The Specific Plan area has been defined in terms of several
separate subdistricts, which are described below. Each subdistrict
has been recognized as a special subarea which is addressed uniquely—each
with its own design guidelines and development standards. Within each
subdistrict, zoning regulations unique to its needs and circumstances
have been devised, and may differ from the current "citywide" zoning
regulations as required.
A.
Haciendas de la Playa Condominiums Subdistrict
The approximate 7.3-acre property was developed in 1985, prior to the City's incorporation, as a condominium development with a total build-out of 99 units. No changes are proposed to this subdistrict. The development standards pursuant to the R-15 Zone, Section 30.16.010 of Title 30 of the Encinitas Municipal Code shall apply (refer to Figure 4).
 |
B.
Residential East Subdistrict
The residential east subdistrict is defined as all parcels east
of Vulcan Avenue and west of Cornish Avenue, south of E Street to
the southern specific plan area boundary as shown in Figure 4.
Although physically separated from the commercial center by
the railroad tracks, the residential east subdistrict provides a primarily
residential neighborhood visually tied into the fabric of the Downtown
Encinitas community. The overall land use goal for this subdistrict
is to maintain its beach-town, small-lot, informal "semi-rural" character.
Existing land uses consist of a mix of approximately fifty percent
single-family and fifty percent duplex residential, two office professional
parcels, four limited visitor-serving commercial parcels, and a park
site.
The previous residential zoning, Residential 11, is changed
to D-R11 in order to allow future duplexes to be constructed on lots
of 5,000 square feet or greater, which is consistent with the existing
subdistrict character. Special road standards for this subdistrict
are addressed under the Circulation Plan, Section 5.2.2.B.
The previous general commercial (GC Zone) properties on Vulcan
Avenue, between E Street and McNeill Avenue, are changed to Office
Professional (D-OP) (Figure 5), which is considered a more appropriate
zone for these properties and recognizes their substantial existing
development. Because of the historic significance of the Derby House,
the specific plan maintains the limited visitor-serving commercial
zoning (D-LVSC), and expands the types of uses allowed to include
office professional type uses that would be compatible with the rehabilitation
of this historic structure, rather than limiting it to a hotel or
motel only. The intent of the specific plan is to encourage the development
of all four parcels between McNeill Avenue and F Street as part of
the historic rehabilitation and restoration of the Derby House.
Mildred MacPherson Park located on Vulcan Avenue between I and
J Streets, is zoned Neighborhood Park (D-NP) in order to distinguish
this site, from other open space/park sites within the specific plan
area.
Property within this subdistrict which requires special design guidelines, land use or historic consideration such as the Derby House site is discussed in Section 4.5.9 and Chapter 8.0 of this specific plan.
C.
Residential West Subdistrict
The subdistrict is defined as all parcels fronting and west
of Third Street to the ocean, south of C Street to the southern specific
plan area boundary.
The Residential west subdistrict is a primary residential neighborhood,
visually, functionally and historically linked together with the Downtown
commercial core. It presents many traditional community beach design
elements, including alleys for auto access, small lots and small-scale
structures, plus formal streets. It also incorporates important community
institutions, churches, and the community's elementary school; and
links the coastal highway to several street-end beach view points.
Like the Residential East Subdistrict, this subdistrict consists
of a mixture of residential uses which include single-family, duplex,
and multi-family residential units. However, other existing uses such
as public/semi-public, commercial, and office professional exist intermittently
along Third Street as shown in Figure 3. Again, the main goal is to
maintain the small scale and beach-town character of the specific
plan area.
The previous zoning in this subdistrict included Residential
15 (now D-R15) north of H Street; Residential 25 (now D-R25) south
of H Street; Public/Semi-Public, at the Pacific View Elementary School
site on the southwest corner of Third and E Streets; and General Commercial
(GC) which includes the parcels fronting the east side of Third Street
between E and F Streets, directly across from the elementary school,
as shown in Figure 3.
 |
Both the D-R15 (for lots of 5,000 square feet or greater)
and D-R25 zones permit duplexes and are limited to two stories in
height for new development.
The existing school site is planned to remain, and is subject to the development standards per Section 30.20.010 of Title 30 of the Encinitas Municipal Code. However, the existing parcels fronting the east side of Third Street between E and F Streets, are changed from General Commercial (GC) to a mixed use zone (D-OM) which allows properties to develop as office professional, high density residential, or a mixture of both types of uses. This designation is more compatible immediately adjacent to the elementary school and surrounding residential uses.
Properties within this subdistrict which require special design guidelines, historic, or land use consideration such as the "Boat Houses" and the old school house/Pacific View Elementary School site are discussed in Section 4.5.9 and Chapter 8.0 of the specific plan.
D.
First Street Corridor Subdistrict
The subdistrict is defined as all parcels fronting First Street south of Encinitas Boulevard and north of K Street excluding those shown in Figure 4. The Limited Visitor-Serving Commercial site is subject to the development standards established for that subdistrict (see the Limited Visitor-Serving Commercial Subdistrict). The Moonlight Beach site is subject to the development standards per Chapter 30.32 of Title 30 of the Encinitas Municipal Code.
The First Street Corridor subdistrict focuses on what also is
referred to as "Main Street".; in fact, First Street and Second Street
together comprise the project area of a Main Street demonstration
project by the State of California. First Street is the focus of greatest
activity for the Downtown community, providing commercial services
for both the surrounding neighborhoods and for recreational visitors
to the beach community. First Street itself is also the continuation
of Coast Highway 101, also known as Pacific Coast Highway. A majority
of Downtown Encinitas' retail and visitor-serving commercial uses
exist along this corridor as well as some mixed uses which include
residential units together with primary commercial uses. First Street
is typified by small commercial lots and pedestrian-scale buildings
relating directly to the street.
The goals for the First Street Corridor include preserving and
enhancing the unique "main street" character of the Downtown area,
providing for mixed uses, and developing specific development standards
that address the unique development character and constraints of the
corridor. Ground floor uses are limited to pedestrian oriented business
services in order to provide a compact walking experience in which
shopping opportunities are highly visible and accessible at the street
level. Other uses shall be permitted above and/or behind the primary
commercial use.
The previous zoning of general commercial (GC) is replaced with
a mixed use zone (D-CM-1). Refer to Section 4.5, for specific design
guidelines for the First Street Corridor.
Properties within this subdistrict which require specific design guidelines, historic, and land use consideration such as the "Coast Dispatch" site, the La Paloma Theater complex, and the proposed commuter rail station site are discussed in Section 4.5.9 and Chapter 8.0 of this specific plan.
E.
Second Street Corridor Subdistrict
The subdistrict is defined as all parcels fronting Second Street
south of C Street to the southern specific plan area boundary.
While part of the Main Street project area, also with small
lots and intimate-scale buildings, the Second Street Corridor subdistrict
has a distinctly different character than First Street. Second Street
does not support the heavy through-traffic found on First Street,
and the character is of less-intense activity. A variety of uses exist
along this subdistrict corridor which include single-family and multi-family
residential, general commercial, public/semi-public, several churches,
heavy commercial, and office professional. Most of the businesses
along Second Street are basic or neighborhood serving rather than
visitor serving. Basic businesses are those that serve other businesses
or have a business that targets a regional market.
Because of the distinctive "neighborhood" character along Second
Street, the overall goal is to maintain the neighborhood or local
commercial uses, encourage mixed uses along the corridor, and develop
specific development standards that address a mixed development pattern
along the corridor.
The previous zoning of general commercial (GC), except for the
public/semi-public uses (fire station and post office) in this subdistrict,
is replaced by a mixed use zone (D-CM-2). Refer to Section 4.5, for
specific design guidelines for the Second Street Corridor.
F.
Cozen's Site Subdistrict
The properties located just south of Moonlight State Beach Park
between First Street and Third Street, will serve as an important
visual and physical anchor for the Downtown area (see Figure 4). These
properties are designated limited visitor-serving commercial by the
General Plan.
Four residential properties directly to the west that front
Third Street have been included in this subdistrict, which enhances
the development potential for limited visitor serving commercial by
providing direct beach access to Moonlight Beach. Potential site restrictions
include limited access from Highway 101 (First Street), and moderate
beach character.
The specific plan proposal for this subdistrict includes a mixed
use zone (D-VCM) which allows visitor-serving commercial (including
hotel or inn), office (business and professional), multi-family residential
(18 dwelling units per acre) uses, or a combination of these uses.
The development standards have been tailored for this subdistrict because of its relationship to the Downtown area and Moonlight Beach Park. The goal was to create development standards that would consider the unique site location and relationship as a potential physical and visual anchor for the Downtown area. The standards encourage a greater floor area ratio, greater building mass and underground parking. Refer to Section 4.5.9, for specific design guidelines for the Cozen's Site property.
G.
Civic Center Subdistrict
The Vulcan Square subdistrict includes the block bounded by
D Street, Vulcan Avenue, E Street, and Cornish Avenue. Previous existing
uses have included general commercial lease space, a county public
library, and the San Dieguito Water District Offices.
The old commercial shopping center fronting Vulcan Avenue has
been acquired and remodeled as Encinitas City Hall. Ultimate integration
may include the incorporation of the library and the San Dieguito
Water Authority facilities in a completely rebuilt civic complex.
The proximity of the property to the Downtown commercial area, surrounding
residential, and proposed transit center requires specific design
guidelines and development standards in order to minimize impacts
to the surrounding area and to capitalize on the site's location and
view potentials. The specific plan also is proposing that neighborhood
commercial uses, incorporated as part of the civic center design,
be allowed along the immediate Vulcan Avenue street frontage, which
would be consistent with the proposed transit center across Vulcan
Avenue.
The previous zoning of general commercial (GC) for the western half of the block and the public/semi-public (P/SP) for eastern half of the block are replaced by civic center (D-CC). Refer to Section 4.5.9, for specific design recommendations for the Civic Center Subdistrict.
H.
Other Subdistricts
1.
Moonlight Beach Park Subdistrict
The objective for this subdistrict is to eventually implement
a Moonlight Beach Master Plan. A concept plan to date includes both
active and passive recreational uses. The concept plan features picnic
and viewing areas; volleyball courts; a tennis court; a basketball
court; tot lot; fire rings; restrooms, concession and maintenance
building; Cottonwood Creek riparian zone and native planting; walkways;
and approximately 231 parking spaces. Cottonwood Creek is a registered
Point of Historical Interest by the State Historical Resources Commission
and is eligible for local landmark designation as discussed in Chapter
8.0.
The subdistrict has been given a new zoning designation of Moonlight
Beach Park (D-MBP) in order to distinguish the site from other open
space/parks within the specific plan area. Also, refer to Section
3.2 for zone-specific development standards.
The specific plan adds a few parcels, which are on the north
side of B Street and are included in the Moonlight Beach Master Plan,
to the Downtown Encinitas Specific Plan Moonlight Beach subdistrict
and D-MBP Zone. These parcels in the past were zoned residential,
as part of the residential neighborhood north of B Street; but these
parcels have always been part of the State-owned Moonlight Beach lands,
and it is intended that they be part of Moonlight Beach's full development.
(see Appendix D).
2.
Railroad Corridor Subdistrict
The subdistrict is defined as all property within the railroad
right-of-including properties owned by the Atchison, Topeka, and Santa
Fe Railroad Company or by the North San Diego County Transit District.
The railroad corridor has been recognized as an area that requires
its own zoning designation in order to ensure that the transportation
corridor is preserved primarily for public transportation. The subdistrict
also allows accessory uses within the corridor such as recreational
trails, parking, passive parks, etc. as long as these uses do not
encumber the public transportation uses. These uses are listed under
the proposed Transportation Corridor zone (D-TC).
3.2.0
C.
