City of Encinitas, CA ENCINITAS RANCH ZONING ORDINANCE

6.05 OVERVIEW.

The Encinitas Ranch Specific Plan is intended to preserve and promote agricultural uses, encourage recreation, and provide for natural habitat protection, while providing for the development of land in a manner consistent with the character and needs of the City of Encinitas. To accomplish these goals, this Specific Plan includes this zoning ordinance which sets forth permitted uses and development standards for various land use areas known as "zones" located within the Encinitas Ranch Specific Plan Area. This Specific Plan identifies a total of ten separate zones within Encinitas Ranch, as follows:

▪	Agricultural Zone ("AG" Zone)
▪	Open Space Zone ("OS" Zone)
▪	Single Family Residential Zones; Encinitas Ranch single family residential three dwelling units per acre ("ER-SFR3"), Encinitas Ranch single family residential three dwelling units per acre, variable ("ER-SFR3V") and Encinitas Ranch single family residential five dwelling units per acre ("ER-SFR5")
▪	Multi-Family Residential Zone; Encinitas Ranch multi-family family residential thirty dwelling units per net acre ("ER-R-30" Zone)
▪	Mixed-Use Zones ("ER-MU1" and "ER-MU2" Zones)
▪	Commercial Zone ("ER-C" Zone)
▪	Public/Semi-Public Zone ("P/SP" Zone)

In addition to the above zones, there is a Park and Recreation overlay which may be applied to any of the above zones. However, the Park and Recreation overlay does not apply to areas designated as "OS", with the exception of the linear greenbelt/recreation area located adjacent to El Camino Real in Green Valley, south of Leucadia Boulevard and portions of the open space and portions of the trail system in the South Mesa. A Park and Recreation overlay will apply to this linear greenbelt/recreation area. Also, this zoning ordinance includes standards for Agricultural Uses, Outdoor Dining, and Interim Uses.

The above zones do not relate to specific Planning Areas within the Encinitas Ranch project boundaries; rather, they refer to land uses such as commercial, residential, agriculture, open space, and mixed-use. In order to minimize confusion for individuals using this zoning ordinance who are not familiar with the various Planning Areas in Encinitas Ranch, this section of the Specific Plan has been developed to function independently of the rest of the document as much as possible. While in some cases, references to specific Planning Areas are unavoidable, it is not generally necessary to know in which Planning Area a particular zone is located in order to determine the uses permitted in the zone and the development standards which apply to each zone. To determine the applicable zone for a specific area in Encinitas Ranch, refer to Figure 25, Zoning Map, which designates the approximate sizes, configurations, and locations of each zone.

As an aid in cross-referencing between these zones and the Planning Areas, Table 6-2, Zoning Categories, is included in this Specific Plan. To use Table 6-2, find the column marked "Planning Areas". Underneath this heading, each Planning Area within Encinitas Ranch is listed separately. To the right of this column, are several other columns, each listing a particular zoning category. A small black square underneath each zoning category indicates which zones apply to each Planning Area. For example, using the Green Valley Planning Area as a typical case, the "OS", "ER-C", and "ER-MU1" zones, as well as the Interim Use Standards apply to Green Valley. The next step is to refer to the Zoning Map (see Figure 25) to determine the size, configuration, and location of each of these zones within Green Valley. To minimize possible confusion, the Zoning Map shows only the zones; no Planning Areas are delineated. If uncertain where the limits of each Planning Area are located, please refer to Figure 5, Planning Areas. Table 6-2 also indicates the zoning standards that apply to the various zoning categories. For instance, the Outdoor Dining Standards are applicable to only the "ER-C", "ER-MU1", and "ER-MU2" zones and the Interim Use Standards.

The table below designates the zoning categories that are applicable to each Planning Area within the Encinitas Ranch Specific Plan Area. Refer to Figure 25, Zoning Map, for the location, size, and configuration of the individual zones within each Planning Area.

TABLE 6-2 ZONING CATEGORIES
PLANNING AREAS	ZONING CATEGORIES
PLANNING AREAS	AG ZONE	OS ZONE	P/SP ZONE	ER-SFR3 ZONE	ER-SFR3V ZONE	ER-SFR5 ZONE	ER-R-30 ZONE	ER-C ZONE	ER-MU1 ZONE	ER-MU2 ZONE
GREEN VALLEY		X						X	X
QUAIL HOLLOW EAST		X		X
NORTH MESA	X	X	X	X		X
SOUTH MESA	X		X		X
SIDONIA EAST	X			X		X	X
QUAIL GARDENS EAST			X
EAST SAXONY	X
WEST SAXONY										X

SPECIAL ZONING DISTRICTS & USES	OS ZONE	P/SP ZONE	ER-SFR3 ZONE	ER-SFR3V ZONE	ER-SFR5 ZONE	ER-R-30 ZONE	ER-C ZONE	ER-MU1 ZONE	ER-MU2 ZONE
AG USES IN A NON-AG ZONE		X	X	X	X	X	X	X	X
PARK & REC OVERLAY	X(1)	X		X	X	X	X	X	X
OUTDOOR DINING STANDARDS							X	X	X

Notes:
⁽¹⁾	Note: The only area designated as "OS" within the Encinitas Ranch Specific Plan Area that is subject to a Park & Recreation overlay is the linear greenbelt/recreation areas located adjacent to El Camino Real, south of Leucadia Boulevard. The Park and Recreation overlay does not apply to any other "OS" Zones within the Encinitas Ranch Specific Plan Area.

How does the Encinitas Ranch Zoning Ordinance relate to the City of Encinitas Zoning Ordinance?

In accordance with California Government Code §65860, each city within California must adopt a zoning ordinance which is consistent with the city's general plan. The City of Encinitas has adopted a zoning ordinance that is consistent with and serves to implement the City's adopted General Plan. Both the Encinitas Ranch Specific Plan and the Encinitas Ranch Zoning Ordinance are designed to be consistent with the City's General Plan.

The nine zones identified and discussed within the Encinitas Ranch Zoning Ordinance, as well as the Park and Recreation overlay and the Outdoor Dining Standards and Interim Use Standards apply only to the Encinitas Ranch Specific Plan Area. These zones and standards do not apply outside of the Specific Plan Area boundaries. The Encinitas Ranch Zoning Ordinance shall supersede all provisions, standards, and requirements of the City of Encinitas Zoning Ordinance. If a conflict arises between Title 30 and the Encinitas Ranch Zoning Ordinance, then the standards contained in the Encinitas Ranch Zoning Ordinance shall take precedence.

Definitions

The individual words and groups of words used in the Encinitas Ranch Zoning Ordinance are defined in Chapter 30.04 in Title 30 of the City of Encinitas Zoning Ordinance.

Portions of the City's Municipal Code are Incorporated by Reference into this Specific Plan

To prevent unnecessary redundancy between the Encinitas Ranch and the City of Encinitas Municipal Code, the following chapters and sections in Title 30, as adopted and subsequently amended by the City of Encinitas, are incorporated in their entirety by reference into the Encinitas Ranch Zoning Ordinance, unless otherwise amended or qualified within Section 6.0 of this document:

▪	Chapter 9.25 – Cannabis Activity Zoning Ordinance of Encinitas
▪	Chapter 23.08 – Design Review
▪	Chapter 23.24 – Grading, Erosion & Sedimentation Control
▪	Chapter 24 – Subdivisions
▪	Chapter 30.01 – General Provisions
▪	Chapter 30.04 – Chapter Definitions
▪	Section 30.16.010B – All Residential Zones
▪	Section 30.16.010F – Fences and Walls
▪	Section 30.16.020B – Planned Residential Development
▪	Section 30.16.050 – Single Room Occupancy Housing
▪	Chapter 30.26 – Adult Businesses
▪	Chapter 30.28 – Public/Semi-Public Zone
▪	Chapter 30.34 – Special Purpose Overlay
▪	Chapter 30.40 – Performance Standards
▪	Chapter 30.46 – Temporary Use Regulations
▪	Chapter 30.48 – Accessory Use Regulations
▪	Chapter 30.54 – Off-Street Parking
▪	Chapter 30.55 – Animal Regulations
▪	Chapter 30.56 – Recycling Facilities
▪	Chapter 30.60 – Signs
▪	Chapter 30.72 – Zoning Amendment
▪	Chapter 30.74 – Use Permits
▪	Chapter 30.76 – Nonconformities
▪	Chapter 30.78 – Variances
▪	Chapter 30.80 – Coastal Development Permit
▪	Chapter 30.86 –Reasonable Accommodations

The following provisions and zones shall apply throughout the Encinitas Ranch Specific Plan Area, subject to the following conditions.

List amended 8/23/95 (Reso. 95-91), 3/18/98 (Reso. 98-17), 2/13/02 (Ord. 2002-02), 11/20/19 (Ord. 2019-15), 11/27/19 (Ord. 2019-16), 8/11/21 (Ord. 2021-04); paragraph amended 3/18/98 (Reso. 98-17); (Ord. 2019-04)

6.1 AGRICULTURAL USES IN A NON-AGRICULTURAL ZONE.

In all zones except the Open Space Zone, agricultural uses shall be permitted subject to the development and design guidelines of the Agricultural Zone; provided new agricultural uses in any Residential Zone shall require a Minor Use Permit. So long as any Williamson Act (Agricultural Preserve) contract is in effect for any area, use of such land shall be limited to the permitted agricultural uses. However, any land not zoned as open space and not under a Williamson Act contract may be used for agricultural operations until such land is developed pursuant to this Specific Plan.

Agricultural uses requiring permanent structures other than greenhouses and limited agricultural associated facilities (such as small laboratories, offices, packing sheds, and other similar uses), shall be permitted as a principal use in all Agricultural Zones.

(Reso. 98-17)

6.2 AGRICULTURAL ZONE ("AG" ZONE).

6.2.1

DESCRIPTION OF AGRICULTURAL ZONES

Four separate areas within the Specific Plan Area are within the Encinitas Ranch Agricultural Zone; 68.0 acres within the East Saxony Planning Area, 26.3 acres within the South Mesa Planning Area, 10 acres within the North Mesa Planning Area and 9.0 acres within the Sidonia East Planning Area. The Agricultural Zone provisions below have been written broadly in order to encourage the continued agricultural use of portions of the Specific Plan Area and to provide a favorable setting in which to continue agricultural operations.

6.2.2

USES PERMITTED

Permitted Uses. Subject to the provisions of Sections 6.2.2F and G below, the following uses shall be permitted in any area designated as an Agricultural Zone within the Encinitas Ranch Specific Plan.

Agricultural facilities, such as, greenhouses, tissue labs, related production and office facilities, and related marketing/distribution facilities (excluding retail sales).

Agriculture, arboriculture, and floriculture operations.

Agricultural support services when associated with on-site primary agricultural uses and provided that such uses are located with access to a Circulation Element Road.

Biotechnical and biogenetic uses and research operations when associated with on-site primary agricultural uses and provided that such uses are located with access to a Circulation Element Road.

Botanical garden.

Cannabis - Commercial Cultivation.⁴

Cannabis - Product Manufacturing.⁴

Future farmers, 4-H, or similar projects.6-6

Horticultural services.

Industrial Hemp.⁴

Nurseries, horticultural (wholesale).

Orchard and tree crops (including Christmas trees).

Parking lots, only for permitted uses.

Qualified employee housing (six or fewer employees).¹

Qualified employee housing (seven or more employees).²

Recreation trails and paths, paved or unpaved.

Recycling of organic agricultural waste products and by-products for use within the Specific Plan Area.

Residential Care, Limited (6 or fewer)

Roadside sales of agricultural products. Operation of a stand, not to exceed an area of 500 square feet, for the display and sale of agricultural products. Said stand to be located not nearer than 15 feet to any street or highway, provided the roadside stand is not located within the Landscape Development Zone.

Signs, not to exceed 32 square feet in area per side or eight feet in height, advertising only the sale of the services or the products produced on the premises. Said signs may be double-sided and shall be stationary, unlighted, and contain no flashing or blinking objects or banners. There shall be a limit of one sign per use, provided that two signs per use are permitted if the use is accessible from two or more Circulation Element Roads. These two signs must be parallel to each other if located along the same road, and cannot be perpendicular to one another if located within 50 yard of one another.

Single dwelling unit.

Supportive Housing³

Transitional Housing³

Water reservoir.

Notes:
1	Shall be deemed a single-family residence and subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
2	Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for requirements.
3	Supportive and Transitional Housing are residential uses and are subject to only those restrictions that apply to other residential uses of the same type in the same zone.
4	See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.

Major Use Permit. The following uses are permitted provided a Major Use Permit is approved pursuant to the Municipal Code.

Agricultural biotechnical and biogenetic uses and agricultural research operations when intended as primary uses.

Agricultural support services when intended as a primary use.

Recycling of organic agricultural waste products and by-products for use outside the Specific Plan Area.

Minor Use Permit. Each of the following uses are permitted provided a Minor Use Permit is approved pursuant to the Municipal Code.

Nurseries, horticultural (retail) – covered or uncovered.

Roadside sales of agricultural products. Operation of a stand, greater than 500 square feet but not exceeding an area of 1,500 square feet, for the display and sale, by the occupant of the premises, of agricultural products. Said stand to be located not nearer than 15 feet to any street or highway, provided the roadside stand is not located within the Landscape Development Zone.

Permitted Accessory Uses. Any use that is not specifically listed in Subsections A, B, and C, above, may be considered a permitted accessory use provided that the Director of Community Development finds that the proposed accessory use is substantially the same in character as those listed in the designated subsections. Accessory uses are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the primary use(s). Such a use is subject to the permit process which governs the category in which it falls.

Animal Regulations. The keeping of large domesticated animals and/or wild or undomesticated animals shall be subject to the requirements of Chapter 30.55, Animal Regulations, of Title 30, Zoning, of the City of Encinitas Code.

