for the property and a list of the modifications to the base zoning district regulations and permitted uses.

e. The City Council's final determination on a major use permit for a planned commercial development plan and/or text proposal shall be by written resolution pursuant to Chapter 30.74.

7. Effective Date—Expiration of Approval—Extension of Approval—Modification of Approval.

a. Effective Date. A planned commercial development plan and/or text shall become effective on the same date the ordinance adopting the planned commercial development zoning map amendment becomes effective or, when subject to the jurisdiction of the California Coastal Commission, upon the effective date of the Coastal Commission's action on the Local Coastal Plan amendment pursuant to the provisions of this title.

In cases where only a planned commercial development text is approved, the planned commercial development text shall become effective on the same date the ordinance adopting the planned commercial development zoning map amendment becomes effective or, when subject to the jurisdiction of the California Coastal Commission, upon the effective date of the Coastal Commission's action on the Local Coastal Plan amendment pursuant to the provisions of this title, and shall remain in effect indefinitely, unless a subsequent zoning map amendment is approved by the City Council.

b. Expiration of Approval. A major use permit approving a planned commercial development plan and/or text shall lapse two years after the effective date of approval, or at an alternate time specified as a condition of approval unless:

i. A grading permit has been issued and grading has been diligently pursued; or

ii. A building permit has been issued. If the construction authorized by the building permit has not started within the time period specified in the City's adopted building code, or, if the construction authorized by the building permit has started within the time period specified in the City's adopted building code, but is not diligently pursued thereafter, the major use permit shall be deemed null and void; or

iii. An occupancy permit has been issued; or

iv. The approval is extended pursuant to Section 30.20.020A7c.

c. Extension of Approval. The Director may, upon written request by the applicant, grant reasonable extensions of up to a total of two additional years for the major use permit approving a planned commercial development plan and/or text, 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 major use permit, together with the required application fee. Upon proper filing of an application for extension, public notice shall be made according to the provisions of Chapter 30.01 as modified by Chapter 30.74. A public hearing is not required.

d. Modification of Approval. A request for modifications in a major use permit for a planned commercial development plan and/or text, or a modification to the planned commercial development plan and/or text that would affect a condition of approval of the major use permit, shall be treated as a new application. The Director may waive the requirement for a new application if the modifications requested are minor, do not involve substantial alterations or addition to the planned commercial development plan and/or text or the conditions of approval, and are consistent with the intent of the approval or otherwise found to be in substantial conformance consistent with Section 30.74.105 of this title.

8. Change of Zoning Map. Each PCD planned commercial development proposal shall be shown on the official zoning map by a "-PCD" designator applied to the base zoning district designation, numbered and identified sequentially by order of enactment and referenced to the enacting ordinance. The Director shall cause the official zoning map to be modified immediately following the effective date of the ordinance or, when subject to the jurisdiction of the California Coastal Commission, upon the effective date of the Coastal Commission's action on the Local Coastal Plan amendment pursuant to the provisions of this title.

9. Grading and Building Permits. All proposed structures or alterations must be consistent with the adopted planned commercial development plan and/or text for the issuance of grading and building permits.

B. Time-Share Projects. Time-share projects as defined in Chapter 30.04 of this Code shall be subject to the following regulations in addition to the development standards and design criteria of the commercial zone as established by this chapter:

1. All time-share projects shall require a major use permit. In addition to the mandatory findings required for the issuance of a conditional use permit under Chapter 30.74 (Use Permits), the authorized agency shall also find:

a. That the time-share project is located in reasonable proximity to an existing resort or public recreation area, and therefore can financially and geographically function as a successful time-share project, and the project will thus not be disruptive to existing or future uses in the surrounding neighborhood.

b. All proposals for time-share projects shall be accompanied by a detailed description of the methods to be employed to guarantee the adequacy, stability and continuity of a satisfactory level of management and maintenance. A management and maintenance plan shall be approved as, and made a part of, the permit for the project and shall be recorded in the County Recorder's office referenced to the subject property to ensure to successors in interest.

c. For proposals in the Coastal Zone, the management and maintenance plan shall also demonstrate how a reasonable number of units within the time-share resort project will be made available to the general public for reasonably priced transient overnight accommodations during the course of each calendar year. The plan shall include an aggressive marketing program to maximize exposure of rental possibilities to a broad spectrum of the public. For properties located in all visitor serving commercial zones within the Coastal Zone, the specific criteria for the aggressive marketing program would be related to the specific project and would be reviewed and conditioned as part of the coastal development permit application to ensure 25% of the units are made available for the general public at all times. The marketing strategy would include a specific program to make sure that all vacant units are made available to the general public.

d. A sales plan shall address the time, location and methods that will be used to sell the time-share resort estates or uses. Factors to be defined in the plan shall include, but are not limited to: the location, length, and marketing methods that will be used. The sales plan shall include such information as the Director requests for the purpose of determining that the sales effort of the project will not create a traffic or safety problem and will not otherwise be a nuisance to the neighborhood.

2. The maximum time increment for recurrent exclusive use of occupancy of a time-share unit shall be no more than 30 consecutive days nor more than a total of 60 days in any 12-month period. However, a time-share project may include a permanent on-site management residence.

3. Approval of a time-share project shall include approval to operate a hotel in the event that the project cannot be successfully marketed as a time-share project.

(Ord. 95-02; Ord. 96-07; Ord. 2003-08; Ord. 2015-01)