Subdistricts and Zones
Distinct subdistricts were created through the specific plan
process, each with its own special development standards. Zones are
contained in each subdistrict, and use allowances and development
standards are provided for each zone. The following provides a listing
of each subdistrict and each zone within each subdistrict.
|
Subdistrict
|
Zone*
|
|---|---|
|
Haciendas de la Playa Condominiums
|
D-R15
|
|
Residential East
|
D-R11
|
|
|
D-VSC
|
|
|
D-OP
|
|
|
D-NP
|
|
Residential West
|
D-R15
|
|
|
D-R25
|
|
|
D-OM
|
|
|
D-P/SP
|
|
First Street Corridor
|
D-CM-1
|
|
Second Street Corridor
|
D-CM-2
|
|
|
D-P/SP
|
|
Cozen's Site
|
D-VCM
|
|
Civic Center
|
D-CC
|
|
Railroad Corridor
|
D-TC
|
|
Moonlight Beach Park
|
D-MBP
|
|
*
|
A "D" precedes the zone code designations in order to distinguish
properties within the Downtown Encinitas Specific Plan area.
|
D.
Zones and Development Standards
1.
In order to classify, designate, regulate and restrict the uses of
land, buildings, and other structures to achieve the purposes of this
Specific Plan and of the General Plan of the City of Encinitas, the
zones and development standards described in the tables below were
established. The development standards are minimum unless otherwise
stated.
2.
The following development standards shall apply. Title 30 of the Encinitas Municipal Code standards shall apply when referenced. If there is a conflict between the development standards of this Section and Title 30 of the Encinitas Municipal Code, the development standards of this Section supersede.
3.2.1
Residential Zones
A.
Zone: Residential 11 (D-R11)
This zone is intended to provide for residential development
ranging from single-family detached units to duplex development. The
overall density yield from development in the specific plan area under
this zone is expected to be 11 units per acre, however, on qualifying
individual lots, duplex use is allowed on lots as small as 5,000 sq.
ft.
The following principal uses shall be permitted in the D-R11 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Cottage Food Operations (Ord. 2015-01)
| |
|
Dwelling Unit, One-Family
| |
|
Dwelling Unit, Two-Family1
| |
|
Educational Institution, Public
| |
|
Family Day Care Home, Small or Large, (accessory to a single
family dwelling only)
| |
|
Home Occupations
| |
|
Mobile Home (individual dwelling unit)
| |
|
Qualified Employee Housing (six or fewer employees)2
| |
|
Qualified Employee Housing (seven or more employees)3
| |
|
Residential Care, Limited (6 or fewer)
| |
|
Schools, Public: (Elementary, Jr. High, High School)
| |
|
Supportive Housing4
| |
|
Transitional Housing4
| |
|
1
|
Duplex is a permitted use on lot of 5,000 S.F. gross or greater.
|
|
2
|
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.
|
|
3
|
Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for requirements.
|
|
4
|
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.
|
2.
Minor Use Permits:
|
Bed and Breakfast
|
|
Day Care Center (more than 6 children/clients)
|
|
Fire Station
|
|
Horticultural Services
|
3.
Major Use Permits:
|
Cellular Facility (Ord. 91-03)
|
|
Convent and Monastery
|
|
Educational Institution, Private
|
|
Electrical Distribution Substation
|
|
Hospital, Convalescent
|
|
Library
|
|
Mobile Home Park
|
|
Parks and Recreational Areas
|
|
Recreational Facilities Public
|
|
Religious Institution
|
|
Residential Care, General (7 or more)
|
|
Schools, Private: (Elementary, Jr. High, High School)
|
4.
Development Standards:
a.
Net Lot Area: 5,000 net square feet minimum
c.
Landscaping:
1.
Refer to Section 4.8, Landscape Guidelines for all new and rehabilitated
landscape projects.
2.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Land-scape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4′ diameter tree well with automatic irrigation
and metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in landscape plans.
3.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
d.
Noise Mitigation: Properties which front on Vulcan Avenue
or are adjacent to the railroad right-of-way may be subject to noise
impacts from rail and transit operations. Proposed new development
on such properties for noise-sensitive uses as determined under the
Noise Element of the Encinitas General Plan, including residential,
shall provide an analysis by an acoustical engineer to demonstrate
compliance with the maximum interior noise average of LDN 45dB.
5.
Sign Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-R11 Zone.
6.
Design Recommendations: In the D-R11 zone, applicable
Specific Plan Design Recommendations shall be considered in addition
to the development standards of this section. The development standards
shall take precedence if a conflict exists between a development standard
and a design recommendation.
B.
Zone: Residential 15 (D-R15)
This zone is intended to provide for residential development,
including single-family units (attached and detached), duplex units,
apartment development and senior housing, with a maximum density of
15 units per acre.
The following principal uses shall be permitted in the D-R15 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Cottage Food Operations (Ord. 2015-01)
| |
|
Dwelling Unit, One-Family
| |
|
Dwelling Unit, Two-Family1
| |
|
Dwelling Unit, Three-Family
| |
|
Dwelling Unit, Multiple Family
| |
|
Educational Institution, Public
| |
|
Family Day Care Home, Small or Large, (accessory to a single
family dwelling only)
| |
|
Home Occupations
| |
|
Mobile Home (individual dwelling unit)
| |
|
Qualified Employee Housing (six or fewer employees)2
| |
|
Qualified Employee Housing (seven or more employees)3
| |
|
Residential Care, Limited (6 or fewer)
| |
|
Schools, Public: (Elementary, Jr. High, High School)
| |
|
Single Room Occupancy Housing5
| |
|
Supportive Housing4
| |
|
Transitional Housing4
| |
|
1
|
Duplex is a permitted use on lot of 5,000 S.F. gross or greater
|
|
2
|
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.
|
|
3
|
Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for requirements.
|
|
4
|
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.
|
|
5
|
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.
|
2.
Minor Use Permits:
|
Bed and Breakfast
|
|
Day Care Center (more than 6 children/clients)
|
|
Fire Station
|
|
Horticultural Services
|
3.
Major Use Permits:
|
Athletic Field
|
|
Cellular Facility (Ord. 91-03)
|
|
Cemetery
|
|
Convent and Monastery
|
|
Educational Institution, Private
|
|
Electrical Distribution Substation
|
|
Hospital, Convalescent
|
|
Library
|
|
Mobile Home Park
|
|
Parks and Recreational Areas
|
|
Recreational Facilities Public
|
|
Religious Institution
|
|
Residential Care, General (7 or more)
|
|
Schools, Private: (Elementary, Jr. High, High School)
|
4.
Development Standards: The following development standards apply to development sites of 10,000 sq. ft. in area or less. For sites greater than 10,000 sq. ft. in area, the regulations of Chapters 30.16 and 30.54 of the Encinitas Municipal Code for the R-15 Zone shall apply.
|
a.
|
Net Lot Area:
|
5,000 net square feet minimum.
|
|
b.
|
Lot Width:
|
50 feet
|
|
c.
|
Lot Depth:
|
100 feet
|
|
d.
|
Front Yard Setback
|
15 feet
|
|
e.
|
Side Yard Setback for each interior side:
|
5 feet
|
|
f.
|
Street Side Yard Setback:
|
5 feet
|
|
g.
|
Rear Yard Setback:
|
10 feet1
|
|
h.
|
Lot Coverage maximum percentage:
|
50 percent2
|
|
i.
|
Building Height Maximum:
|
Per Section 30.16.010B7, Title 30 of the Encinitas Municipal Code
|
|
j.
|
Off Street Parking:
|
|
1
|
Garages and carports may come as close as 5 ft. to the rear
property line off an alley, provided that parking accesses directly
from the alley and minimum back-out area is maintained.
|
|
2
|
Lot coverage may increase up to a maximum of 60%, as approved
through design review in recognition of superior design, as determined
by the design review authority.
|
k.
Landscaping:
1.
Refer to Section 4.8, Landscape Guidelines for all new and rehabilitated
landscape projects.
2.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4′ diameter tree well with automatic irrigation
and metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in landscape plans.
3.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
l.
Noise Mitigation: Properties which front on Vulcan Avenue
or are adjacent to the railroad right-of-way may be subject to noise
impacts from rail and transit operations. Proposed new development
on such properties for noise-sensitive uses as determined under the
Noise Element of the Encinitas General Plan, including residential,
shall provide an analysis by an acoustical engineer to demonstrate
compliance with the maximum interior noise average of LDN 45dB.
5.
Sign Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-R15 Zone.
6.
Design Recommendations: In the D-R15 Zone, applicable
Specific Plan Design Recommendations shall be considered in addition
to the development standards in this section. The development standards
shall take precedence if a conflict exists between a development standard
and a design recommendation.
C.
Zone: Residential 25 (D-R25)
This zone is intended to provide for compatible high density
multiple-family residential development including apartments, condominiums,
and senior housing, with a maximum density of 25 units per net acre.
The following principal uses shall be permitted in the D-R25 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Cottage Food Operations (Ord. 2015-01)
| |
|
Dwelling Unit, One-Family
| |
|
Dwelling Unit, Two-Family
| |
|
Dwelling Unit, Three-Family
| |
|
Dwelling Unit, Multiple Family
| |
|
Educational Institution, Public
| |
|
Family Day Care Home, Small or Large, (accessory to a single
family dwelling only)
| |
|
Home Occupations
| |
|
Mobile Home (individual dwelling unit)
| |
|
Qualified Employee Housing (six or fewer employees)1
| |
|
Qualified Employee Housing (seven or more employees)2
| |
|
Residential Care, Limited (6 or fewer)
| |
|
Schools, Public: (Elementary, Jr. High, High School)
| |
|
Single Room Occupancy Housing4
| |
|
Supportive Housing3
| |
|
Transitional Housing3
| |
|
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
|
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.
|
2.
Minor Use Permits:
|
Bed and Breakfast
|
|
Day Care Center (more than 6 children/clients)
|
|
Fire Station
|
|
Horticultural Services
|
3.
Major Use Permits:
|
Athletic Field
|
|
Cellular Facility (Ord. 91-03)
|
|
Cemetery
|
|
Convent and Monastery
|
|
Educational Institution, Private
|
|
Electrical Distribution Substation
|
|
Hospital, Convalescent
|
|
Library
|
|
Mobile Home Park
|
|
Parks and Recreational Areas
|
|
Recreational Facilities Public
|
|
Religious Institution
|
|
Residential Care, General (7 or more)
|
|
Schools, Private: (Elementary, Jr. High, High School)
|
4.
Development Standards:
|
a.
|
Net Lot Area:
|
5,000 net square feet minimum.
|
|
b.
|
Lot Width:
|
50 feet
|
|
c.
|
Lot Depth:
|
100 feet
|
|
d.
|
Front Yard Setback
|
15 feet
|
|
e.
|
Side Yard Setback for each interior side:
|
5 feet
|
|
f.
|
Street Side Yard Setback:
|
5 feet
|
|
g.
|
Rear Yard Setback:
|
10 feet1
|
|
h.
|
Lot Coverage maximum percentage:
|
50 percent2
|
|
i.
|
Building Height Maximum:
|
Per Section 30.16.010B7, Title 30 of the Encinitas Municipal Code
|
|
j.
|
Off Street Parking:
|
|
1
|
Garages and carports may come as close as 5 ft. to the rear
property line off an alley, provided that parking accesses directly
from the alley and minimum back-out area is maintained.
|
|
2
|
Lot coverage may increase up to a maximum of 60%, as approved
through design review in recognition of superior design, as determined
by the design review authority.
|
k.
Landscaping:
1.
Refer to Section 4.8, Landscape Guidelines for all new and rehabilitated
landscape projects.
2.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4′ diameter tree well with automatic irrigation
and metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in landscape plans.
3.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
5.
Sign Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-R15 Zone.
6.
Design Recommendations: In the D-R25 Zone, applicable
Specific Plan Design Recommendations shall be considered addition
to the development standards in this section. The development standards
shall take precedent if a conflict exists between a development standard
and a design recommendation.
3.2.2
Commercial Zones
A.
Zone: Office Professional (D-OP)
This zone is intended to provide primarily for the development
of professional and administrative offices, with some accessory retail
and service uses.