Prohibited Uses. The following uses are prohibited within any Agricultural Zone within the Encinitas Ranch Specific Plan Area:

Animal waste processor.

Feed lot, cattle ranch or dairy farm.

Incineration of agricultural materials when not associated with on-site primary agricultural uses.

Pig farm.

Poultry farm.

Activities involving the commercial agriculture use of animals similar in nature or character to any of the foregoing (provided, incidental activities such as Future Farmers, 4-H, or similar projects and other activities accessory or ancillary to otherwise permitted agricultural activities shall be permitted).

Limitations in Agriculturally Zoned Areas. Except with respect to greenhouses and other crop protection structures, the provisions set forth below shall apply to the agriculturally zoned area within the Specific Plan Area. Said provisions are in addition to all other provisions within this Specific Plan applicable to the Agricultural Zone.

Lighting, parking and other similar facilities shall be oriented to minimize impacts on adjacent residential areas to the extent reasonably feasible and consistent with agricultural operations.

When adjacent to residentially zoned areas and public streets, the fifty-foot setback (see Zone Standards Table in Section 6.2.3B) shall be increased by two feet for every foot building height exceeds 35 feet.

No field crops shall be allowed within fifty feet from the western boundary of the Sidonia East Planning Area, north of Leucadia Boulevard.

Concurrent with any new development (not including remodels, repairs and maintenance) adjacent to Sidonia Street the property owner shall screen the new development by installing drought tolerant landscaping 25 feet in width, provided the emergency access point to Sidonia Street shall not be landscaped. The 25 feet of landscaping shall be measured from the existing edge of pavement as of the date of adoption of this Specific Plan (approximately 28 feet). A 5 foot fence shall be located at the eastern edge of the 25 foot landscaped area. The property owner may elect to install an additional fence that is visually open up to 5 feet in height on the property line for the purpose of securing the property. Any trail located within the 25 foot landscaped area shall be located within the public right-of-way. Drought tolerant landscaping along Sidonia Street shall be maintained by the property owner. When new development is located adjacent to Leucadia Boulevard and Quail Gardens Drive, the property owner shall install a 5 foot fence at the edge of the Landscape Development Zone.

Design Review. All new buildings, new landscaping or new construction within the agricultural Zone shall be subject to the provisions of Chapter 23.08 of the City of Encinitas Municipal Code, Design Review, excluding new buildings, new landscaping or new construction meeting the criteria described in 1 or 2:

New buildings, new landscaping or new construction for agricultural uses permitted by right with structures (a) located a minimum of 100 feet from the western boundary of the Sidonia East Planning Area or any public street, and (b) not exceeding a height of 35 feet.

Greenhouses and related facilities not exceeding a height of 35 feet.

Performance Standards. The performance standards of the Municipal Code (Chapter 30.40) shall apply. Concurrent with new development (not including remodels, repairs and maintenance), roof or ground-mounted mechanical equipment, outdoor storage, and parking shall be screened from public streets through the use of structure design, structure/operation locations, existing fencing, existing landscaping or the provision of new landscaping/fencing. All lighting shall be directed on-site.

6.2.3

DEVELOPMENT STANDARDS

Building Height Limits: Non-residential agricultural structures shall be limited to 35 feet and residential structures shall be subject to the provisions of City of Encinitas Municipal Code Section 30.16.01B7. The 35 foot limit for non-residential agricultural structures may be increased up to 45 feet to accommodate greenhouse gables, extreme roof pitch and two story centralized warehouse/office areas for storage, automated equipment or other similar needs requiring extraordinary interior ceiling clearance, provided the aggregate footprint of all structures exceeding 35 feet in height may not exceed 10% of the aggregate footprint of all structures (including greenhouses) located on the parcel in which the structures exceeding 35 feet are located.

Specific Agricultural Zone Standards:

1. Specific Agricultural Zone Standards—Agricultural Uses⁽³⁾	AG Zone
	Greenhouse and Other Crop Protection Structures	All Other Agriculture Buildings
Maximum Percentage of Net Area Covered with Buildings/Structures	No requirement	No requirement
Minimum Lot Area⁽¹⁾	10 AC	10 AC
Minimum Lot Width	No requirement	No requirement
Minimum Lot Depth	No requirement	No requirement
Front Yard Setback	No requirement	No requirement
Street Side Yard Setback	No requirement	No requirement
Interior Side Yard Setback	No requirement	No requirement
Rear Yard Setback	No requirement	No requirement
Minimum Setback for any Structure Adjacent to Public Streets and Residentially Zoned Areas	25 FT	50FT
Maximum Encroachments into Yards⁽²⁾	4 FT for all yards	4 FT for all yards
Minimum Distance Between Buildings	No requirement	No requirement
Minimum Setback for Any Building from Offsite, Non-residential zones	10 FT	10 FT

Notes:
⁽¹⁾	May be reduced to allow qualified employee housing and to isolate areas in which development is restricted. This may also be reduced to 5 acres in the Sidonia East Planning Area to accommodate "agrihood" development.
⁽²⁾	Includes encroachments by chimneys, fireplaces, steps, stairs, eaves, porches, balconies, decks, bay windows, planters, and similar architectural features.
⁽³⁾	Setbacks shall apply in the Agricultural Zone regardless of the status of a Williamson Act contract.

2. Specific Agricultural Zone Standards — Residential Uses	AG Zone
Maximum Percentage of Net Area Covered with Buildings/Structures	No requirement
Minimum Lot Area ⁽¹⁾	10 AC
Minimum Lot Width	No requirement
Minimum Lot Depth	No requirement
Front Yard Setback	25 FT
Street Side Yard Setback	20 FT
Interior Side Yard Setback	15 FT
Rear Yard Setback	25 FT
Maximum Encroachments into Yards⁽²⁾	4 FT for all yards
Accessory Building Encroachments into Yards	No encroachment permitted into front or streetside yards; 10 FT encroachment permitted into interior side and rear yards.
Minimum Distance Between Buildings	10 FT

Notes:
⁽¹⁾	May be reduced to allow qualified employee housing and to isolate areas in which development is restricted. This may also be reduced to 5 acres in the Sidonia East Planning Area to accommodate "agrihood" development.
⁽²⁾	Includes encroachments by chimneys, fireplaces, steps, stairs, eaves, porches, balconies, decks, bay windows, planters, and similar architectural features.

Maximum Net Housing Density: One single family detached dwelling unit per 10 acres. Qualified employee housing may be developed in all agricultural zones in conjunction with an existing or proposed agricultural use pursuant to Encinitas Municipal Code 30.48.040(R). Allowable density, lot size, and building setbacks for qualified employee housing shall be determined at the Minor Use Permit stage.

List added 3/18/98 (Reso. 98-17); list amended 8/23/95 (Reso. 95-91), 3/18/98 (Reso. 98-17), 11/27/19 (Ord. 2019-14), and 8/11/21 (Ord. 2021-04); paragraph added 3/18/98 (Reso. 98-17); paragraph amended 3/18/98 (Reso. 98-17); (Ord. 2019-04)

6.3 PARK AND RECREATION OVERLAY.

Park and recreation uses are permitted uses in any area within the Encinitas Ranch Specific Plan Area, which has been made subject to a Park and Recreation overlay by this Specific Plan. Park and Recreation overlays are permitted in all zones located within the Encinitas Ranch Specific Plan Area except "OS" and "AG" zones and Magdalena Ecke Park; provided, however, that a Park and Recreation overlay is expressly permitted in the "OS" zone which borders El Camino Real, south of Leucadia Boulevard.

6.3.1

USES PERMITTED

Permitted Uses. The following uses shall be permitted in any area(s) with a Park and Recreation overlay in the Encinitas Ranch Specific Plan.

Accessory uses, incidental and supplemental to principal permitted uses.

Botanical garden.

Community swimming pool and/or spas.

Croquet lawns and facilities.

Detention, retention, sedimentation, and urban runoff basins.

Drainage and flood control structures and facilities.

Dwelling unit, caretaker.

Fire station.

Golf course, club house facilities, and driving range.

Lawn bowling.

Library.

Maintenance buildings and facilities including storage for maintenance equipment.

Noncommercial community association recreation and assembly buildings and facilities.

Outdoor dining uses and accessory facilities, subject to the provisions of Section 6.10 in this zoning ordinance.

Parking lots, only for permitted uses.

Picnic areas.

Public parks and playgrounds with associated facilities (parks may contain active and/or passive uses).

Public recreation areas and associated facilities.

Recreation trails and paths, paved or unpaved.

Restroom buildings and facilities.

Senior center/senior day care facility.

Youth center.

Major Use Permit. The following uses are permitted only in the Green Valley and West Saxony Planning Areas of the Encinitas Ranch Specific Plan Area, provided a Major Use Permit is approved pursuant to the Municipal Code.

Amphitheater.

Athletic playing fields, not including lighted fields.

Museum.

Theater.

Major Use Permit—Green Valley Planning Area Only. The following use is permitted only in the Green Valley Planning Area of the Encinitas Ranch Specific Plan Area, provided a Major Use Permit is approved pursuant to the Municipal Code.

Multi-purpose stadium (e.g., sports, track & field, musical events, etc.), with or without lighting.

Permitted Accessory Uses. Any use that is not specifically listed in Subsections A, B, and C, above, may be considered a permitted accessory use, provided that the Director of Community Development finds that the proposed accessory use is substantially the same in character as those listed in the designated subsections. Accessory uses are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the primary use(s). Such a use is subject to the permit process which governs the category in which it falls.

6.3.2

DEVELOPMENT STANDARDS

Minimum Lot Area. No minimum lot size required.

Height Requirements. Thirty-five feet, which shall include any flagpoles, antennas, chimneys and other non-habitable structures and architectural features.

Automobile and Motorcycle Parking Requirements. The following parking requirements shall apply to all uses within designated Park and Recreation overlays, unless a parking study is prepared to support the proposed reduction in parking spaces.

Golf Courses: Ten spaces for each hole, plus one space for every 200 square feet of gross floor area located in a clubhouse or similar building.

Parks, Playgrounds and Recreation Areas: One space for every 8,000 square feet of active recreational area within a park, playground or recreational area, plus one space per acre of passive recreational area.

Youth Center: One space for each 200 square feet of gross floor area, provided that swimming pools shall not be counted as floor space.

No motorcycle parking spaces shall be required if less than 25 automobile parking spaces are provided. For the first 25-100 automobile parking spaces provided, four motorcycle parking spaces shall also be provided. One additional motorcycle parking space shall be required for each additional 25 parking spaces or portion thereof above 100 spaces.

Bicycle Parking Requirements:

Bicycle parking facilities shall be stationary storage racks or devices designed to secure the frame and wheel of the bicycle.

One space shall be provided for each 33 required automobile spaces, or portion thereof.

Fencing—Green Valley Planning Area Only. A minimum six foot high decorative chain link fence shall be erected between the athletic playing fields in the Green Valley Planning Area and the natural vegetation planted in and adjacent to the drainage channel that parallels the west side of El Camino Real.

List amended 3/18/98 (Reso. 98-17); paragraph amended 8/23/95 (Reso. 95-91) and 3/18/98 (Reso. 98-17)

6.4 OPEN SPACE ZONE ("OS" ZONE).

6.4.1

USES PERMITTED

Unless subject to a Park and Recreation overlay, only the following uses shall be permitted within an area designated as Open Space.

Permitted Uses. The following uses shall be permitted in all Open Space Zones ("OS" Zones) located within the Encinitas Ranch Specific Plan Area:

Recreation trails and paths and associated structures.

Minor Use Permit. The following uses are permitted provided a Minor Use Permit has been granted pursuant to the Municipal Code.

Bicycle trails and paths for non-motorized equipment and vehicles.

Other Uses. Any use that is not specifically listed in Subsections A and B, above, may be considered a permitted use provided that the Director of Community Development finds that the proposed use is substantially the same in character and intensity as those uses listed in Subsection A. The intent of the Open Space Zone is to preserve biological and cultural resources intact, while allowing minimal human access into the zone.

6.4.2

DEVELOPMENT STANDARDS

Unless subject to a Park and Recreation overlay, an area designated as Open Space shall be subject to the following development standards:

The maximum width of any trail or path located in natural open space areas shall not exceed six feet in width, unless required by the City Engineer or a governmental/quasi-governmental agency for safety or access reasons.

Recreation trails in natural open space areas shall be sited to avoid, to the maximum extent feasible, adverse impacts to existing native plant materials and wildlife. The City shall not authorize the use of trails in natural open space areas (subject to the Open Space Zone) by horses and non-motorized bicycles unless such use is first reviewed and approved by the California Department of Fish and Game and the U.S. Fish and Wildlife Service.

Vertical grade of trails and paths shall not exceed 20%, unless specific exceptions to this standard are approved by the City Engineer.

The cross-sectional pitch of any trail shall be 1% minimum to 5% maximum to ensure natural sheet flow to avoid concentration of drainage.

Fencing trails and paths is not desirable and shall not be required unless necessary to limit intrusion into sensitive habitats by humans and domesticated animals, or to separate users of the trails and paths from potentially hazardous conditions such as steep slopes or embankments.

Native vegetation shall be planted/maintained adjacent to trails within sensitive habitat areas to discourage uncontrolled access into such areas.

List amended 3/18/98 (Reso. 98-17); paragraph amended 8/23/95 (Reso. 95-91) and 3/18/98 (Reso. 98-17)

6.5 SINGLE FAMILY RESIDENTIAL ZONES ("ER-SFR3," "ER-SFR3V" & "ER-SFR5" ZONES).

6.5.1

DESCRIPTION OF SINGLE FAMILY RESIDENTIAL ZONES

Three single family residential zones are established within the Encinitas Ranch Specific Plan Area; the Encinitas Ranch single family residential zone with a maximum density of 3.0 dwelling units per acre ("ER-SFR3"), the Encinitas Ranch single family residential zone with a maximum density of 5.0 dwelling units per acre ("ER-SFR5"), and the Encinitas Ranch single family residential zone with an aggregate maximum density (as defined in this Plan) of 3.0 dwelling units per acre as described in Section 6.5.3B, below ("ER-SFR3V"). The ER-SFR3V Zone permits a variety of lot sizes within the residential portion of the South Mesa Planning Area, subject to the maximum limit of dwelling units within the South Mesa Planning Area and the allowed density (3.0 DU/AC) for all ER-SFR3 Zones permitted under this Plan.