The following principal uses shall be permitted in the D-OP Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Art Gallery
| |
|
Acupuncture (Ord. 2015-01)
| |
|
Bank/Savings and Loan
| |
|
Barber and Beauty Shop (Cosmetologist)1
| |
|
Blueprinting and Photostating
| |
|
Chiropractor (Ord. 2015-01)
| |
|
Conservatory of Music
| |
|
Cosmetic Design Studio
| |
|
Co-Working Space
| |
|
Day Care Center
| |
|
Dental Clinic
| |
|
Dental Clinic, Canine/Feline (Ord. 2015-01)
| |
|
Educational Institution, Public
| |
|
Educational Institution, private
| |
|
Employment Agency
| |
|
Finance Company
| |
|
Fire Station
| |
|
Florist Shop1
| |
|
Hair Salon (Ord. 91-03)1
| |
|
Interior Decorating Service
| |
|
Laboratories (medical, dental)
| |
|
Newsstand2
| |
|
Medical/Dental Clinic
| |
|
Medical/Dental Office
| |
|
Office (Business and Professional)
| |
|
Optical Products Sales
| |
|
Orthopedic Devices Sales
| |
|
Parcel Delivery Service
| |
|
Parks and Recreational Areas
| |
|
Photocopy Shop
| |
|
Photographic Studio
| |
|
Post Office
| |
|
Postal Annex, Private Ownership
| |
|
Printing
| |
|
Public Utilities: Office
| |
|
Real Estate Office
| |
|
Reducing Salon
| |
|
Schools, Private: (Elementary, Jr. High, High School)
| |
|
Schools, Public: (Elementary, Jr. High, High School)
| |
|
Stone (Precious) Manufacturing
| |
|
Telephone Answering Service
| |
|
1
|
Permitted as ancillary use when in conjunction with an office/professional
complex, as defined in Title 30 of the Encinitas Municipal Code.
|
|
2
|
Not related to sidewalk newsracks
|
2.
Minor Use Permits:
|
Museum
|
|
Tutoring Center (Ord. 2015-01)
|
3.
Major Use Permits:
|
Bakery (Retail)
| |
|
Cellular Facility (Ord. 91-03)
| |
|
Club, Private
| |
|
Group Exercise1 (Ord. 2015-01)
| |
|
Hospital
| |
|
Hospital, Convalescent
| |
|
Hospital, Nursing
| |
|
Library
| |
|
Radio/Television Broadcasting Studio
| |
|
Radio/Television Transmitter
| |
|
Recording Studio
| |
|
Recreational Facilities Private
| |
|
Recreational Facilities Public
| |
|
Religious Institution
| |
|
Residential Care (7 or more)
| |
|
Veterinarian
| |
|
1
|
Including but not limited to dance studio, yoga, martial arts,
Pilates or other similar group exercise class.
|
4.
Development Standards:
|
a.
|
Net Lot Area:
|
5,000 net square feet minimum.
|
|
b.
|
Lot Width:
|
50 feet
|
|
c.
|
Lot Depth:
|
100 feet
|
|
d.
|
Vulcan Avenue Setback
|
0 feet
|
|
e.
|
Side Yard Setback for each interior side:
|
10 feet
|
|
f.
|
"E" St., McNeill Avenue Setbacks:
|
20 feet
|
|
g.
|
Rear Yard Setback:
|
10 feet
|
|
h.
|
Lot Coverage maximum percentage:
|
90 percent
|
|
i.
|
Building Height Maximum:
|
30 feet or two stories, whichever is less (See Section 30.20.010C6, Title 30 of the Encinitas Municipal Code)
|
|
j.
|
Floor/Area Ratio maximum:
|
0.65
|
|
k.
|
Off-Street Parking:
|
l.
Landscaping:
1.
15 percent[1] (See Section 4.8, Landscape Guidelines)
[1]
Pedestrian plazas, which include site amenities such as sculpture,
fountains, planters, enhanced paving, etc., may be counted as landscaping.
This does not relieve development sites of the requirement to provide
minimum amount of trees and planting.
2.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4′ diameter tree well with automatic irrigation
and metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in Landscape plans.
3.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
5.
Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-OP Zone.
6.
Design Recommendations: In the D-OP Zone, applicable
Specific Plan Design Recommendations shall be considered in addition
to the development standards in this section. The development standards
shall take precedence if a conflict exists between a development standard
and a design recommendation.
B.
Zone: Visitor-Serving Commercial (D-VSC)
This zone is intended to provide for hotel/motel uses, eating
and drinking establishments, food and beverage retail sales, entertainment,
and other principal visitor-serving uses specifically intended to
serve the needs of persons visiting the City. All other permitted
or conditionally permitted uses specified in the Specific Plan for
areas zoned Visitor-Serving Commercial (D-VSC) such as selected commercial
retail, commercial service, professional and administrative office
type uses that would be compatible with the rehabilitation of the
existing historic building, shall be considered ancillary uses to
the allowable principal uses. Ancillary or non-principal uses shall
not occupy or utilize more than 30% of the ground floor area. Preservation
of the Derby House historic structures are intended under this zone.
The following principal uses shall be permitted in the D-VSC Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Acupuncture (Ord. 2015-01)1
| |
|
Art Gallery1
| |
|
Artisan/Craftsman (sales & studio)1
| |
|
Bakery (Retail)1
| |
|
Barber and Beauty Shop (Cosmetologist)1
| |
|
Bed and Breakfast
| |
|
Book Sales1
| |
|
Chiropractor1 (Ord. 2015-01)
| |
|
Co-Working Space
| |
|
Dwelling Unit, Caretaker - accessory to the principal use
| |
|
Educational Institution, Public1
| |
|
Florist Shop1
| |
|
Gift Shop1
| |
|
Group Exercise1, 2 (Ord. 2015-01)
| |
|
Hotel
| |
|
Jewelry Sales1
| |
|
Medical/Dental Office1
| |
|
Motel
| |
|
Museum1
| |
|
Newsstand3
| |
|
Office (Business and Professional)1
| |
|
Photographic Studio1
| |
|
Real Estate Office1
| |
|
Restaurant (no alcohol sales; outdoor dining permitted)1
| |
|
Retail Sales1
| |
|
1
|
Permitted only as a rehabilitation use of the existing Derby
House. If the Derby House historic structure is removed or demolished,
these uses are not permitted.
|
|
2
|
Including but not limited to dance studio, yoga, martial arts,
Pilates or other similar group exercise class. (Ord. 2015-01)
|
|
3
|
In conjunction with a permitted use.
|
2.
Minor Use Permits:
|
Day Care Center1
| |
|
Hair Salon (Ord. 91-03)1
| |
|
Restaurant (w/alcohol sales; outdoor dining permitted)1
| |
|
Wearing Apparel Shop1
| |
|
1
|
Permitted only as a rehabilitation use of the existing Derby
House. If the Derby House historic structure is removed or demolished,
these uses are not permitted.
|
3.
Major Use Permits:
|
Cellular Facility (Ord. 91-03)
| |
|
Theaters and Places of Public Assembly1
| |
|
1
|
Permitted only as a rehabilitation use of the existing Derby
House. If the Derby House historic structure is removed or demolished,
these uses are not permitted.
|
4.
Development Standards:
|
a.
|
Net Lot Area:
|
16,900 net square feet minimum.
|
|
b.
|
Lot Width:
|
169 feet
|
|
c.
|
Lot Depth:
|
100 feet
|
|
d.
|
Front Yard (Vulcan Avenue Setback):
|
0 feet
|
|
e.
|
Side Yard Setback for each interior side:
|
10 feet
|
|
f.
|
Street Side Yard (McNeil Ave., F St.) Set-backs:
|
20 feet
|
|
g.
|
Rear Yard Setback:
|
10 feet
|
|
h.
|
Lot Coverage maximum percentage:
|
35 percent
|
|
i.
|
Building Height Maximum:
|
30 feet or two stories, which-ever is less (See Section 30.20.010C6, Title 30 of the Encinitas Municipal Code)
|
|
j.
|
Floor/Area Ratio maximum:
|
0.65
|
|
k.
|
Off-Street Parking:
|
l.
Landscaping:
1.
15 percent (Refer to Section 4.8, Landscape Guidelines)
2.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4' diameter tree well with automatic irrigation and
metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in Landscape plans.
3.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
m.
Noise Mitigation: Properties which front on Vulcan Avenue
or are adjacent to the railroad right-of-way may be subject to noise
impacts from rail and transit operations. Proposed new development
on such properties for noise-sensitive uses as determined under the
Noise Element of the Encinitas General Plan, including residential,
shall provide an analysis by an acoustical engineer to demonstrate
compliance with the maximum interior noise average of LDN 45dB.
5.
Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-VSC Zone.
6.
Design Recommendations: In the D-VSC Zone, applicable
Specific Plan Design Recommendations shall be considered in addition
to the development standards in this section. The development standards
shall take precedence if a conflict exists between a development standard
and a design recommendation.
3.2.3
Mixed Use Zones
A.
Zone: Commercial Mixed - First Street (D-CM-1)
This zone is intended to provide a commercial zoning district
that preserves the unique characteristics of the First Street Corridor
(S. Coast Highway 101) and maintains a pedestrian-oriented environment.
Commercial is intended to serve both the needs
of the neighborhood residents as well as persons visiting the city
for business and recreational purposes. Thus, this district is intended
for both general and visitor-serving commercial purposes. In order
to maintain a pedestrian-scale environment and economically viable
downtown, ground floor uses shall be limited to business services
that serve patrons on an unannounced or drop-in basis. Residential
and other commercial uses not engaged in "retail only" (such as medical,
professional, and administrative offices) are generally permitted
above and/or behind the primary use, as specified herein.
"Retail Only" is primarily characterized by businesses
that either sell goods and commodities for personal household or business
consumption, individually or in small quantities; or provide services
that are pedestrian oriented, serving patrons on an unannounced or
drop-in basis, as identified in Section 3.2.3.A.(1).
First Floor Retail is intended to provide a wide
variety of retailing opportunities and other pedestrian oriented uses
that are highly visible and accessible at the street level. Interruptions
to the continuity of retail frontage along S. Coast Highway 101 decreases
pedestrian traffic. Thus, ground floor uses shall be limited to businesses
that demonstrate a dependency on walk-up traffic to maintain a compact,
uninterrupted walking experience.
All uses credited towards meeting the required retail frontage
standards must conduct a majority of transactions directly with the
consumer (with face-to-face interaction on the premises). In order
to increase economic synergy and liveliness of the downtown, only
specific commercial activities and uses are allowed in storefront
areas. See First Floor Retail standards, Section 3.2.3.A (4)(n).
Commercial use mixed with restricted residential use may be
allowed on the same property or in the same structure, with the intent
of providing housing opportunities and mitigating the impacts between
mixed commercial and residential uses.
Residential, as a secondary use on commercial property,
is intended to provide residential units with a minimum dwelling unit
size of 350 square feet. Mixed-use residential is not allowed to use
more than half of any site's building floor area except when guaranteed
affordable dwelling units are provided. See Mixed Use Site Planning
standards, Section 3.2.3.A (4)(m).
It is the intention of the D-CM-1 Zone to allow for significant
functional and physical integration of project components of mixed
commercial and residential uses. Consideration will be given to joint
use of parking, common areas, landscaping, specific visitor-serving
commercial types of uses and associated intensities, housing types
and sizes of units, and overall architectural design.
The following principal uses shall be permitted in the D-CM-1 Zone and are identified as either a permitted use or those uses permitted upon the issuance of a minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. Those uses permitted or prohibited in a storefront location are also identified. All other principal uses are prohibited.
1.
Permitted Uses:
|
|
Prohibited in a storefront location
|
|---|---|
|
Acupuncture (Ord. 2015-01)
|
X
|
|
Alcoholic Beverage Sales off premises (Ord. 91-03)
|
|
|
Antique Sales, Retail
|
|
|
Appliance Sales & Repair (Household and Small Appliances)
|
|
|
Aquarium, Commercial
|
|
|
Arcade Accessory (Non-Adult)
|
|
|
Art Gallery
|
|
|
Artisan/Craftsman (sales & studio)
|
|
|
Bakery (Retail)
|
|
|
Bank/Savings and Loan
|
|
|
Barber and Beauty Shop (Cosmetologist)
|
|
|
Bicycle Sales, Rental and Service
|
|
|
Billiard, Pool Hall
|
|
|
Book Sales
|
|
|
Candy and Confectionery Sales
|
|
|
Cannabis - Retailer8
|
|
|
Catering Service
|
|
|
Cellular Facility (Ord. 91-03; subject to EMC 9.70)
|
|
|
Chiropractor (Ord. 2015-01)
|
X
|
|
Clothing Rental
|
|
|
Coins, Purchase and Sales
|
|
|
Computer Sales & Service
|
|
|
Conservatory of Music
|
|
|
Convenience Store
|
|
|
Cosmetic Design Studio
|
|
|
Costume Rentals
|
|
|
Cottage Food Operations3 (Ord. 2015-01)
|
|
|
Co-Working Space
|
X
|
|
Dairy Store
|
|
|
Day Care Center
|
X
|
|
Day Spa, Beauty Treatment Services
|
|
|
Delicatessen
|
|
|
Dental Clinic
|
X
|
|
Dental Clinic, Canine/Feline (Ord. 2015-01)
|
X
|
|
Dressmaking Shop/Alterations
|
|
|
Drug Store2
|
|
|
Dry Cleaning, Retail and Self-Service2
|
|
|
Dwelling Unit, Caretaker - accessory to the principal use (Ord.
91-07)
|
X
|
|
Dwelling Unit, One-Family, in a mixed-use development1
|
X
|
|
Dwelling Unit, Two-Family, in a mixed-use development1
|
X
|
|
Dwelling Unit, Three-Family, in a mixed-use development1
|
X
|
|
Educational Institution, Public
|
|
|
Finance Company
|
X
|
|
Fire Station
|
|
|
Floor Covering, Retail2
|
|
|
Florist Shop
|
|
|
Furniture Sales2
|
|
|
Garden Supplies2
|
|
|
Gem/Precious Stone Retail
|
|
|
Gift Shop
|
|
|
Glass and Mirrors, Retail
|
|
|
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)
|
|
|
Hair Salon (Ord. 91-03)
|
|
|
Hardware Store2
|
|
|
Hat Cleaning and Blocking
|
|
|
Hat Shop
|
|
|
Health Food Store
|
|
|
Hobby Supply Shop
|
|
|
Home Occupations
|
X
|
|
Ice Cream Parlor
|
|
|
Insurance Office
|
|
|
Interior Decorating Service
|
|
|
Jewelry Sales
|
|
|
Lapidary Shop, Retail (Gems)
|
|
|
Laundromat
|
|
|
Laundry
|
|
|
Locksmith
|
|
|
Machine and Tool Sales (Retail Store)2
|
|
|
Mail Order House
|
X
|
|
Market (food)2
|
|
|
Market (wholesale)2
|
X
|
|
Medical/Dental Office
|
X
|
|
Medical/Dental Clinic
|
X
|
|
Microwave Antenna/Tower
|
|
|
Motorcycle Sales (only)
|
|
|
Motor Vehicle Parts Store2
|
|
|
Museum
|
|
|
Music/Record Store
|
|
|
Newsstand
|
|
|
Notions and Dry Goods Store
|
|
|
Office (Business and Professional)
|
X
|
|
Optical Products Sales
|
|
|
Orthopedic Devices Sales
|
|
|
Paper Product Sales
|
|
|
Parcel Delivery Service
|
X
|
|
Pet Shop/Pet Grooming
|
|
|
Pharmacy2
|
|
|
Photocopy Shop
|
|
|
Photofinishing, Retail
|
|
|
Photographic Studio
|
|
|
Photographic Supplies
|
|
|
Postal Annex, Private Ownership
|
|
|
Pottery Manufacturing
|
|
|
Pottery Sales
|
|
|
Printing
|
|
|
Qualified Employee Housing - Six or Fewer1,4
|
X
|
|
Radio/Television Sales
|
|
|
Real Estate Office
|
|
|
Reducing Salon
|
|
|
Residential Care, Limited (6 or fewer)1
|
X
|
|
Restaurant (no alcohol sales; outdoor dining permitted by design
review)
|
|
|
Retail Sales2
|
|
|
Schools, Public: (Elementary, Jr. High, High School)
|
|
|
Scientific Instruments Sales
|
X
|
|
Second Hand Dealer (Ord. 91-03)
|
|
|
Second Hand Store
|
|
|
Shoe Repair/Sales
|
|
|
Sidewalk Dining (encroachment permit required)
|
|
|
Sign Shop
|
|
|
Silk Screen Printing Shop
|
|
|
Single Room Occupancy Housing1,6
|
X
|
|
Sporting Goods Sales2
|
|
|
Stationery Store
|
|
|
Supportive Housing1,5
|
X
|
|
Surf Shop Retail/Rental
|
|
|
Surf Shop with Manufacturing
|
|
|
Swimming Pool Supplies/Equipment Sales
|
|
|
Tailor Shop
|
|
|
Theaters and Places of Public Assembly
|
|
|
Tile Sales
|
|
|
Transitional Housing1,5
|
X
|
|
Video Sales & Rental
|
|
|
Wearing Apparel Shop
|
|
|
1
|
Permitted in conjunction with a permitted commercial or office
use. Dwelling units may not exceed 50% of the gross developed floor
area for this development site.
|
|
2
|
Total gross floor area greater than 20,000 square feet shall
require a major use permit.
|
|
3
|
Accessory to a residential use per EMC 30.48.040L (Ord. 2015-01)
|
|
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
|
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.
|
|
6
|
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.
|
|
X
|
Prohibited in a storefront location; Permitted above and/or
behind primary commercial use in a non-storefront location. Ground
floor uses in storefront locations shall be limited to "retail only"
and/or business that serve patrons on an unannounced or drop-in basis.
See First Floor Retail Standards, Section 3.2.3.A(4)(n).
|
|
8
|
See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.
|
2.
Minor Use Permits:
|
|
Prohibited in a storefront location
|
|---|---|
|
Arcade Primary (Non-Adult)
|
|
|
Bowling Alley
|
X
|
|
Candle Manufacturing
|
|
|
Car Wash (Ord. 89-41)
|
|
|
Charitable Bins and Depositories (accessory)
|
|
|
Gas Distribution, Meter and Control Station
|
X
|
|
Outdoor Sales/Swap Meet (Ord. 91-03)
|
|
|
Pawn Shop
|
|
|
Religious Institution
|
|
|
Restaurant (with alcohol sales; outdoor dining permitted)
|
|
|
Swap Meet/Outdoor Sales (Ord. 91-03)
|
|
|
Tutoring Center (Ord. 2015-01)
|
X
|
|
X
|
Prohibited in a storefront location; Permitted above and/or
behind primary commercial use in a non-storefront location. Ground
floor uses in storefront locations shall be limited to "retail only"
and/or business that serve patrons on an unannounced or drop-in basis.
See First Floor Retail Standards, Section 3.2.3.A (4)(n).
|
3.
Major Use Permits:
|
|
Prohibited in a storefront location
|
|---|---|
|
Bar/Cocktail Lounge
|
|
|
Club, Athletic or Recreational
|
X
|
|
Club, Private
|
X
|
|
Club, with Alcohol Sales
|
X
|
|
Courts, Commercial (Badminton, Tennis, Racquetball, Others)
|
X
|
|
Dance Hall
|
X
|
|
Educational Institution, Private
|
X
|
|
Electrical Distribution Substation
|
|
|
Emergency Residential Shelter
|
X
|
|
Garage, Public Parking
|
X
|
|
Grocery Store
|
|
|
Gymnasium, Public Health Club
|
|
|
Hotel
|
|
|
Jewelry Manufacturing
|
|
|
Library
|
|
|
Massage Parlor
|
|
|
Medical Complex
|
X
|
|
Motel
|
|
|
Motorcycle Sales and Service
|
|
|
Open Air Theater
|
|
|
Parking Lot, Commercial
|
X
|
|
Radio/Television Broadcasting Studio
|
X
|
|
Radio/Television Transmitter
|
|
|
Recording Studio
|
X
|
|
Recreational Facilities Private
|
X
|
|
Recreational Facilities Public
|
|
|
Residential Care, General (7 or more)
|
X
|
|
Schools, Private: (Elementary, Jr. High, High School)
|
X
|
|
Schools, Technical
|
X
|
|
Terminals and Stations (Taxi, Bus, Train, Limousine etc.)
|
|
|
X
|
Prohibited in a storefront location; Permitted above and/or
behind primary commercial use in a non-storefront location. Ground
floor uses in storefront locations shall be limited to "retail only"
and/or business that serve patrons on an unannounced or drop-in basis.
See First Floor Retail Standards, Section 3.2.3. A (4)(n).
|
4.
Agriculture Permits:
|
|
Prohibited in a storefront location
|
|---|---|
|
Farmers' Market
|
|
5.
Development Standards: Except as specified below, the development standards under Chapter 30.20 of the Encinitas Municipal Code for the GC Zone shall apply under the D-CM-1 Zone. In case of conflict between regulations, those specified below shall prevail:
|
a.
|
Net Lot Area:
|
32,000 net square feet minimum.
|
|
b.
|
Lot Width:
|
40 feet
|
|
c.
|
Lot Depth:
|
80 feet*
|
|
d.
|
Front Yard Setback:
|
0 feet
|
|
e.
|
Side Yard Setback for each interior side:
|
0 feet
|
|
f.
|
Street Side Yard Setback:
|
0 feet
|
|
g.
|
Rear Yard Setback:
|
0 feet
|
|
h.
|
Lot Coverage maximum percentage:
|
90 percent
|
|
i.
|
Building Height Maximum:
|
30 feet or two stories, whichever is less (See Section 30.20.010C6 of the Encinitas Municipal Code); except that, if a development project includes one or more dwelling units guaranteed affordable to low or very low income households as defined in the Encinitas Housing Element, the maximum building height is 33 feet or three stories, whichever is less.
|
|
j.
|
Off-Street Parking:
|
Off-street parking facilities shall be designed so that a car
within a parking facility will not have to enter a street to move
from one location to another within the same parking facility. For
additional requirements, see Parking Requirements, Section 3.3.
|
|
*
|
East side of First Street, lot depth shall extend from First
Street to the railroad right-of-way. West side of First Street, lot
depth shall extend from First Street to either the existing alley
or to Second Street. In no case shall an existing alley be blocked.
|
k.
Landscaping:
1.
A minimum of 5% of the area of a development site shall be landscaped
(See Section 4.8, Landscape Guidelines).
2.
Landscaping in parking areas shall be predominantly trees to provide
shade and visual relief.
3.
Landscaping in parking areas shall include one fifteen (15) gallon
tree for every four parking spaces evenly distributed throughout the
parking area.
4.
Site landscaping shall include a combination of trees, shrubbery,
vines, or groundcovers, all of which shall be drought-tolerant;
5.
All landscaped areas shall be watered by an automatic irrigation
system and regularly maintained in a healthy and thriving condition
free of weeds, trash, debris;
6.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4' diameter tree well with automatic irrigation and
metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in Landscape plans.
7.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
l.
General Site Planning: In the D-CM-1 Zone, the following
development standards shall apply:
1.
Site planning shall include consideration of adjoining parcels in
terms of building configuration, building design, and scale of landscaping
materials, circulation/parking configuration and access.
2.
Except for outdoor dining establishments, all uses shall be located
within an enclosed building unless authorized by a Minor Use Permit.
3.
Development on sites abutting the railroad right-of-way shall prevent
general access to and across the railroad tracks by the placement
of buildings, fencing and/or landscaping dense enough to prevent encroachment,
or any combination, consistent with the other development standards
of this zone.
m.
Mixed Use Site Planning: In the D-CM-1 Zone, the following
development standards shall apply for projects which mix commercial
or office with residential in the same development site:
1.
Residential uses shall be located above and/or behind the primary
commercial use.
2.
Residential uses shall not exceed 50 percent of the gross building
floor area for the development site; except that when a development
project includes one or more dwelling units guaranteed affordable
to low or very low income households as defined in the Encinitas Housing
Element, residential uses may exceed 50 percent of the gross building
floor area by the amount of the gross floor area of the guaranteed
affordable unit (s).