6.5.2

USES PERMITTED

Permitted Uses. The following uses shall be permitted in all Single Family Residential Zones ("ER-SFR3," "ERSFR3V" and "ER-SFR5" Zones) located within the Encinitas Ranch Specific Plan Area.

Accessory buildings and uses.

Cottage Food Operations (accessory to a residential use per EMC 30.48.040L) (Ord. 2015-01)

(Existing) Agricultural facilities.

(Existing) Agriculture, arboriculture, and floriculture operations.

One accessory unit, pursuant to Chapter 30.48 of the City Municipal Code.

Congregate care facilities (6 or fewer).

Dwelling unit, one-family.

Educational institution, public.

Family day care home (12 or fewer children).

Home occupations.

Mobile home, when used as a dwelling unit and in conformance with California State Code.

Qualified employee housing (six or fewer employees).¹

Qualified employee housing (seven or more employees).²

Recreational facilities, private.

Residential Care, Limited (6 or fewer).

Supportive housing.³

Transitional housing.³

Utility lines – sewer, gas, petroleum, cable television, telephone, electric, etc.

Notes
1	Shall be deemed a single-family residence and subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
2	Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for requirements.
3	Supportive and Transitional Housing are residential uses and are subject to only those restrictions that apply to other residential uses of the same type in the same zone.

Major Use Permit. The following uses are permitted in the "ER-SFR3," "ER-SFR3V" and "ER-SFR5" Zones, provided a Major Use Permit is approved pursuant to the Municipal Code.

Agricultural facilities as permitted by a Major Use Permit in Section 6.2.2 of this zoning ordinance.

Educational institution, private.

Electrical distribution substation.

Hotels, resort hotels, motels and motor inns.

Mobile home park.

Parks and recreational areas, public.

Recreational facilities, public.

Religious institutions or other similar religious structures and facilities including incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities.

Water reservoir.

Major Use Permit – "ER-SFR3" and "ER-SFR3V" Zones Only. The following uses are permitted in only the "ER-SFR3" and "ER-SFR3V" Zones, provided a Major Use Permit is approved pursuant to the Municipal Code.

Cultural facilities including museums and ancillary uses.

(New) Agriculture, arboriculture, and floriculture operations.

Minor Use Permit. The following uses are permitted in the "ER-SFR3," "ER-SFR3V" and "ER-SFR5" Zones, provided a Minor Use Permit has been approved pursuant to the Municipal Code.

(New) Agricultural facilities as permitted by a Minor Use Permit.

Day care center.

Fire station.

Outdoor dining uses and accessory facilities when provided in conjunction with a hotel, resort hotel, motel, or motor inn.

Permitted Accessory Use. Any use that is not specifically listed in Subsections A, B, C and D, above, may be considered a permitted accessory use, provided that the Director of Community Development finds that the proposed accessory use is substantially the same in character and intensity as those listed in the designated subsections. Accessory uses are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the primary use(s).

6.5.3

DEVELOPMENT STANDARDS

Unless specific exceptions are noted below, the following Development Standards shall apply to all Single Family Residential Zones (the "ER-SFR3," "ER-SFR3V" & "ER-SFR5" Zones) within the Encinitas Ranch Specific Plan Area.

Building Height Limits: Twenty-two feet (measured from finished grade in conformity with the final subdivision map approved by the City) or two stories, whichever is less, subject to the following exceptions:

The following projections may extend no more than eight feet above the maximum permitted height; provided, however, that in no case shall these projections extend above a 30 foot maximum building height: radio and television antennas, flagpoles, chimneys, towers, hips and gables, roofs sloped at 4 and 12 or greater, spires and sundecks.

The "ER-SFR5" Zone within the Sidonia East Planning Area shall be subject to the provisions of City of Encinitas Municipal Code Section 30.16.01B7.

Specific Single Family Residential Zone Standards:

Specific Single-Family Residential Zone Standards	ER-SFR3 Zone 8,000 SF Min
Maximum Density⁽¹⁾	3.0 DU/AC
Maximum Percentage of Area Covered with Buildings/Structures	40%
Minimum Lot Size (net)	8,000 SF⁽⁴⁾
Minimum Lot Width ⁽²⁾	70 FT
Minimum Lot Width⁽²⁾ (on cul-de-sacs only)	25 FT
Minimum Lot Depth	100 FT
Panhandle Width on a Flag Lot	20 FT
Front Yard Setback	20 FT⁽⁵⁾
Street Side Yard Setback	15 FT⁽⁶⁾
Interior Side Yard Setback	10 FT⁽⁶⁾
Rear Yard Setback	25 FT
Maximum Encroachments into Yards⁽³⁾	4 FT for all yards

Table added 3/18/98 (Reso. 98-17)
⁽¹⁾	Density for residential development shall be determined based on the maximum total number of allowable units as shown in Table 3-1, Encinitas Ranch Land Use Plan Summary, which reflects the public dedication of otherwise developable land (e.g., the golf course), and other substantial improvements and benefits provided to the City pursuant to the Development Agreement (see Section 9.4 of this Specific Plan), including but not limited to the landowners' agreement to finance public facilities.
⁽²⁾	Measured at the front yard setback.
⁽³⁾	Includes encroachments by chimneys, fireplaces, steps, stairs, eaves, porches, balconies, decks, bay windows, planters, and similar architectural features.
⁽⁴⁾	The ER-SFR3 zoned portion of the Sidonia East Planning Area requires a minimum lot size of 20,000 SF.
⁽⁵⁾	Provided a side loaded garage is used, and any second story shall have a 20 ft. front yard setback, a reduction to a minimum of 10 feet is allowed on up to 10% of the ER-SFR3 lots in the Quail Hollow East Planning Area.
⁽⁶⁾	A 50% reduction in either street side yard or interior side yard may be allowed in the Design Review process for single story residences located on corner lots of not less than 8,000 S.F. in lot size. However a 5 ft minimum interior side yard setback shall be maintained.

Specific Single-Family Residential Zone Standards	ER-SFR3V Zone 8,000 SF Min	ER-SFR3V Zone 6,000 SF Min	ER-SFR3V Zone 5,000 SF Min
Maximum Density⁽¹⁾	3.0 DU/AC⁽⁴⁾	3.0 DU/AC⁽⁴⁾	3.0 DU/AC⁽⁴⁾
Maximum Percentage of Area Covered with Buildings/Structures	40%	40%	45%
Minimum Lot Size (net) ^(x)	8,000 SF⁽⁵⁾	6,000 SF⁽⁵⁾	5,000 SF⁽⁵⁾
Minimum Lot Width⁽²⁾	70 FT	60 FT	55 FT
Minimum Lot Width⁽²⁾ (on cul-de-sacs only)	25 FT	25 FT	20 FT
Minimum Lot Depth	100 FT	100 FT	90 FT
Panhandle Width on a Flag Lot	20 FT	20 FT	20 FT
Front Yard Setback	20 FT	20 FT	20 FT
Street Side Yard Setback	15 FT⁽⁶⁾	10 FT	10 FT
Interior Side Yard Setback	10 FT⁽⁶⁾	5 FT	5 FT
Rear Yard Setback	25 FT	25 FT	20 FT
Maximum Encroachments into Yards⁽³⁾	4 FT for all yards	4 FT for all yards	4 FT for all yards⁽³⁾

Table added 3/18/98 (Reso. 98-17)
⁽¹⁾	Density for residential development shall be determined based on the maximum total number of allowable units as shown in Table 3-1, Encinitas Ranch Land Use Plan Summary, which reflects the public dedication of otherwise developable land (e.g., the golf course), and other substantial improvements and benefits provided to the City pursuant to the Development Agreement (see Section 9.4 of this Specific Plan), including but not limited to the landowners' agreement to finance public facilities.
⁽²⁾	Measured at the front yard setback.
⁽³⁾	Includes encroachments by chimneys, fireplaces, media niches, steps, stairs, eaves, porches, balconies, decks, bay windows, planters, and similar architectural features, however a 5 ft. minimum side yard setback shall be maintained, except lots less than 6,000 square feet may have a maximum encroachment into the 5 ft. interior side yard setback of 2 ft. for chimneys, fireplaces, eaves, bay windows and media niches.
⁽⁴⁾	Aggregate maximum density for the ER-SFR3V Zoning Area (South Mesa Planning Area).
⁽⁵⁾	No more than 40% of all lots in the ER-SFR3V Zone shall be less than 6,000 square feet and at least 20% shall be at least 8,000 square feet.
⁽⁶⁾	A 50% reduction in either street side yard or interior side yard may be allowed in the Design Review process for single story residences located on corner lots of not less than 8,000 S.F. in size. However, a 5 ft minimum interior side yard setback shall be maintained.
^(x)	The single-family lots located between the elementary school site and the golf course shall be a minimum of 20,000 square feet in size (see Figure 12).

Specific Single-Family Residential Zone Standards	ER-SFR5 Zone
Maximum Density⁽¹⁾	5.0 DU/AC
Maximum Percentage of Area Covered with Buildings/Structures	50%
Minimum Lot Size (net)	4,000 SF
Minimum Lot Width⁽²⁾	45 FT
Minimum Lot Width⁽²⁾ (on cul-de-sacs only)	20 FT
Minimum Lot Depth	70 FT
Panhandle Width on a Flag Lot	20 FT
Front Yard Setback	15 FT
Street Side Yard Setback	10 FT
Interior Side Yard Setback	5 FT
Rear Yard Setback	15 FT
Maximum Encroachments into Yards⁽³⁾	4 FT for all yards ⁽³⁾

Table added 3/18/98 (Reso. 98-17)
⁽¹⁾	Density for residential development shall be determined based on the maximum total number of allowable units as shown in Table 3-1, Encinitas Ranch Land Use Plan Summary, which reflects the public dedication of otherwise developable land (e.g., the golf course), and other substantial improvements and benefits provided to the City pursuant to the Development Agreement (see Section 9.4 of this Specific Plan), including but not limited to the landowners' agreement to finance public facilities.
⁽²⁾	Measured at the front yard setback.
⁽³⁾	Includes encroachments by chimneys, fireplaces, media niches, steps, stairs, eaves, porches, balconies, decks, bay windows, planters, and similar architectural features, however, a 5 ft. minimum interior side yard setback shall be maintained, except a maximum encroachment into side yards of 2 ft. for chimneys, fireplaces, eaves, bay windows and media niches shall be allowed.

Encinitas Ranch Single-Family Density Transfer
PLANNING AREA	DU/AC	ALLOWABLE DU⁽¹⁾	TRANSFERRED⁽¹⁾ 5% INCREASE	MAX. DUS⁽²⁾
Quail Hollow East 21.1 acres	3	63	3	66
North Mesa 6.2 acres 8.0 acres	3 5	18 40	1 0	19 40
Sidonia East
4.2 acres ⁽³⁾ 8.3 acres	3 5	12 41	-4⁽³⁾ 0	8⁽³⁾ 41
South Mesa 117.8 acres	3	353	17	370
		527⁽²⁾

Table added 3/18/98 (Reso. 98-17)
⁽¹⁾	Transfer of density only allowed if Final Map recordation of a Planning Area listed above, or portion thereof, results in fewer than allowed units.
⁽²⁾	In any case, the maximum number of units in the above referenced Planning Areas shall not exceed 527 units in aggregate.
⁽³⁾	The 4.2 acre Sidonia East 3.0 DU per acre area shall have minimum 20,000 S.F. lots and a maximum of 8 lots, with the remaining 4 lots transferable to another Planning Area.

Auxiliary Structures/Equipment and Utilities. In the Single Family Residential Zones, the following development standards related to auxiliary structures/equipment and utilities shall apply:

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

All ground mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely screened from surrounding properties by use of a wall, fence, landscaping, or combination thereof, or shall be enclosed within a building or other acceptable screening devices. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.

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 the appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, where reasonable and feasible, in accordance with City of Encinitas, Public Utilities Commission, and local utility company standards. Transformer, terminal boxes, meter cabinets, pedestals ducts and other facilities may be placed above ground provided they are screened with landscaping or other appropriate screening devices.

Outdoor storage 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 tubular steel may be used in place of a solid masonry wall if approved during Design Review.

Accessory Structures. Accessory structures shall conform to the standards set forth in Section 30.16.010E of Title 30, Zoning, of the City of Encinitas Code, except as otherwise superseded under Section 6.5.2.B., Specific Single Family Residential Zone Standards, in these Development Standards.

Walls and Fences. In the Single Family Residential Zones, the development standards related to walls and fences contained in Section 30.16.010F, Fences and Walls, of the City's Municipal Code shall apply.

Off-Street Parking Requirements. The number of off-street parking spaces required for automobiles in the Single Family Residential Zones shall be:

Two enclosed garage spaces for each unit up to 2,500 square feet gross floor area. Three spaces are required for dwelling units in excess of 2,500 square feet; at least two of the three spaces must be provided in a garage. Access drives that fall within the required setback may be counted toward any parking required in excess of the first two spaces.

One off-street parking space shall be provided for each accessory unit in addition to any off-street parking requirements for the principal unit. The parking space for the accessory unit may be located in the required front yard setback or in a driveway.