3.
Separate building entrances shall be required for residential and
commercial uses when occupying the same structure (This does not preclude
secondary interior access between commercial and residential uses,
in addition to the required separate accesses, provided that residential
access to or through commercial uses avoids unsafe commercial areas).
n.
First Floor Retail
1.
The retail component of a "retail only" business must be at least
on the ground floor.
2.
Other commercial uses shall be permitted above and/or behind the
primary commercial use.
3.
The retail store requirements do not apply to uses where public access
to S. Coast Highway 101 has been blocked by public improvements.
4.
All uses credited towards meeting the required retail and service
frontage standards shall have one or more of the following: active
retailing opportunities, product and sales displays, custom manufacturing
(as defined in EMC 30.04), studio demonstrations, or other similar
retail service component facilitating the frequent or needed personal
service in the storefront area.
5.
For the purposes of this section, storefront is defined as an interior
dimension of a building, measuring not less than twenty feet in depth
from the side or portion of the store facing a public street (S. Coast
Highway 101 and side streets in the D-CM-1 Zone) or pedestrian thoroughfare
at street level.
6.
Pedestrian thoroughfare is defined as open places (public or private)
with street level visibility or areas adjacent to plazas, courtyards,
and congregating or gathering places with street level visibility.
7.
The side or portion of a store facing an alley or secondary means
of access to abutting properties located at the rear or side of a
property is not subject to the required retail frontage standards.
8.
A business, use, or activity may have more than one storefront location.
9.
All uses shall be conducted entirely within the building except otherwise
permitted in this section. Any authorized activity shall be conducted
in a manner that facilitates the pedestrian-scale shopping experience
and is consistent with the intent of this provision.
10.
Accessory use of a bona fide "retail only" establishment shall
be incidental and clearly subordinate to the principal use.
11.
Accessory use is permitted in a non-storefront location of a
building or establishment. Accessory use includes office, repair,
manufacturing or assembly, and processing or treatment of products
provided that the accessory use is directly related and appropriate
to the principal use conducted on the same premises.
12.
Not more than 50 percent of the required retail storefront shall
be devoted to entrances of uses other than those storefront uses described
in this section.
13.
Windows on the first floor building façade facing a public
street or pedestrian thoroughfare are encouraged to have merchandise
or product displays visible to passing pedestrians. Windows not used
for display purposes must provide a clear and transparent view into
the interior of the building from street level unless otherwise permitted
by the Specific Plan.
14.
Where an existing structure has been specifically designed,
constructed, and maintained to serve non-retail or office-type uses;
and where because of limited pedestrian access the structure would
not properly serve retail type uses, then non-retail service uses
may occupy the ground floor upon approval of a Minor Use Permit (provided
such use is already allowed in the D-CM-1 Zone and denial of occupancy
would result in a long-term vacancy of the subject property). If the
use associated with the existing structure is identified in Section
3.2.3.A (3) as requiring a Major Use Permit, then non-retail service
uses may occupy the ground floor upon approval of a Major Use Permit.
o.
Building Design and Use: In the D-CM-1 Zone, the following
development standards shall apply:
1.
All buildings are encouraged to minimize energy consumption, using
such features as:
|
*
|
Cogeneration
|
|
*
|
Solar access
|
|
*
|
South facing windows with eave coverage
|
|
*
|
Double glazed windows
|
|
*
|
Deciduous shade trees
|
|
*
|
Good ventilation
|
|
*
|
Efficient lighting
|
|
*
|
Day lighting
|
2.
Sidewalk Dining:
i)
Outdoor dining areas that encroach into the public right-of-way
shall require an encroachment permit and must maintain a minimum 4-foot
clearance which excludes planter areas, fire hydrants, street lights,
other street furniture, and on-street auto parking overhang, and any
approved A-frame signage.
ii)
Encroachment permits for outdoor dining within public rights-of-way
require the following information and are subject to the following
limitations:
a)
Location and brief description of the proposed encroachments.
b)
Provide a site plan showing local conditions, including street
and sidewalk width, and location of all street furniture, acceptable
to the City Engineer.
c)
Specify the number of tables and seating requested and not-to-exceed-amount.
d)
Permit may be revoked by the City after a 30-day notice.
e)
Hours of operation shall be pre-determined through the encroachment
permit and limited to an associated adjacent eating and drinking establishment.
f)
No sound amplification device, musical instrument or sound reproduction
device shall be operated or used with outdoor dining, and outdoor
lighting shall comply with performance standards, and be approved
by the City.
g)
Prior to issuance and approval of a permit, a finding shall
be made by the Office of 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.
h)
A liability insurance policy naming the City as additionally
insured for $1,000,000 shall be on file with the City Engineer.
p.
Access, Circulation, and Parking: In the D-CM-1 Zone,
the following development standards shall apply:
1.
Vehicular access shall be taken from the alley rather than from First
Street where feasible.
2.
Where vehicular access off of First Street is necessary, access shall
be limited to one point for each 300 feet of frontage or one point
per parcel if frontage is less than 300 feet.
3.
All alleys shall be retained for vehicular access and pedestrian
paths, and shall not be vacated.
4.
Access points to adjoining lots shall be shared wherever feasible.
5.
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;
6.
Sidewalks or other safe pedestrian walkways shall be located along
First Street and intersecting side streets;
7.
Where feasible, parking areas shall be located off the alley or to
the rear of a building. Parking areas abutting streets shall be screened
by a design break or buffer between the back of the sidewalk and the
parking pavement, consisting of 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.
q.
Auxiliary Structures/Equipment and Utilities: In the
D-CM-1 Zone, the following development standards shall apply:
1.
All roof appurtenances including, but not limited to air conditioning
units, and mechanical equipment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets
and adjacent properties;
2.
All ground-mounted mechanical equipment, including heating and air
conditioning units, and trash receptacle areas, shall be screened
from view;
3.
All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, per Municipal Code Section 23.36.120. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.
4.
All locations for trash and recyclable material storage visible from
adjacent public streets and public view shall be enclosed by a six-foot
high masonry wall with view-obstructing gates. Where feasible, trash
and recyclable material receptacles shall be located off of the alley
behind the building.
5.
Outdoor storage areas approved by Minor Use Permit shall be located to the rear of a building and shall be entirely enclosed by solid walls not less than six feet in height to adequately screen such areas from view. This requirement does not apply to approved temporary uses and approved outdoor sales areas, or agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.
r.
Lighting: In the D-CM-1 Zone, the following standards
shall apply:
1.
Exterior lighting shall be architecturally integrated with the building(s)
on site;
2.
All light sources shall be shielded in such a manner that the light
is directed away from streets or adjoining properties. Freestanding
lamp posts shall be no taller than 18 feet. The intensity of light
at the boundary of the D-CM-1 Zone shall not exceed 75 foot lamberts
from a source of reflected light.
s.
Architectural Features, Accessory Structures, Walls/Fences: In the D-CM-1 Zone, the following development standards shall apply:
1.
Accessory structures shall not be located in front of or on the street
side of the main building(s);
2.
Freestanding walls or fences between any street frontage and a principal
building on site shall not exceed four feet in height. Where a retaining
wall is used to increase usable lot area, a wall or fence not exceeding
four feet in height also may be erected, provided that the wall or
fence is set back a minimum of five feet from the retaining wall.
3.
The use of chainlink, barbed wire or razor wire for fencing within
the public view shall be prohibited.
t.
Noise Mitigation: Properties which front on First Street
or are adjacent to the railroad right-of-way may be subject to noise
impacts from rail and transit operations. Proposed new development
on such properties for noise-sensitive uses as determined under the
Noise Element of the Encinitas General Plan, including residential,
shall provide an analysis by an acoustical engineer to demonstrate
compliance with the maximum interior noise average of LDN 45dB.
5 .
Signage Regulations: Except as otherwise specified below, the mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-CM-1 zone.
a.
Freestanding A-frame signage: In addition to other types
of permitted signage, freestanding A-frame signs shall be allowed.
1.
No more than one A-frame sign is permitted per business.
2.
No A-frame sign shall be illuminated, externally or internally.
3.
No A-frame sign shall be permanently affixed to the ground or other
object, but shall be portable, and shall be placed out only during
the operating hours of the business it is advertising.
4.
No A-frame sign shall be placed within the vehicle parking or lanes,
or within a pedestrian walkway so as to leave less than four foot
width of passage clearance.
5.
No A-frame sign shall exceed 2 1/2 feet in height or 2 feet in width.
b.
Public sidewalk Placement of A-frame Signs: A-frame
signs, which encroach into the public right-of-way, are subject to
prior issuance of an encroachment permit by the City. In addition
to the above standards for A-frame signs the following applies:
1.
The placement of the A-frame sign must maintain a minimum of four
foot clearance of passage, which excludes planter areas, fire hydrants,
street lights, street furniture, on-street auto parking overhang,
and any other approved sidewalk dining area.
2.
Encroachment permits for public
sidewalk A-frame signs require the submittal of the following information
and are subject to the following limitations:
i)
Submit a brief description of the proposed encroachment and
its proposed location on the public sidewalk.
ii)
Submit a site plan showing local conditions, including street
and sidewalk width, and location/dimensions of all street furniture
and elements on the sidewalk, acceptable to the City Engineer.
iii)
A liability insurance policy naming the City as additionally
insured in the amount of $1,000,000 shall be on file with the City
Engineer.
iv)
An issued encroachment permit may be revoked by the City after
a 30 day notice.
6.
Design Recommendations: In the D-CM-1 Zone, applicable
Specific Plan Design Recommendations shall be considered in addition
to the development standards in this section. The development standards
shall take precedent if a conflict exists between a development standard
and a design recommendation.
B.
Zone: Commercial Mixed - Second Street (D-CM-2)
This zone is intended to allow individual properties to develop
as either residential, commercial, office professional or, a mixed-use
of commercial/office and residential uses. In a mixed-use project,
residential uses may be allowed on the same property or in the same
structure as a commercial use, with the intent of providing housing
opportunities while also mitigating the impacts between commercial
and residential uses.
Commercial is intended to provide retail uses which
serve local residents of the community, while maintaining compatibility
with a residential environment. Compared to commercial uses on First
Street, those on Second Street are intended to be less visitor-serving
and more community-serving. Second Street is also intended to provide
a higher proportion of office and business uses, and a somewhat less-intensive
activity level.
Residential, as a primary use, is intended to provide
single-family or multi-family units. Densities of up to 25 dwelling
units per acre shall be allowed. Residential in a mixed-use project
is limited to no more than half of the development site's allowed
floor area. Free-standing residential (residential use only on a development
site; no commercial or office use) is permitted, but shall be limited
so as not to constitute more than 25% of the zone district's total
lot acreage.
It is the intention of the D-CM-2 Zone to allow for significant
functional and physical integration of project components of adjacent
development sites, as well as of mixed-use projects. Consideration
will be given to joint use of parking, common areas, landscaping,
specific D-CM-2 types of uses and associated intensities, housing
types and sizes of units, and overall architectural design.
The following principal uses shall be permitted in the D-CM-2 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Acupuncture (Ord. 2015-01)
| |
|
Antique Sales, Retail
| |
|
Appliance Sales & Repairs (Household and Small Appliances)
| |
|
Arcade Accessory (Non-Adult)
| |
|
Art Gallery
| |
|
Artisan/Craftsman (sales & studio)
| |
|
Bakery (Retail)
| |
|
Bank/Savings and Loan
| |
|
Barber and Beauty Shop (Cosmetologist)
| |
|
Bed and Breakfast
| |
|
Bicycle Sales, Rental and Service
| |
|
Billiard, Pool Hall
| |
|
Blueprinting and Photostating
| |
|
Book Sales
| |
|
Candy and Confectionery Sales
| |
|
Cannabis - Retailer6
| |
|
Catering Service
| |
|
Cellular Facility (Ord. 91-03)
| |
|
Chiropractor (Ord. 2015-01)
| |
|
Clothing Rental
| |
|
Coins, Purchase and Sales
| |
|
Computer Sales & Service
| |
|
Conservatory of Music
| |
|
Convenience Store
| |
|
Cosmetic Design Studio
| |
|
Costume Rental
| |
|
Cottage Food Operations (accessory to a residential use per
EMC 30.48.040L) (Ord. 2015-01)
| |
|
Co-Working Space
| |
|
Dairy Store
| |
|
Day Care Center
| |
|
Day Spa, Beauty Treatment Services
| |
|
Delicatessen
| |
|
Dental Clinic
| |
|
Dental Clinic, Canine/Feline (Ord. 2015-01)
| |
|
Dressmaking Shop/Alterations, Retail
| |
|
Dry Cleaning, Retail and Self-Service
| |
|
Dwelling Unit, Caretaker-accessory to the principal use (Ord.