Natural Open Space Buffer. A minimum 50 foot wide landscape buffer shall be required as a building setback between the edge of any residential building which directly abuts a natural open space area and the natural open space area. This buffer shall be landscaped with native and drought tolerant plant materials, as appropriate. In addition, a minimum 42-inch high wall or fence shall be erected on the residential property line boundary. The wall or fence shall be either constructed as a solid masonry wall or as a minimum 18-inch high masonry wall with wrought iron above. Wooden fencing and chain link fencing are prohibited. A similar wall or fence with a minimum height of 42 inches shall be erected on the property line of any residential lot that directly abuts the golf course. The purpose of the wall or fence shall be to minimize human intrusion into the open space area and the golf course, while permitting visibility.

Accessory Residential Units. Accessory residential units are permitted on parcels zoned either "ER-SFR3," "ER-SFR3V," or "ER-SFR5" as specified in Section 30.48.010W, Accessory Units, of the City's Municipal Code.

List amended 3/18/98 (Reso. 98-17); paragraph added 3/18/98 (Reso. 98-17); paragraph amended 3/18/98 (Reso. 98-17); (Reso. 98-1; Ord. 2017-03; Ord. 2019-14)

6.6 MULTI-FAMILY RESIDENTIAL ZONE ("ER-R-30" ZONE).

6.6.1

DESCRIPTION OF MULTI-FAMILY RESIDENTIAL ZONE

The multi-family residential zone establishes a density range of 25-30 dwelling units per net acre ("ER-R-30") consistent with the City of Encinitas General Plan Housing Element. The following uses and development standards are specific to ER-R-30 zoned properties in the Specific Plan Area.

6.6.2

USES PERMITTED

Permitted Uses. All uses identified as "permitted by right" in the R-30 OL zone, as defined in the Encinitas Municipal Code Zoning Matrix, shall be permitted uses within this Specific Plan zone ER-R-30. Additionally, the following uses shall be permitted uses within the ER-R-30 zone.

Agricultural produce sales

Farmers Market

Outdoor dining uses

Outdoor event uses

Farm-to-Table Restaurant

Permitted Accessory Use. Any use that is not specifically listed in Subsection A above, may be considered a permitted accessory use, provided that the Development Services Director finds that the proposed accessory use is substantially the same in character and intensity as those listed in the designated subsections. Accessory uses are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the primary use(s).

6.6.3

DEVELOPMENT STANDARDS

The "ER-R-30" Zone shall be subject to the R-30-OL Development Standards.

(Ord. 2019-04)

6.7 MIXED USE ZONE ("ER-MU1" ZONE).

6.7.1

USES PERMITTED

Permitted Uses. The following uses shall be permitted in the "ER-MU1" Mixed-Use Zone in the Encinitas Ranch Specific Plan Area. All uses, except for agriculture-related uses and those exceptions noted below, shall be located within an enclosed building unless authorized by a Minor Use Permit.

Acupuncture

Administrative and professional offices, including but not limited to business, law, architectural, engineering, and community planning offices, in which no activity is carried on catering to retail sales and no stock of goods is maintained for sale.

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.

Agriculture, arboriculture, and floriculture operations.

Alcoholic beverage sales (off premises).

Antique sales, retail.

Apartment houses, condominiums, townhomes and multi-family dwelling units (dwelling units constructed over and behind commercial/office uses are expressly permitted).

Art galleries.

Bakery (retail).

Bank/savings and loan.

Barber and beauty shop (Cosmetology).

Book sales.

Candy and confectionery sales.

Cannabis - Retailer⁵

Charitable bins and depositories.

Chiropractor

Clothing and costume, sales and rental.

Club, private.

Club – athletic, health, exercise, fitness, or recreational (fully enclosed uses only).

Coffee shop.

Coins, purchase and sales.

Communications equipment sales and rental.

Computer software and hardware sales and rental.

Conservatory of music.

Convenience store.

Cosmetic design studio.

Cottage Food Operations (accessory to a residential use per EMC 30.48.040L)

Co-Working Space

Cutlery sales.

Dairy store.

Day-care center.

Delicatessen.

Dental clinic and offices.

Dental clinic, canine/feline.

Dressmaking shop.

Drug store.

Dry cleaning, retail and self-service with on-site cleaning permitted.

Dwelling unit, one-family.

Dwelling unit, two-family.

Dwelling unit, three-family.

Dwelling unit, multi-family.

Educational institution, public.

Family day care home (4 or fewer children).

Fire station.

Florist shop.

Furniture sales and rental.

Gem, precious stone retail.

Gift shop.

Group Exercise (including, but not limited to, dance studio, yoga, martial arts, Pilates or other similar group exercise class)

Hair salon.

Hardware store.

Hat shop.

Health food store.

Hobby supply shop.

Home occupations.

Ice cream/yogurt shop and parlor.

Ice sales, storage and retail.

Interior decorating service.

Jewelry sales.

Lapidary shop, retail (gems).

Laundry.

Laundromat.

Library.

Lithographic service.

Locksmith.

Machine and tool sales.

Mail order house/business.

Market, wholesale or retail – food, produce, fruit, vegetable, fish, and poultry and meat markets (not including slaughtering).

Medical offices.

Medical clinics.

Motor vehicle parts store.

Music/record/compact disc store.

Newsstand.

Notions and dry goods store.

Office (business and professional uses).

Office equipment/supplies sales.

Optical products sales.

Orthopedic devices sales.

Outdoor dining uses and accessory facilities, subject to the provisions of Section 6.10 in this zoning ordinance.

Paper product sales.

Parks and recreational areas.

Pet shop/pet groom.

Pharmacy.

Photocopy shop.

Photoengraving and finishing.

Photofinishing, retail.

Photographic, camera and film supplies.

Photographic studio.

Plumbing shop.

Post office.

Postal annex, private ownership.

Pottery sales.

Printing.

Public utilities office.

Qualified employee housing (six or fewer employees).¹

Qualified employee housing (seven or more employees).²

Radio/television sales.

Real estate office.

Recreational facilities, private.

Recycling collection facilities.

Reducing salons and weight loss centers/clinics.

Residential Care, Limited (6 or fewer)

Restaurant (no alcohol sales).

Retail sales.

Second hand store.

Shoe repair/sales.

Single room occupancy housing⁴

Sporting goods sales.

Stationery store.

Surf shops, retail.

Supportive housing.³

Tailor shop.

Telephone answering service.

Transitional housing.³

Utility lines – sewer, gas, petroleum, cable television, telephone and electric lines.

Wearing apparel shop.

Wood products sales, retail.

Notes:
1	Shall be deemed a single-family residence and subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
2	Permitted as an accessory use in conjunction with an approved agricultural use per EMC Section 30.48.040R.
3	Supportive and Transitional Housing are residential uses and are subject to only those restrictions that apply to other residential uses of the same type in the same zone.
4	Single room occupancy housing is subject to all municipal codes, regulations and other standards generally applicable to multiple-family residential buildings in the same zone and specific standards as set forth in EMC Section 30.16.050.
5	See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.

Major Use Permit. The following uses are permitted provided a Major Use Permit has been approved pursuant to the Municipal Code.

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.

Amphitheater.

Bowling alleys.

Educational institution, private.

Electrical distribution substation.

Museum.

Restaurant (with alcohol sales).

Schools, technical.

Theater.

Minor Use Permit. The following uses are permitted provided a Minor Use Permit has been granted pursuant to the Municipal Code.

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.

Tutoring Center.

6.7.2

DEVELOPMENT STANDARDS

The following Development Standards shall apply to all "ER-MU1" Zones within the Encinitas Ranch Specific Plan Area.

Height Requirements: Thirty-five feet, not to exceed three stories in height; provided, however, (i) that flagpoles, antennas, chimneys, and other limited architectural features may exceed the maximum height subject to Design Review by the Planning Commission; and (ii) 45 feet shall be permitted where residential and commercial uses are provided in the same building (with commercial space on the first floor), on two corner sites located west of Garden View Road/Via Cantebria Extension at the intersection with Via Cantebria/Woodley Road Extension.

Specific "ER-MU1" Mixed-Use Zone Standards:

Specific Mixed-Use Zone Standards	ER-MU1 Zone
Maximum Residential Density⁽¹⁾	25.0 DU/AC
Maximum Percentage of Area Covered with Buildings/Structures	60%
Minimum Lot Area (net)	10,000 SF
Minimum Lot Width	80 FT
Minimum Lot Depth	90 FT
Front Yard Setback	No setback is required for buildings containing a mix of uses or for buildings with commercial/office uses only. A 10 foot setback is required for freestanding residential structures.
Street Side Yard Setback	No setback is required for buildings containing a mix of uses or for buildings with commercial/office uses only. A 15 foot setback is required for freestanding residential structures.
Interior Side Yard Setback	0 FT; provided 10 FT is required for freestanding residential-only structures
Rear Yard Setback	10 FT; provided 15 FT is required for freestanding residential-only structures
El Camino Real Setback	100 FT for all buildings⁽²⁾
Minimum Setback from Areas Designated as Park and Recreation Overlay	25 FT for all buildings⁽³⁾
Maximum Encroachments into Yards	4 FT for all yards⁽⁴⁾
Minimum Distance Between Buildings	10 FT

Table amended 3/18/98 (Reso. 98-17)
⁽¹⁾	Density for residential development shall be determined based on the maximum total number of allowable units as shown in Table 3-1, Encinitas Ranch Land Use Plan Summary, which reflects the public dedication of otherwise developable land (e.g., the golf course), and other substantial improvements and benefits provided to the City pursuant to the Development Agreement (see Section 9.4 of this Specific Plan), including but not limited to the landowners' agreement to finance public facilities.
⁽²⁾	No main buildings or parking lots shall be permitted within this setback; provided, however, that accessory structures such as flood control and drainage facilities, sedimentation and detention basins, and recreational facilities (e.g., athletic playing fields, tot lots, basketball courts, tennis courts, etc.) are expressly permitted within the setback.
⁽³⁾	Building setback does not apply to recreation-oriented structures or restroom, concession, or maintenance buildings.
⁽⁴⁾	Includes encroachments by chimneys, fireplaces, steps, stairs, eaves, porches, columns, balconies, decks, bay windows, planters, sidewalks and similar features.

Commercial/Office/Residential Development: The commercial/office development in the "ER-MU1" Zone is intended to provide retail and office uses which serve area residents, while maintaining compatibility with a residential environment. Development in and adjacent to the Village Center may consist of residential uses in the same buildings as commercial/office uses.

Freestanding Residential Development: Freestanding residential development shall be concentrated around the periphery of the Village Center, along the extensions of Garden View Road and Via Cantebria. The freestanding residential development shall not exceed an overall density of 25 dwelling units per acre. Up to 40 percent of the building footprint for all freestanding residential buildings may exceed two stories in height, although no freestanding residential structure shall exceed three stories in height. The two-story buildings should be concentrated along the greenbelt/recreation area that abuts El Camino Real and adjacent to natural open space areas. Three-story buildings should be concentrated internal to individual parcels and along project area roadways.

The 2.34 acre parcel (Lot 44 of Tract No. 94-066) located on the east side of Via Cantebria (west of the existing mobile home park) shall be restricted to multi-family residential, 25 dwelling units per acre. The purpose of restricting Lot 44 to multi-family is to provide affordable housing opportunities. Prior to the submittal of a development proposal for Lot 44, the Housing Compliance Plan, as required by the Development Agreement, shall be submitted to and approved by the Community Development Director. All development proposed on Lot 44 shall be in compliance with the Housing Compliance Plan.

Church/School Site: The approximately 10.9 acre parcel located at the southeast intersection of Garden View Road and Via Cantebria may be developed with school and/or church uses. If the area is not so developed, then the area may be developed as multi-family residential at the same density as the balance of the mixed-use area (25 du/ac). However, the total residential units permitted within the mixed-use area shall not exceed 450 dwelling units.

Integration of Project Components: It is the intention of the mixed-use development in Green Valley to allow for significant functional and physical integration of project components of different adjacent uses as well as mixed commercial/office professional and residential uses. Consideration will be given to joint use of parking, common areas, landscaping, specific types of uses and associated intensities, housing types and sizes of units, and overall architectural design. Below-grade and on-grade parking shall be permitted in the Mixed-Use Zone; however, above-ground multi-story parking structures are discouraged.

Residential/Commercial/Office Mixed Use Site Planning: In the "ER-MU1" Zone, the following development standards shall apply for projects which mix residential with commercial or office uses on the same development site:

Residential uses shall be located either above and/or behind the primary commercial/ office professional use.

Separate building entrances shall be required for residential and commercial/office professional uses when occupying the same structure, but this provision does not preclude internal connections between uses.

Accessory Structures. Accessory structures shall conform to the standards set forth in Section 30.16.010E of Title 30, Zoning, of the City of Encinitas Municipal Code, subject to the following additions and amendments:

Accessory structures shall not be located in front of or on the street side of residential or commercial building(s).

Accessory structures shall meet all of the setback requirements for other buildings.

Architectural features, such as porches, canopies, eaves, columns, awnings, chimneys, steps, balconies, stairways, wing walls, bay windows, window seats, fireplaces, planters and roof overhangs may project not more than four feet into any required setback area.

Auxiliary Structures/Equipment and Utilities. In all commercial/office areas within the "ER-MU1" Zone, the following development standards related to auxiliary structures/equipment and utilities shall apply:

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

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, landscaping, or combination thereof, or other acceptable screening devices, or shall be enclosed within a building.

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 the appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, where reasonable and feasible, in accordance with City of Encinitas, Public Utilities Commission, and local utility company standards. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping or other appropriate screening devices.

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/tubular metal (e.g., steel, aluminum, etc.) may be used in place of a solid masonry wall if approved during Design Review. This requirement does not apply to temporary outdoor sales areas.

Storage Requirements. A minimum of 250 cubic feet of lockable, enclosed storage area per dwelling unit shall be provided within a garage/carport area, or within the main building.