91-07)
| |
|
Dwelling Unit, One-Family1
| |
|
Dwelling Unit, Two-Family1
| |
|
Dwelling Unit, Three-Family1
| |
|
Dwelling Unit, Multiple Family1
| |
|
Educational Institution, Public
| |
|
Employment Agency
| |
|
Family Day Care Home, Large (7 to 12 children) (Ord. 92-28)
| |
|
Family Day Care Home, Small (6 or fewer children) (Ord. 92-28)
| |
|
Feed and Grain Sales
| |
|
Finance Company
| |
|
Fire Station
| |
|
Florist Shop
| |
|
Garden Supplies
| |
|
Gift Shop
| |
|
Glass and Mirrors, Retail
| |
|
Glass Edging and Beveling, associated with retail
| |
|
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)
| |
|
Hair Salon (Ord. 91-03)
| |
|
Hat Cleaning and Blocking, associated with retail
| |
|
Hat Shop
| |
|
Health Food Store
| |
|
Hobby Supply Shop
| |
|
Home Occupations
| |
|
Ice Cream Parlor
| |
|
Interior Decorating Service
| |
|
Jewelry Sales
| |
|
Laundromat
| |
|
Lawnmower Sales and Service
| |
|
Locksmith
| |
|
Market (food)
| |
|
Medical/Dental Clinic
| |
|
Medical/Dental Office
| |
|
Music/Record Store
| |
|
Newsstand
| |
|
Notions and Dry Goods Store
| |
|
Office (Business and Professional)
| |
|
Optical Products Sales
| |
|
Orthopedic Devices Sales
| |
|
Parks and Recreational Areas
| |
|
Pharmacy
| |
|
Pet Shop/Pet Grooming
| |
|
Photocopy Shop
| |
|
Photofinishing, Retail
| |
|
Photographic Studio
| |
|
Photographic Supplies
| |
|
Post Office
| |
|
Postal Annex, Private Ownership
| |
|
Pottery Sales
| |
|
Printing
| |
|
Public Utilities: Office
| |
|
Qualified Employee Housing (six or fewer employees)1,2
| |
|
Qualified Employee Housing (seven or more employees)1,3
| |
|
Real Estate Office
| |
|
Reducing Salon
| |
|
Residential Care, Limited (6 or fewer)1
| |
|
Restaurant (no alcohol sales; outdoor dining permitted by design
review)
| |
|
Retail Sales
| |
|
Schools, Public: (Elementary, Jr. High, High School)
| |
|
Second Hand Dealer (Ord. 91-03)
| |
|
Second Hand Store
| |
|
Shoe Repair/Sales
| |
|
Sidewalk Dining (encroachment permit required)
| |
|
Sign Shop
| |
|
Silk Screen Printing Shop
| |
|
Single Room Occupancy Housing1,5
| |
|
Sporting Goods Sales
| |
|
Stationery Store
| |
|
Stone (Precious) Manufacturing
| |
|
Supportive Housing1,4
| |
|
Surf Shop Retail/Rental
| |
|
Swimming Pool Supplies/Equipment Sales
| |
|
Tailor Shop
| |
|
Telephone Answering Service
| |
|
Transitional Housing1,4
| |
|
Veterinarian
| |
|
Video Sales & Rental
| |
|
Wearing Apparel Shop
| |
|
1
|
Permitted as stand-alone not to exceed 25 du/acre, or in conjunction
with a permitted commercial or office use in a mixed-use development.
Dwelling units may not exceed 50% of the gross allowable floor area
for the development site in a mixed-use development.
|
|
2
|
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.
|
|
3
|
Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for requirements.
|
|
4
|
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.
|
|
5
|
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.
|
|
6
|
See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.
|
2.
Minor Use Permits:
|
Arcade Primary (Non-Adult)
| |
|
Candle Manufacturing
| |
|
Charitable Bins and Depositories (accessory)
| |
|
Day Care Center
| |
|
Drug Store
| |
|
Dwelling Unit, one family, stand-alone2
| |
|
Dwelling Unit, two family, stand-alone2
| |
|
Dwelling Unit, three family, stand-alone2
| |
|
Dwelling Unit, multiple family, stand-alone2
| |
|
Furniture Sales
| |
|
Gas Distribution, Meter and Control Station
| |
|
Horticultural Services
| |
|
Hotel/Motel
| |
|
Laboratories (medical, dental)
| |
|
Nurseries, Horticultural
| |
|
Outdoor Sales/Swap Meet (Ord. 91-03)
| |
|
Residential Care, Limited (6 or fewer), stand alone2
| |
|
Swap Meet/Outdoor Sales (Ord. 91-03)
| |
|
Tile Sales
| |
|
Tutoring Center (Ord. 2015-01)
| |
|
Upholstery Installation
| |
|
2
|
Stand-alone residential development, up to 25 du/acre per site,
is allowed subject to the finding that the acreage of all residential-only
land use within the Second Street D-CM-2 zone does not exceed 25%
of all land acreage in the zone. It is intended that stand-alone residential
use be spread more or less evenly throughout the zone, and not be
concentrated so as to preclude the predominant commercial character
of lands within the D-CM-2 zone.
|
3.
Major Use Permits:
|
Automobile Electric and Tune-up
|
|
Automobile Rental (office only)
|
|
Automobile Repair (no auto body or painting)
|
|
Cellular Facility (Ord. 91-03)
|
|
Club, Athletic or Recreational
|
|
Club, Private
|
|
Courts, Commercial (badminton, tennis, racquetball, others)
|
|
Convent and Monastery
|
|
Educational Institution, Private
|
|
Electrical Distribution Substation
|
|
Emergency Residential Shelter
|
|
Floor Covering, Retail
|
|
Garage, Public parking
|
|
Garment Manufacturing
|
|
Gymnasium, Public Health Club
|
|
Laboratories (biochemical, film, other)
|
|
Library
|
|
Massage Parlor
|
|
Medical Equipment Sales
|
|
Museum
|
|
Parcel Delivery Service
|
|
Parking Lot, Commercial
|
|
Police/Sheriff Station/Jail
|
|
Radio/Television Broadcasting Studio
|
|
Radio/Television Transmitter
|
|
Recording Studio
|
|
Recreational Facilities Private
|
|
Recreational Facilities Public
|
|
Religious Institution
|
|
Residential Care, General (7 or more)
|
|
Restaurant (w/alcohol sales; outdoor dining permitted)
|
|
Schools, Private: (Elementary, Jr. High, High School)
|
|
Schools, Technical
|
|
Scientific Instruments Sales
|
4.
Agriculture Permits:
Farmers' Market
5.
Development Standards: Except as specified below, the development standards under Chapter 30.20 of the Encinitas Municipal Code for the GC Zone shall apply under the D-CM-2 Zone for commercial office, or mixed-use development. Except as otherwise specified below, stand-alone residential shall comply with the standards of Chapter 30.16 of the Encinitas Municipal Code for the R-25 Zone. In case of conflict between regulations, those specified below shall prevail.
|
a.
|
Net Lot Area:
|
4,000 net square feet
|
|
b.
|
Lot Width:
|
40 feet
|
|
c.
|
Lot Depth:
|
100 feet
|
|
d.
|
First Story Front Yard Setback:
|
0 feet1
|
|
e.
|
Second Story Front Yard Setback:
|
10 feet
|
|
f.
|
Side Yard Setback for each interior side:
|
0 feet1
|
|
g.
|
First Story Street Side yard Setback:
|
0 feet1
|
|
h.
|
Street Side Yard Setback:
|
10 percent width of the lot with a maximum of 10 feet.
|
|
i.
|
Rear Yard Setback:
|
0 feet2
|
|
j.
|
Lot Coverage maximum percentage:
|
75 percent
|
|
k.
|
Building Height Maximum:
|
30 feet or two stories, whichever is less (See Section 30.20.010C6 of the Encinitas Municipal Code); except that, if a development project includes one or more dwelling units guaranteed affordable to low or very low income households as defined in the Encinitas Housing Element, the maximum building height is 33 feet or three stories, whichever is less.
|
|
l.
|
Floor/Area Ratio Maximum:
|
0.65
|
|
m.
|
Off-Street Parking:
|
Off-street parking facilities shall be designed so that a car
within a parking facility will not have to enter a street to move
from one location to another within the same parking facility. For
additional requirements, see Parking Requirements, Section 3.3.
|
|
1
|
Five-foot setback for residential uses.
|
|
2
|
Ten feet if the rear yard abuts a residential zone or for stand-alone
residential development.
|
n.
Landscaping:
1.
A minimum of 10% of the area of a development site shall be landscaped.
Pedestrian plazas which include site amenities such as sculpture,
fountains, planters, enhanced paving, etc. may be counted as landscaping
(See Section 4.8, Landscape Guidelines).
2.
Landscaping in parking areas shall be predominantly trees to provide
shade and visual relief. Parking areas located off of the alley, behind
a building, shall not require landscaping providing the site landscaping
requirement has been met.
3.
Where feasible, landscaping in commercial and office professional
parking areas shall include one fifteen (15) gallon tree for every
four parking spaces evenly distributed throughout the parking area.
4.
Where feasible, site landscaping shall include a combination of trees,
shrubbery, vines , and groundcovers, all of which shall be drought-tolerant;
5.
All landscaped areas shall be watered by an automatic irrigation
system and regularly maintained in a healthy and thriving condition
free of weeds, trash, debris;
6.
Street trees, in accordance with the specific plan Street Tree Master
Plan, shall be provided along all street frontages.
7.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4' diameter tree well with automatic irrigation and
metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in Landscape plans.
9.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
o.
General Site Planning: In the D-CM-2 Zone, the following
development standards shall apply:
1.
Site planning shall include consideration of adjoining parcels in
terms of building configuration, building design, and scale of landscaping
materials, circulation/parking configuration and access.
2.
Except as otherwise specified in Section 3.2.3 B-1, all uses shall
be located within an enclosed building unless authorized by a Minor
Use Permit.
3.
Stand-alone residential shall not exceed 25% of the total gross acreage
of the subdistrict area.
4.
Density for each stand-alone residential project shall not exceed
25 dwelling units per net acre.
p.
Mixed Use Site Planning: In the D-CM-2 Zone, the following
development standards shall apply for projects which mix residential
with commercial uses on the same development site:
1.
Residential uses shall be located above and/or behind the primary
commercial or office professional use.
2.
Separate building entrances shall be required for residential and
commercial/office professional uses when occupying the same structure
(This does not preclude secondary interior access between commercial
and residential uses, in addition to the required separate accesses,
provided that residential access to or through commercial uses avoids
unsafe commercial areas).
3.
Residential uses shall not exceed 50 percent of the gross building
floor area for the development site; except that, when a development
project includes one or more dwelling units guaranteed affordable
to low or very low income households as defined in the Encinitas Housing
Element, residential uses may exceed 50 percent of the gross building
floor area by the amount of gross floor area of the guaranteed affordable
unit(s).
q.
Building Design and Use: In the D-CM-2 Zone, the following
development standards shall apply:
1.
All buildings are encouraged to minimize energy consumption, using
such features as:
|
●
|
Cogeneration
|
|
●
|
Solar access
|
|
●
|
South facing windows with eave coverage
|
|
●
|
Double glazed windows
|
|
●
|
Deciduous shade trees
|
|
●
|
Good ventilation
|
|
●
|
Efficient lighting
|
|
●
|
Day lighting
|
2.
Sidewalk Dining (commercial
or mixed use):
i)
Outdoor dining areas that encroach into the public right-of-way
shall require an encroachment permit and must maintain a minimum 4-foot
clearance which excludes planter areas, fire hydrants, street lights,
other street furniture, and on-street auto parking overhang.
ii)
Encroachment permits for outdoor dining within public right-of-ways
require the following information:
a)
Location and brief description of the proposed encroachments.
b)
Provide a site plan showing local conditions, including street
and sidewalk width, and location of all street furniture, acceptable
to the City Engineer.
c)
Specify the number of tables and seating requested and not to exceed amount.
d)
Permit may be revoked by the city after a 30-day notice.
e)
Hours of operation shall be pre-determined through the encroachment
permit and limited to an associated adjacent eating and drinking establishment.
f)
No sound amplification device, musical instrument or sound reproduction
device shall be operated or used with outdoor dining, and outdoor
lighting shall comply with performance standards, and be approved
by the City.
g)
Prior to issuance and approval of a permit, a finding shall
be made by the Office of the Community Development Director that the
outdoor dining will not adversely affect the neighborhood nor be detrimental
to persons residing, visiting or working in the area.
h)
A liability insurance policy naming the city as additionally
insured for $1,000,000 shall be on file with the City Engineer.
r.
Access, Circulation, and Parking: In the D-CM-2 Zone,
the following development standards shall apply:
1.
Where feasible, vehicular access shall be taken from the alley rather
than from Second Street.
2.
Where vehicular access off of Second Street is necessary, access
shall be limited to one point for each 300 feet of frontage or one
point per parcel if frontage is less than 300 feet.
3.
All alleys shall be retained for vehicular access, and shall not
be vacated.
4.
Access points to adjoining lots shall be shared wherever feasible.
5.
Major street access points to centers or groups of parcels sharing
a single point of ingress and egress shall be coordinated with openings
in access points on the opposite side of the roadway;
6.
Sidewalks or other safe pedestrian walkways shall be located along
Second Street;
7.
Where feasible, parking areas shall be located off the alley or to
the rear of a building. Parking areas abutting streets 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.
s.
Auxiliary Structures/Equipment and Utilities: In the
D-CM-2 Zone, the following development standards shall apply:
1.
All roof appurtenances including, but not limited to air conditioning
units, and mechanical equipment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets
and adjacent properties;
2.
All ground-mounted mechanical equipment, including heating and air
conditioning units, and trash receptacle areas, shall be screened
from view;
3.
All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, per Municipal Code Section 23.36.120. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.
4.
All locations for trash and recyclable material storage visible from
adjacent public streets and/or public view shall be enclosed by a
six-foot high masonry wall with view-obstructing gates. Where feasible,
trash and recyclable material receptacles shall be located off of
the alley behind the building.
5.
Outdoor storage areas approved by Minor Use Permit shall be located to the rear of a building and 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 and view obscuring material may be approved during Design Review. This requirement does not apply to approved temporary uses and approved outdoor sales areas, or agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.
t.
Lighting: In the D-CM-2 Zone, the following standards
shall apply:
1.
Exterior lighting shall be architecturally integrated with the building(s)
on site;
2.
All light sources shall be shielded in such a manner that the light
is directed away from streets or adjoining properties. Freestanding
lamp posts shall be no taller than 18 feet. The intensity of light
at the boundary of the development site shall not exceed 75 foot lamberts
from a source of reflected light.
u.
Architectural Features, Accessory Structures, Walls/Fences: In the D-CM-2 Zone, the following development standards shall apply:
1.
Accessory structures shall not be located in front of or on the street
side of the main building(s);
2.
Accessory structures shall meet the rear or side yard setback requirements
for main buildings;
3.
Architectural features, such as canopies, eaves, steps, balconies,
stairways, and others may project into any required minimum setback
areas for residential uses to the extent allowed by Uniform Building
Code (UBC);
4.
Freestanding walls or fences between any street frontage and a principal
building on site shall not exceed four feet in height. Where a retaining
wall is used to increase usable lot area, a wall or fence not exceeding
four feet in height also may be erected, provided that the wall or
fence is set back a minimum of five feet from the retaining wall.
5.
The use of chain link, barbed wire and razor wire for fencing within
public view shall be prohibited.
6.
Signage Regulations: Except as otherwise specified below, the mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-CM-1 zone.
a.
Freestanding A-frame signage: In addition to other types
of permitted signage, freestanding A-frame signs shall be allowed.
1.
No more than one A-frame sign is permitted per business.
2.
No A-frame sign shall be illuminated, externally or internally.
3.
No A-frame sign shall be permanently affixed to the ground or other
object, but shall be portable, and shall be placed out only during
the operating hours of the business it is advertising.
4.
No A-frame sign shall be placed within the vehicle parking or lanes,
or within a pedestrian walkway so as to leave less than four foot
width of passage clearance.
5.
No A-frame sign shall exceed 2 1/2 feet in height or 2 feet in width.
b.
Public Sidewalk Placement of A-frame Signs: A-frame
signs which encroach into the public right-of-way are subject to prior
issuance of an encroachment permit by the City. In addition to the
above standards for A-frame signs the following applies:
1.
The placement of the A-frame sign must maintain a minimum of four
foot clearance of passage, which excludes planter areas, fire hydrants,
street lights, street furniture, on-street auto parking overhang,
and any other approved sidewalk dining area.
2.
Encroachment permits
for public sidewalk A-frame signs require the submittal of the following
information and are subject to the following limitations:
i)
Submit a brief description of the proposed encroachment and
its proposed location on the public sidewalk.
ii)
Submit a site plan showing local conditions, including street
and sidewalk width, and location/dimensions of all street furniture
and elements on the sidewalk, acceptable to the City Engineer.
iii)
A liability insurance policy naming the City as additionally
insured in the amount of $1,000,000 shall be on file with the City
Engineer.
iv)
An issued encroachment permit may be revoked by the City after
a 30 day notice.
7.
Design Recommendations: In the D-CM-2 Zone, the Specific
Plan Design Recommendations shall be considered in addition to the
development standards in this section. The development standards shall
take precedence if a conflict exists between a development standard
and a design recommendation.
C.
Zone: Visitor Commercial Mixed (D-VCM)
This zone is intended to primarily provide for commercial activities
such as hotel/motel uses, campgrounds, eating and drinking establishments,
food and beverage retail sales (convenience), participant sports and
recreation, entertainment uses and other principal visitor-serving
uses which are specifically intended to serve the needs of persons
visiting the City. All other permitted or conditionally permitted
uses specified in the Specific Plan for areas zoned Visitor Commercial
Mixed (D-VCM), such as business and professional office and residential
uses shall be considered ancillary uses to the principal allowable
uses. Ancillary or non-principal uses and required off-street parking
shall not occupy or utilize more than 30 percent of the ground floor
area.
Development offering mixed visitor-serving commercial or office
(business or professional) uses with restricted residential use may
be allowed, with the intent of providing housing opportunities and
of mitigating the impacts between new mixed visitor-serving commercial/office
and residential uses.
There are several separate parcels under this zone. However,
development is intended to be visually and functionally integrated
throughout the zone district, with integrated parking, pedestrian
access and other elements.
Visitor-Serving Commercial is intended to provide
for commercial activities which are specifically intended to serve
the needs of persons visiting the City for business or recreational
purposes.
Office Professional is intended to provide primarily
for the development of professional and business offices.
Residential is intended to provide for multiple-family
residential including apartments, condominiums, and senior housing,
with a maximum density of 18 units per net acre.
D-VCM R-30 Overlay (OL) is intended to provide
additional residential development opportunities to comply with the
City's Regional Housing Needs Assessment (RHNA) allocation for sites
to accommodate lower income housing with a minimum density of 25 units
per acre and a maximum of 30 units per acre.
The following principal uses shall be permitted in the D-VCM Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Alcoholic Beverage Sales off premises (Ord. 91-03)
| |
|
Antique Sales, Retail
| |
|
Aquarium, Commercial
| |
|
Art Gallery
| |
|
Artisan/Craftsman (sales & studio)
| |
|
Bakery (retail)
| |
|
Barber and Beauty Shop (Cosmetologist)
| |
|
Bed & Breakfast
| |
|
Book Sales
| |
|
Candy and Confectionery Sales
| |
|
Convenience Store
| |
|
Co-Working Space
| |
|
Day Care Center
| |
|
Dry Cleaning, Retail and Self-Service
| |
|
Dwelling Unit, Caretaker - accessory to the principal use (Ord.
91-07)
| |
|
Dwelling Unit, Multiple Family1
| |
|
Educational Institution, Public
| |
|
Fire Station
| |
|
Florist Shop
| |
|
Gift Shop
| |
|
Glass Studio (Stained and others)
| |
|
Grocery Store
| |
|
Hair Salon (Ord. 91-03)
| |
|
Hat Shop
| |
|
Health Food Store
| |
|
Hotel
| |
|
Ice Cream Parlor
| |
|
Jewelry Sales
| |
|
Market (Food)
| |
|
Museum
| |
|
Music/Record Store
| |
|
Motel
| |
|
Newsstand
| |
|
Office (Business and Professional)
| |
|
Pottery Sales
| |
|
Real Estate Office
| |
|
Residential Care, Limited (6 or fewer)1
| |
|
Restaurant (no alcohol sales; outdoor dining permitted)
| |
|
Retail Sales
| |
|
Schools, Public: (Elementary, Jr. High, High School)
| |
|
Sidewalk Dining (encroachment permit required)
| |
|
Single Use Occupancy Housing1,3
| |
|
Sporting Goods Sales
| |
|
Stationery Store
| |
|
Supportive Housing1,2
| |
|
Surf Shop Retail
| |
|
Transitional Housing1,2
| |
|
Wearing Apparel Shop
| |
|
1
|
Permitted in conjunction with a primary commercial or office
professional use. Residential permitted in floors above ground floor,
only.
|
|
2
|
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.
|
|
3
|
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.
|
2.
Minor Use Permits:
|
Arcade Accessory (Non-Adult)
|
|
Arcade Primary (Non-Adult)
|
|
Bicycle Sales, Rental and Service
|
|
Gas Distribution, Meter and Control Station
|
|
Swap Meet/Outdoor Sales
|
3.
Major Use Permits:
|
Bar/Cocktail Lounge
|
|
Billiard, Pool Hall
|
|
Cellular Facility (Ord. 91-03)
|
|
Club, Athletic or Recreational
|
|
Club, with Alcohol Sales
|
|
Electrical Distribution Substation
|
|
Gymnasium, Public Health Club
|
|
Jewelry Manufacturing
|
|
Open Air Theater
|
|
Photographic Supplies
|
|
Recreational Facilities Private
|
|
Restaurant (w/alcohol sales; outdoor dining permitted)
|
|
Theaters and Places of Public Assembly
|
4.
D-VCM R-30 OL Permitted Uses: Permitted Uses in the D-VCM Overlay shall be the same as those described in Section 3.2.C.1 to 3.2.C.3, above, in addition to those uses permitted under the R-30 OL zone in Title 30, Chapter 30.09 of the Encinitas Municipal Code.
a.
Mixed use requirements in D-VCM R-30 OL. For mixed uses
in the D-VCM overlay, a minimum of 50% of the site shall accommodate
residential development at a minimum density of 25 dwelling units
per acre and a maximum of 30 dwelling units per acre.
5.