Minimum Private Outdoor Open Space. For residential units only, a minimum of 10% of the floor area of the units shall be provided as private outdoor open space for both ground floor units and units contained wholly on the second/third floor. For units wholly on the second/third floors, this open space may be provided in the form of outdoor decks or balconies.

Off-Street Parking Requirements. Off-street parking spaces required for automobiles in "ER-MU1" Zones shall be provided as required in Section 30.54.030A, Schedule of Required Off-Street Parking, of the City's Municipal Code. In addition, the following standards shall also apply in all "ER-MU1" Zones:

Affordable housing. The Director of Community Development may authorize a reduction in the above parking requirements for those projects designated as "affordable" housing projects, providing either that a parking study is prepared to support the proposed reduction in parking spaces or a baseline parking study is conducted by the City that is applicable to all affordable housing development in the City.

Parking for Non-Residential Uses: Off-street parking shall be required to conform with Section 30.54.030 of Title 30, Zoning Regulations, of the City of Encinitas Municipal Code. However, the Director of Community Development may authorize an adjustment to these standards that is either less or more restrictive based on a site-specific parking study which supports the proposed adjustment in parking spaces and all permitted deviations shall be subject to on-going review and monitoring.

Compact parking spaces may comprise up to 25% of all required parking spaces provided within ER-MU1 Zones. A compact parking space shall be defined as a parking space that measures no less than eight feet in width by 16 feet in length.

General Requirements:

Reciprocal ingress and egress, circulation, and parking arrangements shall be encouraged to facilitate the ease of vehicular movement between adjoining properties without the need to add public street infrastructure or to enter the public street system.

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.

Landscaping Requirements.

A minimum of 15 feet wide area of screen type landscaping shall be provided and maintained on the project side of any property line separating the project from a rural residential or single-family zone.

Front and street side yards, if required, shall be landscaped. This landscaping shall consist predominantly of plant materials except for necessary walks and driveways.

Whenever off-street parking areas are situated across the street from residential uses, a masonry wall, berm, landscape planting, or combination thereof, with a minimum height of 30 inches shall be erected in the landscaped areas between the required landscape area and the parking area to adequately screen the parking area from the residential properties.

Site landscaping shall include a combination of trees, shrubbery, vines and groundcovers. Drought tolerant plant materials are encouraged for use in Mixed-Use Zones, but are not required.

Landscaping in parking areas shall be predominantly trees to provide shade and visual relief. One 15 gallon tree shall be provided for every six parking spaces (assumes double-loaded spaces) evenly distributed throughout the parking area.

A minimum of 15% of the site area (exclusive of building footprints) shall be landscaped. This percentage may include perimeter slopes, landscaped easements, and landscaped setback areas.

Street trees, at least 15-gallons in size, shall be provided at an average of every 40 feet along all street frontages.

All landscaped areas shall be regularly maintained in a healthy and thriving condition free of weeds, trash, and debris.

Where irrigation is necessary, an automatic irrigation system shall be installed subject to City of Encinitas Standards and maintained free of leaks.

10.

Varieties of plants chosen for landscaping may be restricted through the development review process to protect or preserve views. All required plantings and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with required landscaping, irrigation, buffering, and screening requirements.

Access, Circulation and Off-Street Parking Requirements. In all "ER-MU1" Zones, the following development standards related to access, circulation and off-street parking shall apply:

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

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.

Access points to adjoining lots are encouraged and shall be shared wherever feasible.

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.

Sidewalks or other safe pedestrian walkways shall be located along streets in all mixed-use areas.

Walls and Fences. Walls and fences shall comply with the requirements contained in Section 30.16.010F, Fences and Walls, of the City's Municipal Code. In addition, the following standards shall also apply in all "ER-MU1" Zones:

Walls used to screen storage or trash collection areas or loading docks shall be solid and shall not exceed six feet in height, as measured from the point of highest elevation adjacent to the wall or fence.

No walls or fences are required in any residential development, unless needed for noise attenuation and/or privacy of private outdoor spaces, and/or screening purposes for utilities, trash enclosures, or mechanical equipment. Walls and fences shall not exceed six feet in height as measured from the highest finished grade, unless expressly required for sound attenuation purposes. All fences and walls greater than four feet in height shall be planted with vine cover material or equal landscaping.

Truck Wells. Truck wells will be screened from any adjacent uses with the use of landscaping and/or architectural features.

Refuse Collection Areas/Loading Docks. All refuse collection areas and structures and loading docks shall be designed and provided in accordance with the applicable City of Encinitas rules and policies and the following standards:

Refuse collection areas and structures shall be conveniently accessible to the buildings they are designed to serve.

Loading docks and structures, which are used for storage or trash collection, shall be screened by landscaping, solid walls, architectural features, or combination thereof, in such a manner as not to be visible from a public street or from grade level of any adjacent residential area. View-obstructing gates to screen trash enclosures shall also be required, where appropriate.

Architecturally compatible trash enclosures, and adequate areas for collecting and loading recyclable materials, screened from view of the roadway, and convenient to all dwelling units within the project, shall be provided. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.

Trash receptacles and adequate areas for collecting and loading recyclable materials enclosed by a six foot high masonry wall with view obscuring gates shall be provided in an acceptable location. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.

Lighting. In all "ER-MU1" Zones, the following standards relating to lighting shall apply:

Lighting placed upon the building shall be architecturally integrated.

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 lampposts shall be no taller than 18 feet. The intensity of light at the edge of any parcel within the "ER-MU1" Zone shall not exceed 75 foot-lamberts from a source of reflected light.

(Reso. 98-17; Ord. 2015-01; Ord. 2017-03; Ord. 2019-04; Ord. 2021-04; Ord. 2019-14); paragraph added 12/4/96 (Reso. 96-89); paragraph amended 12/4/96 (Reso. 96-89) and 8/23/95 (Reso. 95-91) and 3/18/98 (Reso. 98-17)

6.8 MIXED-USE ZONE ("ER-MU2" ZONE).

6.8.1

USES PERMITTED

The following uses shall be permitted in the "ER-MU2" zone located within the West Saxony Planning Area of the Encinitas Ranch Specific Plan. No more than 25,000 square feet of gross leaseable floor area shall be developed in the West Saxony Planning Area. Limited retail sales uses (not exceeding an aggregate of 5,000 square feet) are permitted in the West Saxony Planning Area.

Use	WEST SAXONY⁽¹⁾
Acupuncture.	P⁽²⁾
Administrative and professional offices, including but not limited to business, law, architectural, engineering, and community planning offices, in which no activity is carried on catering to retail sales and no stock of goods is maintained for sale.	P
Agricultural facilities as provided in Section 6.2 of this zoning ordinance.	As provided in Section 6.2
Agriculture, arboriculture, & floriculture operations.	P
Amphitheater.	C
Apartment houses, condominiums, townhomes, and multi-family dwelling units.	P
Art galleries.	P
Bakery (retail).	C
Barber and beauty shop (Cosmetology).	C
Cannabis - Retailer⁷	P⁽⁷⁾
Chiropractor.	P⁽²⁾
Club, private.	P
Club, private (with alcohol sales)	C
Club - athletic, health, exercise, fitness or recreational (fully enclosed uses only).	P
Conservatory of music	P
Cottage food operation ³	P
Co-working space	P
Day-care center.	P
Delicatessen.	C
Dental clinic and offices.	P⁽²⁾
Dental clinic, canine/feline	P⁽²⁾
Dressmaking shop.	C
Dwelling unit, two-family.	P
Dwelling unit, three-family.	P
Dwelling unit, multi-family.	P
Educational institution, private.	C
Educational institution, public.	P
Electrical distribution substation.	C
Family day care home (12 or fewer children).	P
Fire station.	P
Florist shop.	C
Group Exercise (including but not limited to dance studio, yoga, martial arts, Pilates or other similar group exercise class.	P
Hair salon.	C
Home occupations.	P
Ice cream/yogurt shop and parlor.	C
Library.	P
Mail order house/business.	P
Medical offices and clinics.	P⁽²⁾
Museum.	C
Office (business and professional uses).	P
Parks and recreational areas.	P
Public utilities office.	P
Qualified employee housing (six employees or fewer).	P⁽⁴⁾
Qualified employee housing (seven employees or more).	P⁽⁵⁾
Recreational facilities, private.	P
Religious institutions or other similar religious structures and facilities including incidental uses such as assembly, work rooms, living quarters of a priest, minister or family, and day care and educational facilities on properties designated as C/S on the Zoning Map.	P
Residential care, limited (6 or fewer)	P
Schools, technical.	C
Single Room Occupancy Housing	P⁽⁷⁾
Supportive Housing	P⁽⁶⁾
Tailor shop.	C
Telephone answering service.	P
Theater, performing arts.	C
Transitional Housing	P⁽⁶⁾
Tutoring center.	Cm
Utility lines - sewer, gas, petroleum, cable television, telephone and electric lines.	P

Notes:
⁽¹⁾	Limited retail sales uses (not exceeding an aggregate of 5,000 square feet) are permitted in the West Saxony Planning Area.
⁽²⁾	In no case shall the combination of all square footage of dental and medical offices and clinics exceed 25,000 square feet in West Saxony Planning Area.
⁽³⁾	Accessory to a residential use per EMC 30.48.040L.
⁽⁴⁾	Shall be deemed a single-family residence and subject to all municipal codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
⁽⁵⁾	Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for requirements.
⁽⁶⁾	Supportive and Transitional Housing are residential uses and are subject to only those restrictions that apply to other residential uses of the same type in the same zone.
⁽⁷⁾	See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.

Legend:
P = Permitted by Right
C = Conditional Use Permit (Major Use Permit)
Required Cm = Conditional Use Permit (Minor Use Permit)
Required X = Prohibited

Permitted Accessory Uses. Any use that is not specifically listed above may be considered a permitted accessory use provided that the Director of Community Development finds that the proposed accessory use is substantially the same in character as those listed in the designated subsections. Accessory uses are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the primary use(s). Such a use is subject to the permit process which governs the category in which it falls.

6.8.2

DEVELOPMENT STANDARDS

The following Development Standards shall apply to all "ER-MU2" Zones within the Encinitas Ranch Specific Plan Area.

Height Requirements: Thirty-five feet, not to exceed three stories in height; provided, however, that flagpoles, antennas, chimneys, and other limited architectural features may exceed the maximum height subject to Design Review by the Planning Commission.

Specific "ER-MU2" Mixed-Use Zone Standards:

Specific Mixed-Use Zone Standards	ER-MU2 Zone
Maximum Residential Density⁽¹⁾	20.0 DU/AC
Maximum Percentage of Area Covered with Buildings/Structures	60%
Minimum Lot Area	10,000 SF
Minimum Lot Width	100 FT
Minimum Lot Depth	100 FT
Front Yard Setback	20 FT
Street Side Yard Setback	20 FT
Interior Side Yard Setback	10 FT
Rear Yard Setback	15 FT
Setback from Adjacent Existing Off-Site Residential Development	20 FT
Maximum Encroachments into Yards	4 FT for all yards⁽²⁾
Minimum Distance Between Buildings	10 FT

Notes:

⁽¹⁾

Density for residential development shall be determined based on the maximum total number of allowable units as shown in Table 3-1, Encinitas Ranch Land Use Plan Summary, which reflects the public dedication of otherwise developable land (e.g., the golf course), and other substantial improvements and benefits provided to the City pursuant to the Development Agreement (see Section 9.4 of this Specific Plan), including but not limited to the landowners' agreement to finance public facilities.

⁽²⁾

Includes encroachments by chimneys, fireplaces, steps, stairs, eaves, porches, columns, balconies, decks, bay windows, planters, sidewalks, and similar features.

Site Planning: The "ER-MU2" Zone may be either developed entirely with residential uses or with a mixture of residential and commercial/office uses on the same development site. For projects which mix residential with commercial or office uses on the same development site, the following development standards shall apply:

Residential uses shall be located in separate buildings from commercial/office professional uses.

Accessory Structures. Accessory structures shall conform to the standards set forth in Section 30.16.010E of Title 30, Zoning Regulations, of the City of Encinitas Municipal Code, subject to the following additions and amendments:

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

Accessory structures shall meet all of the setback requirements for other buildings.

Architectural features, such as porches, canopies, eaves, awnings, chimneys, steps, balconies, stairways, wing walls, bay windows, window seats, fireplaces, planters and roof overhangs may project not more than four feet into any required setback area.

Auxiliary Structures/Equipment and Utilities. In all commercial/office areas within the "ER-MU2" Zone, the following development standards related to auxiliary structures/equipment and utilities shall apply:

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 the appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, where reasonable and feasible, in accordance with City of Encinitas, Public Utilities Commission, and local utility company standards. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened with landscaping or other appropriate screening devices.

Storage Requirements. A minimum of 250 cubic feet of lockable, enclosed storage area per dwelling unit shall be provided within a garage/carport area, or within the main building.

Minimum Private Outdoor Open Space. For residential units only, a minimum of 10% of the floor area of the unit shall be provided as private outdoor open space for both ground floor units and units contained wholly on the second/third floor. For units wholly on the second/third floors, this open space may be provided in the form of outdoor decks or balconies.

Off-Street Parking Requirements. Off-street parking spaces required for automobiles in "ER-MU2" Zones shall be provided as required in Section 30.54.030A, Schedule of Required Off-Street Parking, of the City's Municipal Code. In addition, the following standards shall also apply in all "ER-MU2" Zones:

Compact parking spaces may comprise up to 25% of all required parking spaces provided within ER-MU2 Zones. A compact parking space shall be defined as a parking space that measures no less than eight feet in width by 16 feet in length.

General Requirements:

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.

Landscaping Requirements.

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

Whenever off-street parking areas area situated across the street from residential uses, a masonry wall, berm, landscape planting or combination thereof, with a minimum height of 30 inches shall be erected in the landscaped areas between the required landscape area and the parking area to adequately screen the parking area from the residential properties.

Site landscaping shall include a combination of trees, shrubbery, vines and groundcovers. Drought tolerant plant materials are encouraged for use in Mixed-Use Zones, but are not required.

A minimum of 15% of the site area (exclusive of building footprints) shall be landscaped. This percentage may include perimeter slopes, landscaped easements, and landscaped setback areas.

Street trees, at least fifteen 15-gallons in size, shall be provided at an average of every 40 feet along all street frontages.

All landscaped areas shall be regularly maintained in a healthy and thriving condition free of weeds, trash, and debris.

Where irrigation is necessary, an automatic irrigation system shall be installed subject to City of Encinitas standards and maintained free of leaks.

10.

Access, Circulation and Off-Street Parking Requirements. In all "ER-MU2" Zones, the following development standards related to access, circulation and off-street parking shall apply:

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

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.

Access points to adjoining lots are encouraged and shall be shared wherever feasible.

Sidewalks or other safe pedestrian walkways shall be located along streets in all mixed-use areas.

Truck Wells. Truck wells, if provided, will be screened from any adjacent uses with the use of landscaping and/or architectural features.

Refuse collection areas and structures shall be conveniently accessible to the buildings they are designed to serve.

Loading docks and structures which are used for storage or trash collection shall be screened by landscaping, solid walls, architectural features, or combination thereof, where feasible, in such a manner as not to be visible from a public street or from grade level of any adjacent residential area or open space area. View-obstructing gates to screen trash enclosures shall also be required, where trash enclosures are visible from a public street.

Lighting. In all "ER-MU2" Zones, the following standards relating to lighting shall apply:

Lighting placed upon the building shall be architecturally integrated.

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 edge of any parcel within the "ER-MU2" Zone shall not exceed 75 foot lamberts from a source of reflected light.

(Reso. 98-17; Ord. 2019-14; Ord. 2015-01; Ord. 2017-03; Ord. 2019-04; Ord. 2019-16; Ord. 2021-04; paragraph amended 8/25/95 (Reso. 95-91)

6.9 COMMERCIAL ZONE ("ER-C" ZONE).

6.9.1

USES PERMITTED

Permitted Uses. The following uses shall be permitted in all Commercial Zones ("ER-C" Zones) in the Encinitas Ranch Specific Plan Area. All uses, except for agriculture-related uses and those exceptions specifically noted below, shall be located within an enclosed building unless authorized by a Minor Use Permit.

Acupuncture. (Ord. 2015-01)

Adult businesses.*

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.

Agriculture, arboriculture, and floriculture operations.

Alcoholic beverage sales (off premise consumption).

Ambulance service (private).

Antique sales, retail.

Appliance sales, rentals, and repairs (household and small appliances).

Aquarium, commercial.

Arcade accessory (non-adult).

Arcade primary (non-adult).

Art gallery.

Auction house.

Auditorium.

Bakery (retail).

Bank/savings and loan.

Barber and beauty shop (Cosmetology).

Bicycle sales, rental and service.

Billiard/pool hall.

Blueprinting and photostatting.

Body painting.

Book binding.

Book sales.

Bowling alley.

Building materials sales.

Burial casket sales.

Candy and confectionery sales.

Cannabis - Retailer.²

Catering service.

Cellular facility.

Charitable bins and depositories.

Chiropractor. (Ord. 2015-01)

Clothing and costumes, sales and rental.

Club, private.

Club – athletic, health, exercise, fitness, or recreational (fully enclosed uses only).

Coins, purchase and sales.

Communications equipment sales and rental.

Computer software and hardware sales and rental.

Conservatory of music.

Convenience store.

Cosmetic design studio.

Co-working space.

Custom manufacturing.

Courts, commercial (badminton, tennis, racquetball, others).

Cutlery sales.

Dairy store.

Day care center.

Delicatessen.

Dental clinic and offices.

Dental clinic, canine/feline (Ord. 2015-01)

Department store.

Dressmaking shop.

Discount store (up to 1,000 square feet of outside storage is expressly permitted without need for a Minor Use Permit).

Drive-in and drive-thru restaurants.

Drug store/pharmacy.

Dry cleaning, retail and self service with on-site cleaning permitted.

Educational institution, public.

Electric vehicle charging service station.

Employment agency.

Finance company.

Fire prevention equipment, sales and service.

Fire station.

Floor covering, retail.

Florist shop.

Furniture sales and rental.

Garden supplies.

Gas engines, retail sales and service.

Gem, precious stone retail.

Gift shop.

Glass and mirrors, retail.

Glass edging and beveling.

Grocery store.

Glass studio (stained and others).

Group Exercise (including but not limited to dance studio, yoga, martial arts, Pilates or other similar group exercise class) (Ord. 2015-01)

Gymnasium, health club (public or private).

Hair salon.

Hardware store.

Hat cleaning and blocking.

Hat shop.

Health food store.

Hobby supply shop.

Home and business maintenance service.

Home improvement center (up to 1,000 square feet of outside storage is expressly permitted without need for a Minor Use Permit).

Horticultural services.

Ice cream/yogurt shop and parlor.

Ice sales, storage and retail.

Interior decorating service.

Janitorial supplies and sales.

Janitorial service.

Jewelry manufacturing.

Jewelry sales.

Laboratories, medical/dental.

Lapidary shop, retail (gems).

Laundry.

Laundromat.

Lawnmower sales, rental and service.

Library.

Lithographic service.

Locksmith.

Lumber yard (up to 1,000 square feet of outside storage is expressly permitted without a Minor Use Permit).

Machine and tool sales.

Mail order house/business.

Market, wholesale and retail – food, produce, fruit, vegetable, fish, and poultry and meat markets (not including slaughtering).

Medical complex.

Medical equipment sales.

Medical offices.

Medical clinics.

Membership warehouse stores (retail and wholesale).

Microwave antenna/tower.

Mortuary and funeral parlor.

Motor vehicle parts store.

Motorcycle sales only.

Music/record/compact disc store.

Museum.

Newsstand.

Notions and dry goods store.

Nurseries, horticultural.

Office (business and professional uses).

Office equipment/supplies sales and rental.

Optical products sales.

Orthopedic devices sales.

Outdoor dining uses and accessory facilities, subject to the provisions of Section 6.10 in this zoning ordinance.

Paper product sales.

Parcel delivery service (office only).

Pet shop/pet groom.

Pharmacy.

Photocopy shop.

Photoengraving and finishing.

Photofinishing, retail.

Photographic, camera and film supplies.

Photographic studio.

Plumbing shop.

Post office.

Postal annex, private ownership.

Pottery manufacturing.

Pottery sales.

Printing.

Public utilities office.

Qualified employee housing (seven employees or more).¹

Radio/television sales.

Real estate office.

Recycling collection facilities.

Reducing salons and weight loss centers/clinics.

Rental recreational surf shop.

Reprographic shops.

Restaurant (no alcohol sales), including restaurants with drive-thrus.

Retail sales.

Satellite dish antennas provided they meet the standards of the Design Review regulations identified in Section 23.08.090 of the City's Municipal Code.

Scientific instruments sales.

Second hand dealer.

Second hand store.

Service stations excluding automotive repair and car wash.

Shoe repair/sales.

Silk screen printing shop.

Sign shop.

Small animal hospital/kennel (inside uses only).

Small equipment sales and rentals.

Sporting goods sales.

Stationery store.

Stone (precious) manufacturing.

Surf shops including retail, rental, and manufacturing.

Swimming pool supplies/equipment sales.

Tailor shop.

Telephone answering service.

Theaters and places of public assembly (includes movie theaters and drama/dance theaters).

Tile sales.

Tire sales (automobile).

Utility lines – sewer, gas, petroleum, cable television, telephone and electric lines.

Veterinarian.

Wearing apparel shop.

Wholesale business.

Wood product sales, retail.

Notes:
*	Subject to locational requirements in Municipal Code Chapter 30.26 and approval of an Adult Business permit as required in Municipal Code Chapter 6.10.
1	Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for requirements.
2	See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.

Major Use Permit. The following uses are permitted in "ER-C" Zones, provided a Major Use Permit has been approved pursuant to the Municipal Code.

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.

Animal shelter, excepting outside pens or animal keeping areas.

Automobile body repair.

Automobile electrical and tune-up.

Automobile service and repair.

Automobile painting.

Boat sales, rental, and building.

Building materials sales/storage yard with outside storage.

Club, with alcohol sales.

Dance hall.

Educational institution, private.

Electrical distribution substation.

Escort bureaus and businesses.

Garage, public parking.

Hotel, motel, and motor inn.

Kennel (with outside uses and kennels).

Massage parlor.

Medical complex.

Motorcycle sales and service.

Muffler shop.

Newspaper distribution.

Newspaper printer.

Outdoor sales.

Packaging business.

Parking lot, commercial.

Pawn shops.

Police/sheriff station.

Radio/television broadcasting studio.

Recreational facilities with outdoor uses, public or private.

Recreational storage.

Recycling processing facilities.

Restaurant (with alcohol sales).

Schools, technical.

Service stations including automotive repair and car wash.

Storage building self-storage, boat, RV and truck rentals.

Storage of non-operative vehicles.

Swap meets.

Terminals and stations – taxi, bus, limousine, etc.

Textiles manufacturing and processing.

Transfer, moving and storage.

Treatment center for substance abuse (outpatient only).

Water reservoirs.

Yard products manufacturing.

Minor Use Permit. The following uses are permitted in "ER-C" Zones, provided a Minor Use Permit has been granted pursuant to the Municipal Code.

Agricultural facilities as provided in Section 6.1 of this zoning ordinance.

Automobile rental.

Automobile sales, new and used.

Bar/cocktail lounge.

Car wash.

Cabinet shop.

Candle manufacturing and sales.

Discount store with more than 1,000 square feet of outside storage.

Furniture, manufacturing and repair.

Garment manufacturing.

Gas distribution, meter, and control station.

Home improvement center with more than 1,000 square feet of outside storage.

Laboratories, biochemical, film, other.

Lumber yard with more than 1,000 square feet of outside storage.

Optical products manufacturing.

Perfume manufacturing.

Recording studio.

Recreational vehicle sales.

Shoe manufacturing.

Treatment center (substance abuse – outpatient care only).

Truck rental.

Truck sales.

Tutoring Center. (Ord. 2015-01)

Upholstery installation.

6.9.2

DEVELOPMENT STANDARDS

The following Development Standards shall apply to all Commercial Zones ("ER-C" Zones) within the Encinitas Ranch Specific Plan Area.

Height Requirements: Forty-five feet, not to exceed three stories in height, which shall include flagpoles, antennas, towers, and other non-habitable and/or architectural structures. In addition, a maximum of one architectural tower, not to exceed 85 feet in height, shall be permitted in the "ER-C" Zone, subject to Design Review by Planning Commission. This will enable a fly tower to be constructed as part of a community theater facility.

Specific Commercial Zone Standards:

Specific Commercial Zone Standards	ER-C Zone
Minimum Lot Area (net)	10,000 sf
Minimum Lot Width	80 ft
Minimum Lot Depth	90 ft
Minimum Lot Frontage	No requirement
Front Yard Setback	20 ft
Street Side Yard Setback	10 ft
Interior Side Yard Setback	0 ft
Rear Yard Setback	0 ft
Leucadia Boulevard Setback	35 ft for all buildings⁽¹⁾
El Camino Real Setback	100 ft for all buildings⁽²⁾
Maximum Encroachments into Yards	5 ft for all yards⁽³⁾
Lot Coverage (Max. percentage, excluding Parking Structures)	25%⁽⁴⁾
Floor/Area Ratio (Maximum, excluding Parking Structures)	1.0
Minimum Building Setback from Areas Designated as Open Space without Park and Recreation Overlay	25 ft
Flag Lots	15 ft - 20 ft (min. flag width)

Notes:
⁽¹⁾	No main buildings shall be permitted within this 35-foot-wide setback. A minimum of 25 feet directly adjacent to the Leucadia Boulevard right-of-way within this setback shall be landscaped. Parking lots and vehicular accessways and drives are permitted within the remaining 10 feet of this setback. Freestanding signs are permitted within the 35-foot-wide setback subject to Design Review and other required City approvals.
⁽²⁾	No main buildings or parking lots shall be permitted within this 100-foot-wide setback; provided, however, that accessory structures such as detention and sedimentation basins, flood control and drainage facilities, and recreational facilities (e.g., athletic playing fields, tot lots, basketball courts, tennis courts, etc.) are expressly permitted within the setback. Freestanding signs are permitted within the 100-foot-wide setback subject to Design Review and other required City approvals.
⁽³⁾	Includes encroachments by towers, fireplaces, steps, stairs, eaves, porches, columns, balconies, decks, bay windows, planters, sidewalks, and similar features.
⁽⁴⁾	Buildings may cover up to 25% of the entire area zoned as "ER-C," exclusive of parcelization for individual businesses and tenants.

Design Flexibility: 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, provided the minimum setback for any portion of a building shall be no less than 10 feet. In addition, shared parking and reciprocal parking agreements shall be permitted between adjacent parcels subject to approval by either the Director of Community Development or the Planning Commission.

Landscaping Requirements:

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

Twenty-five feet directly adjacent to the Leucadia Boulevard right-of-way shall be landscaped. The additional 10 feet within the required 35 foot building setback may be used for hardscape and/or vehicular access, circulation, and off-street parking.

Whenever off-street parking areas are situated across the street from property in a residential zone, a masonry wall, berm, landscape planting, or combination thereof, with a minimum height of 30 inches shall be erected in the landscaped areas between the required landscape area and the parking area to adequately screen the parking area from the residential properties.

Landscaping in parking areas shall be predominantly trees to provide shade and visual relief. Landscaping in parking areas shall include one fifteen (15) gallon tree for every six parking spaces (assumes double-loaded spaces as shown on the illustration below). Trees may be clustered, if desired, subject to Design Review approval.

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. Preference should be given along streets and in parking lots to non-deciduous and evergreen trees which produce limited litter.

Site landscaping shall include a combination of trees, shrubbery, vines and groundcovers. Drought tolerant plant materials are encouraged for use in Commercial Zones but are not required.

All landscaped areas shall be regularly maintained in a healthy and thriving condition free of weeds, trash and debris.

Where irrigation is necessary, an automatic irrigation system shall be installed subject to City of Encinitas standards and maintained free of leaks.

A minimum of 15% of the site area (exclusive of building footprints), shall be landscaped. This percentage may include perimeter slopes, landscaped easements, hardscaped pedestrian plazas and areas, and landscaped setback areas.

10.

Street trees, at lease fifteen-gallons in size, shall be provided at an average of every 50 feet along all street frontages.

11.

Varieties of plants chosen for landscaping may be restricted through the development review process to protect or preserve views. All required plantings and irrigation systems shall be maintained in good condition, and wherever necessary, shall be replaced with new materials to ensure continued compliance with required landscaping, irrigation, buffering, and screening requirements.

12.

Tree wells in parking areas shall be a minimum size of four feet by four feet.

Access and Circulation Requirements. In all Commercial Zones, the following development standards related to access and circulation shall apply:

Where feasible, access shall be taken from adjoining collector or local roadways, rather than from a primary arterial or major roadway. Access from El Camino Real and Leucadia Boulevard will require approval by the City Engineer, unless such access conforms with the access points delineated in the approved Land Use Plans for the Encinitas Ranch Specific Plan Area in which case no additional approvals shall be required.

Access points to adjoining lots are encouraged and shall be shared wherever feasible.

Sidewalks or other safe pedestrian walkways shall be located along streets in all commercial areas. A Pedestrian Walkability Plan/Study for the regional commercial center shall be submitted by the applicant of the next development application that exceeds the aggregate commercial square footage of the regional commercial center of 695,000 square feet (excluding the maximum 15,000 square foot community-oriented use). The plan/study should identify the opportunities of and constraints to improving the walkability of the regional commercial center so pedestrians can travel safely and efficiently to their destinations.

Off-Street Parking Requirements. Off-street parking requirements in all Commercial Zones shall be required to conform with Section 30.54 of Title 30 of the City of Encinitas Municipal Code and the City Parking Design Manual, except as otherwise amended below.

Parking areas adjacent to Leucadia Boulevard shall be partially screened by low earth mounds, landscaping, low decorative walls, lowering the grade of the parking area below the street grade, or a combination of any of these methods.

The number of required off-street parking spaces for all retail and commercial uses shall be one space per 200 square feet of enclosed floor area (may contain up to 20% restaurant uses) or portion thereof. A standard parking space shall be defined as a parking space that measures nine feet in width by 18 feet in length.

Compact parking spaces may comprise up to 25% of all required parking spaces provided within Commercial Zones. A compact parking space shall be defined as a parking space that measures eight feet in width by 16 feet in length.

The Director of Community Development may authorize an adjustment to these standards that is either less or more restrictive based on a site-specific parking study which supports the proposed adjustment in parking spaces and all permitted deviations shall be subject to on-going review and monitoring. In addition, as a condition of approval of any application (i) to build in excess of 708,500 square feet (excluding the maximum 15,000 square foot community-oriented use) with no increased parking, or (ii) that reduces the total number of parking spaces below 3,181 parking spaces, a parking management plan shall be submitted and approved by the Planning Commission prior to building permit issuance. The parking management plan may include measures such as, but not limited to, attendant-operated tandem parking, valet parking and managed employee parking with proposed implementation in the event parking utilization exceeds 90%.

Required off-street parking spaces for any development shall be accommodated on the same parcel as the primary use or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site, provided the total number of required parking spaces is provided.

Parking lot aisles with two-way traffic shall be provided at a minimum width of 22 feet for parking angles of 0, 30, 45, and 60 degrees. A minimum width of 24 feet for a parking angle of 90 degrees is required.

Parking lot aisles with one way traffic shall be provided at the following widths:

▪	Fifteen feet for a parking angle of 0 degrees.
▪	Thirteen feet for a parking angle of 30 degrees.
▪	Fourteen feet for a parking angle of 45 degrees.
▪	Eighteen feet for a parking angle of 60 degrees.
▪	Twenty-four feet for a parking angle of 90 degrees.

Bicycle parking shall be provided at one space per 50 required automobile spaces or portion thereof.

Motorcycle parking shall be provide at one space for every 50 required automobile spaces or portion thereof.

10.

Loading space requirements shall be provided at the following rate for all Commercial Zones; provided that the Director of Community Development has the right to allow deviations from these loading space requirements:

▪	No loading space is required for uses with less than 2,000 square feet of enclosed floor area.
▪	One loading space shall be provided for 2,000 to 20,000 square feet of enclosed floor area.
▪	Two loading spaces shall be provided for 20,001 to 40,000 square feet of enclosed floor area.
▪	Three loading spaces shall be provided for 40,001 to 60,000 square feet of enclosed floor area.
▪	One additional loading space shall be provided for each additional 50,000 square feet of enclosed floor area or a major fraction thereof that exceeds the first 60,000 square feet of enclosed floor area.

11.

The number of loading spaces required may be adjusted to 50% of the required number when such spaces are assigned to serve two or more uses jointly, provided that each use has access to the loading zone without crossing public streets or sidewalks.

12.

When only one loading space is required and the total enclosed floor area is less than 6,000 square feet, the horizontal dimensions of the space shall be 8.5 x 19 feet. It shall also have a vertical clearance of at least 10 feet. When more than one loading space is required or the total enclosed floor area is greater than 6,000 square feet, the minimum horizontal dimensions of at least half of the required spaces shall be 12 x 35 feet and have a vertical clearance of at least 14 feet. The balance of the required spaces shall have minimum horizontal dimensions of 8.5 x 19 feet and a vertical clearance of at least 10 feet.

Accessory Structures. In the Commercial Zone, the following development standards related to accessory structures shall apply:

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

Architectural features, such as canopies, eaves, steps, balconies, storefront windows, columns, stairways, pedestrian walkways, and similar features may project not more than five feet into any required setback area.

Auxiliary Structures/Equipment and Utilities. In all Commercial Zones, the following development standards related to auxiliary structures/equipment and utilities shall apply:

All ground-mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely screened from surrounding properties by use of a wall, fence, landscaping, or combination thereof, or other acceptable screening devices, or shall be enclosed within a building. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.

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 the appropriated screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, where feasible and reasonable, in accordance with City of Encinitas, Public Utilities Commission, and local utility company standards. Transformer, terminal boxes, meter cabinets, pedestal, ducts and other facilities may be placed above ground provided they are screened with landscaping or other appropriate screening devices.

Satellite antenna dishes shall conform with the standards of the Design Review regulations identified in Section 23.08.090 of the City's Municipal Code.

Walls erected along Leucadia Boulevard and El Camino Real, if constructed to screen views of parking areas in commercial zones from these streets, need not exceed 30 inches in height.

Walls used to screen storage or loading docks shall be solid and shall not exceed six feet in height as measured from the highest grade adjacent to the wall.

Truck Wells. Truck wells will be screened with the use of landscaping and/or architectural features.

Refuse collection areas and structures shall be conveniently accessible to the buildings they are designed to serve.

Loading docks and structures which are used for storage or trash collection shall be screened by landscaping, solid walls, architectural features, or combination thereof, where feasible, in such a manner as not to be visible from a public street or from grade level of any adjacent residential area or open space area. View-obstructing gates to screen trash enclosures shall also be required where trash enclosures are visible from a public street.

Recycling Facilities. Recycling facilities shall be provided per Chapter 30.56 of Title 30, Zoning, of the City of Encinitas Code.

Lighting. In all Commercial Zones, the following standards relating to lighting shall apply:

Lighting placed upon the building shall be architecturally integrated.

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, provided that lighting in parking lots shall not exceed 32 feet in height. The intensity of light at the edge of any commercially-zoned parcel that abuts residential uses or natural open space shall not exceed 75 foot lamberts from a source of reflected light.

Condominium Conversion. In all "ER-C" Zones, the conversion of the project to condominium ownership shall meet all requirements of the zone within the constraints of the existing development.

Natural Open Space Buffer. In the Green Valley Planning Area of the Encinitas Ranch Specific Plan only, a minimum 50 foot wide landscape buffer shall be required between the edge of the large western open space area in Green Valley and any commercial/office use which is located directly adjacent to the natural open space area. This buffer shall be landscaped with native and drought tolerant plant materials, as appropriate. In addition, a minimum 42-inch high wall or fence shall be erected on the residential property line boundary. The wall or fence shall be either constructed as a solid masonry wall or as a minimum 18-inch high masonry wall with wrought iron or tubular metal above. The purpose of the wall or fence shall be to minimize human intrusion into the natural open space area, while permitting visibility.

Reso. 98-17; Ord. 2002-02; Ord. 2015-01; Ord. 2017-03; Ord. 2019-04; Ord. 2019-14; list amended 3/18/98 (Reso. 98-17); paragraph amended 8/23/95 (Reso. 95-91) and 9/23/09 (Reso. 09-47)

6.10 OUTDOOR DINING STANDARDS (ALL "ER-MU" AND "ER-C" ZONES AND INTERIM USE STANDARDS).

Outdoor dining areas that encroach into the public right-of-way shall require an encroachment permit and must maintain a minimum four foot clearance which excludes planter areas, fire hydrants, street lights, and other street furniture, as well as automobile parking overhangs.

Encroachment permits for outdoor dining within the public rights-of-way shall require that the following information be submitted to the City prior to issuance of the permit; provided that no permit shall be required for outdoor dining facilities intended to serve only the employees of an office or commercial use and which do not encroach into any public rights-of-way.

Location and brief description of the proposed encroachments.

Provide a site plan showing local conditions, including streets, sidewalks, and exact locations of all street furniture.

Number of tables and seating requested and not to exceed amount.

Hours of operations shall be pre-determined and limited to associated eating and drinking establishments in the area.

All outdoor lighting shall comply with performance standards and be approved by the City.

Prior to issuance and approval of a permit, a finding shall be made by the Director of Community Development that the outdoor dining will not adversely affect the neighborhood, nor be detrimental to persons residing, visiting or working in the area.

(Reso. 98-17; Ord. 2019-04)

6.11 INTERIM USE STANDARDS.

It is the intent of the Encinitas Ranch Specific Plan to encourage specific public activities and gatherings in the Green Valley, East Saxony, and West Saxony Planning Areas where such uses may be permitted as interim uses of the land prior to ultimate development.

6.11.1

USES PERMITTED

The following uses are shall be permitted in all areas located within the Green Valley, East Saxony, and West Saxony Planning Areas of the Encinitas Ranch Specific Plan as conditioned below.

Use	Green Valley	East Saxony	West Saxony
Art/music festivals	P	Cm	Cm
Carnivals	P	X	Cm
Commercial and public parking lots as a principal use	C	X	C
Cultural and interpretive centers	C	C	C
Educational uses, private	C	C	C
Equestrian uses and facilities, including, but not limited to riding rings, stables, barns, and associated facilities (See Ch. 30.55, Animal Regulations, in the City's Municipal Code)	P	Cm	Cm
Fairs	P	Cm	Cm
Farmers' market	P	Cm	Cm
Festivals	P	Cm	Cm
Maintenance buildings and facilities including storage for maintenance equipment	P	Cm	Cm
Museums	P	Cm	Cm
Nurseries, horticultural (retail only)	P	Cm	Cm
Noncommercial community association recreation and assembly buildings and facilities	C	C	C
Outdoor flower market and specialty retail promoting the flower industry including but not limited to gift shops, florists and basket shops	P	Cm	Cm
Outdoor retail sales	C	C	C
Outdoor snack stands, outdoor cafes, and accessory facilities, subject to the provisions of Section 6.9 of this zoning ordinance	P	Cm	Cm
Picnic areas, public or private	P	P	P
Public gardens, noncommercial	P	P	P
Roadside sales of agricultural products. Operation of a stand, not to exceed an area of 500 square feet, for the display and sale, by the occupant of the premises, of agricultural products produced on the premises. Agricultural products produced off-site may also be displayed and sold from said stand. Said stand to be located not nearer than 15 feet to any street or highway.	P	P	P
Rodeos	C	X	C
Swap meets	C	X	X

Legend:
P = Permitted by Right
C = Conditional Use Permit (Major Use Permit) Required
Cm = Conditional Use Permit (Minor Use Permit) Required
X = Prohibited

6.11.2

DURATION OF PERMITTED INTERIM USES

Interim uses may be initially permitted to operate for a period of up to two years with the approval of the Director of Community Development, from three to five years with Planning Commission approval. Thereafter, all interim uses shall be reviewed and approved by the Director of Community Development on a yearly basis to extend the operation of the permitted interim use(s) for a period not to exceed one additional year. There is no limit on the number of times that an interim use can be reviewed and the time period extended to allow continued operation of the interim use. In approving requests for determination of time extensions for interim uses, the decision-making authority should consider the following:

Whether the interim use in question is still viable.

Whether the interim use continues to operate compatibly with adjacent on-site and off-site land uses, especially adjacent residential development.

Whether the interim use poses a potential threat to the public's health, safety, or welfare.

6.11.3

DEVELOPMENT PLAN REQUIREMENT

A development plan for all interim uses shall be submitted to the City of Encinitas for review and approval and shall include the following items, as a minimum:

Proposed site plan.

Proposed site grading and drainage plan.

Proposed water and sewer plan.

Proposed circulation plan (e.g., ingress and egress, general traffic circulation, off-street parking, etc.).

Proposed development standards (e.g., building setbacks, landscaping, refuse collection facilities, screening, etc.).

Additional information may be required by the Director of Community Development as appropriate.

In reviewing such an application, the interim nature of the use shall be broadly considered. The requirements of permanent urban improvements (e.g., paved parking, roadway and associated facilities, permanent sewer, etc.) shall be minimized to no more than the level necessary for the public health, safety and welfare, taking into account the duration of any such use and temporary solutions available to the applicant.

6.11.4

TRANSITION OF INTERIM STRUCTURES TO PERMANENT STRUCTURES

All structures or buildings constructed to house or support interim uses shall be removed from the property, demolished, or dismantled once the interim use ceases to exist/operate or once the interim use becomes a permanent use. Permanent uses shall not be permitted to operate in structures or buildings that were originally constructed to house or support interim uses unless the structures or buildings conform to the City of Encinitas Building Code for all permanent structures and buildings, as well as all other applicable City and County codes.

(Reso. 98-17; Ord. 2019-04)

6.12 PUBLIC/SEMI-PUBLIC ZONE.

This zone applies to the Olivenhain Municipal Water District (OMWD) property located in the North Mesa Planning Area, the golf course located in the North Mesa and South Mesa Planning Areas, and the community use area located in the Quail Gardens East Planning Area in the Encinitas Ranch Specific Plan Area. This zone will also apply to the proposed elementary school location within the South Mesa Planning Area. The Public/Semi-Public Zone is intended to provide for activities operated by the City, County, or other governmental agencies (such as the OMWD and the municipal golf course.) Please refer to Chapter 30.28 of Title 30 of the City of Encinitas Municipal Code for the development standards that apply in the Public/Semi-Public Zone.

If, at some future date, conversion of the municipal golf course to a private golf club is proposed, such a conversion will require an amendment to this Specific Plan and a subsequent Local Coastal Program amendment.

(Reso. 95-91; Reso. 98-17; Ord. 2019-04)

6.13 SIGNAGE.

All signage within all zones within the Encinitas Ranch Specific Plan Area shall conform to the standards and requirements set forth in Section 30.60 of Title 30 of the City of Encinitas Municipal Code, except as amended below for the Commercial Zone ("ER-C" Zone) Only:

6.13.1

DEFINITIONS

The definitions contained in Section 30.60.020 of Title 30 of the City of Encinitas Municipal Code shall apply unless otherwise amended below:

Sign Area.

"Sign area" is the entire area within a single, continuous perimeter enclosing the letters and logo forming an integral part of the design of the sign.

Sign Height.

"Sign height" is the total distance between the lowest final grade below the base of the sign measured to the top of the highest sign element, including structural and architectural elements and appendages.

6.13.2

GENERAL REGULATIONS

Except as allowed by the provisions of Section 30.60 of Title 30 of the City of Encinitas Municipal Code as amended by Section 6.13, Signage, of the Encinitas Ranch Zoning Ordinance, it shall be unlawful for any person to post, erect or maintain any sign within the limits of the Encinitas Ranch Specific Plan Area.

It shall be unlawful for any owner of real property within the Encinitas Ranch Specific Plan Area to allow the posting, erecting or maintenance on such person's property of any sign that is in violation of the provisions of the Encinitas Ranch Specific Plan and Zoning Ordinance.

Unless authorized by other provisions within the Encinitas Ranch Specific Plan and Zoning Ordinance, it shall be unlawful for any person to post, erect or maintain any sign within the public right-of-way or upon public property.

The provisions of this section do not apply to signs posted, erected or maintained by the City on public property for a proper public purpose. Such signs include traffic/pedestrian control signage. All other City signs shall be subject to the regulations of Section 30.60 of Title 30 of the City of Encinitas Municipal Code and the Encinitas Ranch Zoning Ordinance.

No sign shall be posted erected or maintained:

Within a setback imposed by this Zoning Ordinance on the real property on which the sign is to be located, except as provided by Section 30.60 of Title 30 of the Encinitas Municipal Code and with the provision that freestanding signs may be located within the rights-of-way of Leucadia Boulevard and El Camino Real adjacent to the Commercial Zone and subject to the freestanding signs provisions set forth in Section 6.12.4 of this Zoning Ordinance.

So as to obstruct a clear view of the street from any intersecting street or access to public street such as driveways.

That moves, flashes, or is intermittently illuminated. Wind propellers and other noise creating devices shall not be permitted. Time and temperature signs shall be permitted subject to the standards and sign area requirements for the specific sign type. No electronic message boards shall be permitted without approval by the Director of Community Development.

Signs shall be maintained both visually and structurally to City standards (i.e., Uniform Building Code and Design Review requirements).

No sign shall be erected so as to obstruct any door or fire escape of any building or to obstruct free passage over any public right-of-way.

No sign shall be erected that would unreasonably obscure from any public view existing, conforming signs on adjacent properties.

6.13.3

NONRESIDENTIAL PERMANENT SIGN STANDARDS

On property zoned for nonresidential use, after first obtaining a sign permit to insure that the proposed sign conforms to the provisions of this Section, the property owner may post, erect, and maintain signs consistent with the following regulations:

Message. Permanent Commercial signs shall present only a message which is consistent with the commercial uses for which the property is zoned, except no off-site commercial messages shall be presented.

General Provisions. On-premise signs may be erected, constructed, placed, created by painting, structurally altered, relocated or maintained provided that a building permit has been issued subject to the following standards:

On-Premises Signs. On-premise signs are permitted on sites subject to use permits in accordance with the terms and conditions of the use permit. Signs may be altered, relocated or added upon the issuance of a minor use permit provided that such change is not specifically prohibited by the use permit condition.

Permitted Combinations of Sign Types.

Projecting signs are permitted in combination with wall signs.

Wall signs are permitted on up to four sides of pad tenant buildings and on no more than two sides of major tenant buildings located in an in-line configuration.

Lighting. Signs may be illuminated unless otherwise specified in this section provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the property lines. Neon signs, however, are permitted, provided they do not flash. Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting, or become a distraction/hazard to drivers, shall not be permitted. This restriction shall not apply to signs which convey information such as time, temperature, or weather, however, said sign shall be included in permitted sign area.

Sign Program for Multi-Tenanted Buildings. Sign programs shall be required for all buildings with six or more tenants. Sign programs shall remain in force until a new program is submitted and approved. Signs within approved sign programs shall be required to obtain permits, submit applicable fees and shall be in conformance with the approved sign program. Appearance before the applicable Community Advisory Board(s) and the Planning Commission is not required unless so determined by the Director of Community Development. Sign programs shall integrate with the architecture of the building complex, including such elements as size, color, location, and construction material. The sign program is intended to encourage excellence in design, allowing for creativity and art in signage. The signage program shall not vary from the specific limitations of the applicable sign ordinances.

6.13.4

FREESTANDING/MONUMENT SIGNS

The following standards shall apply only to areas designated as Commercial Zones within Encinitas Ranch and shall supersede the standards set forth in Section 30.60.100, Nonresidential Permanent Sign Standards, of the City's Municipal Code for Commercial Zones only.

Number Permitted.

No more than two freestanding signs shall be permitted on Leucadia Boulevard at entrances into the Regional Commercial Center. The signs shall not exceed 18 feet in width. In addition, the signs may be multi-sided, but shall not exceed a height of 22 feet, exclusive of architectural features. Architectural features may extend above the 22 foot sign height limit another seven feet for a maximum sign height of 29 feet, subject to Design Review.

No more than one freestanding sign (not including shopping complex identification signs) shall be permitted in El Camino Real. This sign may be constructed up to a maximum height of 22 feet exclusive of architectural features and a maximum width of 30 feet. Architectural features may extend above the 22 foot sign height limit another seven feet for a maximum sign height of 29 feet. The sign may contain the names and types of businesses located within the shopping complex and may be double-sided. The sign may be multi-sided, subject to Design Review.

Shopping complex identification signs identifying a building or complex of businesses as part of an approved sign program shall be allowed on El Camino Real. These signs shall be low focal elements that are integrated into the landscape and do not exceed six feet in height and 30 feet in length. The signs may be located on either side of the entry drive into the Regional Commercial Center from El Camino Real and at the northwest and southwest corners of the intersection of Leucadia Boulevard and El Camino Real. Shopping complex identification signs may be multisided.

No freestanding signs are permitted on streets with rights-of-way of 60 feet and less without the approval of the Director of Community Development.

All freestanding/monument signs may include sign area for tenant directory for projects for multiple occupancy building.

Lettering Height. The height of letters of individual business names/companies on freestanding monument signs shall not exceed 30 inches; provided that the name of the shopping complex may not exceed 48 inches in height.

Addresses. Eighteen inch high numbers shall be provided on the building facade of each business that clearly identifies the address of the subject site. The color of the numbers shall contrast with the background color of the sign. The sign area utilized for the project address shall be in addition to the sign area for the permitted freestanding sign(s).

Structure. Pole signs are prohibited. Signs must either be mounted on a wall or structure having a solid base on the ground, or mounted on two posts having a minimum width dimension of eight inches.

6.13.5

WALL SIGNS

Area. The maximum area of wall signs, including permanent window signs, on a single building exterior shall be calculated as: one & one-half (1-1/2) square feet per linear foot of building on each building side with a maximum of 250 square feet per sign. No more than four wall signs shall be permitted per tenant with a limit of one sign per building side/frontage.

Location and Height. Wall signs may not project above the top of a parapet, the roof line at the wall, or roof line. Wall signs shall be permitted on a parapet wall when said wall is above the roof line. Wall signs shall be permitted on the lower half of roofs when it can be proven that other locations are not visible.

Lettering Height. Letters on building wall signs shall not exceed six (6') in height for major tenants.

6.13.6

PROJECTING SIGNS

Projecting signs including canopy signs may be erected or placed in accordance with the following provisions:

Number. An establishment with frontage on a street may have one projecting sign along each street instead of a freestanding sign.

Area. The area of a projecting sign shall not exceed six square feet. The area of an awning/canopy sign shall not exceed four square feet, except in instances where canopy signs are used in lieu of a wall sign; in these cases, sign area shall be based on the sign area for a wall sign. A projecting or canopy sign is permitted to project over a public sidewalk. Projecting signs are allowed under awnings and canopies with no reduction in awning/canopy sign area.

Height. Projecting signs may not extend above the roof line at the wall or above the top of a parapet wall.

Installation. Support members shall be a part of the architectural design of the sign, and sign shall be free of unsightly supports or attachments.

An establishment may have one projecting sign and one awing sign.

6.13.7

OTHER SIGN TYPES

In addition to the foregoing types of signs, the following signs shall be permitted in any location. The area of these signs shall be in addition to the aforesaid maximum sign areas.

Directional Signs. Signs to direct or control on-premise traffic or parking provided such signs do not exceed an area per face of eight square feet or a height of eight feet.

Accessory Sign – Drive-In and Drive-Through Businesses. Such signs shall not be designed to be viewed from beyond the premises and each shall not exceed 25 square feet per frontage.

Service Station Signs. One sign relating to grades and prices of gasoline and diesel fuel shall be permitted per street frontage. Maximum price signage shall be consistent with State Codes (13530 Business and Professions Codes).

6.13.8

COMMERCIAL TEMPORARY SIGN STANDARDS

The following standards shall apply only to areas designated as Commercial Zones within Encinitas Ranch and shall supersede the standards set forth in Section 30.60.110 of the City's Municipal Code for Commercial Zones only.

In addition to permanent sign standards, the property owner may post, erect and maintain signs on property zoned for commercial use consistent with the following standards:

Temporary signs shall not exceed 50 square feet per side nor 15 feet in height. Signs may be two-sided. The number of temporary signs is limited to two signs. The total area of all temporary signs cannot exceed 50 square feet in area.

Banners for nonprofit special events may be displayed a maximum of a 14 day period prior to the event and through the event. A maximum of one banner is permitted not to exceed 50 square feet. Said banners must be removed within three days after the end of the event. Banners may be attached to a building or two posts. The height of a banner when attached to the building shall not extend above the roof line. When attached to posts, the height shall not exceed eight feet. The sign may only be one sided.

Grand opening/closing banners for businesses may be displayed a maximum of 60 days after the initial opening of a business, subject to permit. Banners may be attached to a building or two posts. The height of a banner when attached to the building shall not extend above the roof line. When attached to posts, the height shall not exceed eight feet, may only be one sided and a maximum of 100 square feet.

Banners over public rights-of-way shall be permitted subject to the standards established by the City and approved by the City Manager or his designee. Said banners are for civic and nonprofit City-wide recognized special events. The banner shall not exceed 45 square feet in area and shall be located only on City approved structures. The banners may be displayed no more than 14 days prior to the event and must be removed within three days of the end of the event. Installation shall be to City specifications. Fees to recover City costs in reviewing the applications shall be established by the City Council.

On-site banners for commercial uses shall be allowed subject to the following regulations:

Message. Banner signs may bear a design, logo, motto and/or slogan, messages for sales and special promotions, except no off-site commercial message shall be presented.

Area. The maximum area shall not exceed 100 square feet.

Longevity. Each banner shall not be displayed more than 15 consecutive days. Only one banner shall be allowed per display period and there shall be no more than four display periods per calendar year.

Location. The banner must be attached to the building on the site. Attachment to the roof or parapet wall is not permitted. The banner cannot extend above the ridge line of a structure.

Construction. The banner must be constructed of quality durable material that is weather resistant.

Fee. The fee for processing a permit shall be established by the City. In addition, a cash bond in the amount to be determined by the City must be posted with the City prior to obtaining a permit to ensure good faith in compliance. The bond along with a projected banner display schedule must be posted annually with the City prior to permit issuance.

The bond shall be refunded upon a change of ownership, closing a business or the use chooses to not utilize banners. The bond may be applied to the following year provided the applicant has not violated these regulations which will result in a forfeit of the bonding fee.

Reso. 98-17; Ord. 2019-04; paragraph amended 8/23/95 (Reso. 95-91)