Development Standards: Except as specified below, the development standards under the D-VCM Zone shall be those specified under Section 30.20.010 of the Encinitas Municipal Code for the VSC Zone. In case of conflict between standards, those specified below shall prevail.
|
a.
|
Setbacks:
|
|
|
|
First Street:
|
15 feet
|
|
|
Moonlight Beach State Park:
|
25 feet1
|
|
|
C Street:
|
0 feet
|
|
|
Interior Side Yard:
|
0 feet
|
|
b.
|
Lot Coverage maximum percentage:
|
60 percent
|
|
c.
|
Building Height Maximum:
|
33 feet or three stories whichever is less, with allowances
for 37 feet for sloped roofs.2
|
|
d.
|
Off-Street Parking:
|
Off-street parking facilities shall be designed so that a car
within a parking facility will not have to enter a street to move
from one location to another within the same parking facility. For
additional requirements, see Parking Requirements, Section 3.3.
|
|
e.
|
Landscaping
|
15 percent3 (See Section 4.8, Landscape
Guidelines)
|
|
1
|
A 25-foot setback from the top of bluff to building face is
required. Encroachment into the setback shall be allowed subject to
design review approval. Design considerations shall include the height
of building in relation to proximity of the bluff, public access to
and through the adjacent parcel, visual impacts to Moonlight Beach
Park, etc.
|
|
2
|
Special architectural features such as sloped roofs, towers,
etc. may exceed the 33-37 foot height requirement, but excluding any
habitable or potentially habitable floor area; in no event shall the
highest finished floor be over 23 feet above grade. All architectural
features exceeding the 33-37 foot requirement are subject to discretionary
design review approval.
|
|
3
|
Pedestrian plazas which include site amenities such as sculptures,
fountains, planters, enhanced paving, etc. may be counted as landscaping.
This does not relieve development sites of the requirement to provide
minimum amount of trees and planting.
|
f.
General Site Planning: Development
on all the separate parcels of the D-VCM Zone shall be visually and
functionally integrated per the parameters below, whether accomplished
as one project, or built as separate projects. A proposal for development
on a portion of the zone district shall anticipate and accommodate
integration with the remainder of the district, as approved through
design review, including but not limited to the following parameters:
g.
Mixed Use Site Planning: In the D-VCM Zone, the following
development standards shall apply:
1.
Residential uses shall be located above and/or behind the primary
visitor-serving commercial or office use.
2.
Separate entrances shall be required for residential and commercial/office
uses (This does not preclude secondary interior access between commercial
and residential uses, in addition to the required separate accesses,
provided that residential access to or through commercial uses avoids
unsafe commercial areas).
3.
Residential units may not exceed 50 percent of the gross building
floor area for a development site.
h.
Access, Circulation, and Parking: In the D-VCM Zone,
the following development standards shall apply:
1.
Vehicular 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.
2.
Sidewalks or other safe pedestrian walkways shall be located along
First Street, C Street, and alley or Third Street (whichever is applicable).
3.
Above-ground parking areas shall be located off the alley or C Street
and to the rear of buildings. Parking shall be prohibited in front
yard area along First Street. Underground parking is preferred.
4.
C Street shall be extended to First Street as a private drive.
5.
Vehicular access can be taken off of First Street.
6.
Access points to adjoining lots shall be shared wherever feasible.
7.
Reciprocal ingress and egress, circulation, and parking arrangements
shall be required to facilitate the ease of vehicular movement between
adjoining properties without the need to enter public streets.
i.
Landscaping: In the D-VCM Zone, the following development
standards shall apply:
1.
Landscaping in parking areas shall include one fifteen (15) gallon
tree (minimum) for every four parking spaces evenly distributed throughout
the parking area.
2.
A minimum of 15 percent of the site area shall be landscaped.
3.
Landscaping shall be in accordance with Section 4.8, Landscape Guidelines.
4.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4' diameter tree well with automatic irrigation and
metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in Landscape plans.
5.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
j.
Walls/Fences: In the D-VCM Zone, chain-link, barbed
and razor wire fencing shall be prohibited.
k.
Sidewalk Dining:
1.
Outdoor dining areas that encroach into the public right-of-way shall
require an encroachment permit and must maintain a minimum 4-foot
clearance which excludes planter areas, fire hydrants, street lights,
other street furniture, and on-street auto parking overhang.
2.
Encroachment permits
for outdoor dining within public right-of-ways require the following
information:
i)
Location and brief description of the proposed encroachments.
ii)
Provide a site plan showing local conditions, including street
and sidewalk width, and location of all street furniture, acceptable
to the City Engineer.
iii)
Specify the number of tables requested and not to
exceed amount.
iv)
Permit may be revoked by the City after a 30-day notice.
v)
Hours of operation shall be pre-determined through the encroachment
permit and limited to an associated adjacent eating and drinking establishment.
vi)
No sound amplification device, musical instrument or sound reproduction
device shall be operated or used with outdoor dining, and outdoor
lighting shall comply with performance standards, and be approved
by the City.
vii)
Prior to issuance and approval of a permit, a finding shall
be made by the Office of the Community Development Director that the
outdoor dining will not adversely affect the neighborhood nor be detrimental
to persons residing, visiting or working in the area.
viii)
A liability insurance policy naming the city
as additionally insured for $1,000,000 shall be on file with the City
Engineer.
6.
Development Standards: Except as specified below, the development standards under the D-VCM R-30 OL Zone shall be those specified under Section 30.16.010 of the Encinitas Municipal Code for the R-30 Overlay Zone. In case of conflict between standards, those specified below shall prevail.
|
a. Density (Maximum dwelling units per net acre)1
|
30.0
|
|
b. Midrange Density (See Section 30.16.010B1 & B2)
|
N/A
|
|
c. Net Lot Area (sq. ft.)
|
30,000
|
|
d. Lot Width (ft.)
|
100
|
|
e. Lot Depth (ft.)
|
150
|
|
f. Front Yard Setback (ft.)2
|
10
|
|
g. Side Yard Setback (ft.) for each interior side
|
0
|
|
h. C Street Setback (ft.)
|
0
|
|
i. Street Side Yard Setback (ft.)2
|
10
|
|
j. Rear Yard Setback (ft.)
|
0
|
|
k. Rear Yard Setback Where Alley Exists
|
10
|
|
l. Lot Coverage (maximum percentage)
|
65
|
|
m. Building Height
|
See Section 30.16.010B6
|
|
n. Distance between buildings on the same lot less than 16 ft.
in height
|
0
|
|
o. Distance between buildings on the same lot greater than 16
ft. in height
|
0
|
|
p. Landscaping2
|
15%
|
|
1
|
A minimum net density of 25 dwelling units per acre is required.
|
|
2
|
Front yard and street side yard setbacks may be reduced through
design review based on existing on-and off-site conditions, prevailing
commercial district character, project design, traffic/circulation,
building and site design, and the like.
|
|
3
|
Pedestrian plaza which include site amenities such as sculptures,
fountains, planters, enhanced paving, etc. may be counted as landscaping.
This does not relieve development sites of the requirement to provide
minimum amount of trees and planting.
|
In addition, the following sections of the D-VCM Zone
shall apply: 3.2.3C.5.f, 3.2.3C.5.g.2, 3.2.3C.5.i, 3.2.3C.5.j, and
3.2.3C.5.k.
7.
Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-VCM Zone.
8.
Design Recommendations: In the D-VCM Zone, the Specific
Plan Design Recommendations shall be considered in addition to the
development standards in this section. The development standards shall
take precedence if a conflict exists between a development standard
and a design recommendation.
D.
Zone: Office Mixed (D-OM)
This zone is intended to provide a zoning district that allows
individual properties to develop as either residential, office professional,
or a mix of both. In a mixed use, residential uses may be allowed
on the same property or in the same structure, with the intent of
providing housing opportunities and of mitigating the impacts between
new mixed office professional and residential developments. This zone
is unique to the east side of Third Street between E and F Streets,
and is intended as a relatively low-intensity transition from the
residential uses along Third and public school across the street,
to the more active mixed-use district to the east along Second Street.
Office Professional is intended to provide primarily
for the development of professional and administrative offices. The
range of non-residential uses is intended to be limited to true office
and similarly low-intensity uses.
Residential, as a primary use, is intended to provide
single-family units (attached or detached), duplex units, and senior
housing, with a maximum density of 15 units per net acre.
It is the intention of the D-OM Zone to allow for significant
functional and physical integration of project components of different
adjacent uses as well as mixed office professional and residential
uses. Consideration will be given to joint use of parking, landscaping,
specific D-OM types of uses and associated intensities, housing types
and sizes of units, and overall architectural design.
The following principal uses shall be permitted in the D-OM Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Acupuncture (Ord. 2015-01)
| |
|
Chiropractor (Ord. 2015-01)
| |
|
Cottage Food Operations (accessory to a residential use per
EMC 30.48.040L) (Ord. 2015-01)
| |
|
Co-Working Space
| |
|
Day Care Center (more than 6 children/clients)
| |
|
Dwelling Unit, One-Family
| |
|
Dwelling Unit, Two-Family
| |
|
Dwelling Unit, Three-Family
| |
|
Dwelling Unit, Multiple Family
| |
|
Educational Institution, Public
| |
|
Employment Agency
| |
|
Family Day Care Home, Small or Large (accessory to a single
family dwelling only)
| |
|
Fire Station
| |
|
Home & Business Maintenance Service
| |
|
Home Occupations
| |
|
Interior Decorating Service
| |
|
Library
| |
|
Medical/Dental Clinic
| |
|
Medical/Dental Office
| |
|
Mobile Home (individual dwelling unit)
| |
|
Office (Business and Professional)
| |
|
Optical Products Sales (Retail sales in conjunction w/optometrist/optomologist
prof. office)
| |
|
Orthopedic Devices Sales (in conjunction w/related medical office
services)
| |
|
Photographic Studio
| |
|
Post Office
| |
|
Postal Annex, Private Ownership
| |
|
Public Utilities: Office
| |
|
Qualified Employee Housing (six employees or fewer)1
| |
|
Real Estate Office
| |
|
Residential Care, Limited (six or fewer)
| |
|
Schools, Public: (Elementary, Jr. High, High School)
| |
|
Supportive Housing2
| |
|
Telephone Answering Service
| |
|
Transitional Housing2
| |
|
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
|
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.
|
2.
Minor Use Permits:
|
Fire Station
|
|
Group Exercise (including but not limited to dance studio, yoga,
martial arts, Pilates or other similar group exercise class) (Ord.
2015-01)
|
|
Museum
|
|
Nurseries, Horticultural
|
|
Tutoring Center (Ord. 2015-01)
|
3.
Major Use Permits:
|
Cellular Facility (Ord. 91-03)
|
|
Children's Homes (Orphanage)
|
|
Club, Athletic or Recreational
|
|
Club, Private
|
|
Convent and Monastery
|
|
Educational Institution, Private
|
|
Hospital, Convalescent
|
|
Parks and Recreational Areas
|
|
Religious Institution
|
|
Residential Care, General (7 or more)
|
|
Schools, Private: (Elementary, Jr. High, High School)
|
|
Schools, Technical
|
4.
Development Standards:
|
a.
|
Net Lot Area:
|
5,000 net square feet minimum.
|
|
b.
|
Lot Width:
|
50 feet
|
|
c.
|
Lot Depth:
|
100 feet
|
|
d.
|
First Story:
|
|
|
|
Front Yard Setback:
|
0 feet1
|
|
|
Side Yard Setback for each interior side:
|
0 feet2
|
|
|
Street Side Yard Setback:
|
0 feet2
|
|
|
Rear Yard Setback:
|
0 feet3
|
|
e.
|
Second Story:
|
|
|
|
Front Yard Setback:
|
10 feet
|
|
|
Street Side Yard Setback:
|
10 percent width of the lot with a maximum of 10 feet.
|
|
f.
|
Lot Coverage maximum percentage:
|
50 percent
|
|
g.
|
Building Height Maximum:
|
30 feet or two stories, whichever is less
|
|
h.
|
Floor/Area Ration Maximum:
|
0.65
|
|
i.
|
Off-Street Parking:
|
Off-street parking facilities shall be designed so that a car
within a facility will not have to enter the street to move from one
location to any other location within the same parking facility. For
additional requirements, see Parking Requirements, Section 3.3.
|
|
j.
|
Landscaping:
|
15 percent4 (See Section 4.8, Landscape
Guidelines)
|
|
1
|
Ten-foot setback for residential uses.
|
|
2
|
5-foot setback for residential uses.
|
|
3
|
Ten feet if the rear yard abuts a residential zone.
|
|
4
|
Pedestrian plazas which include site amenities such as sculpture,
fountains, planters, enhanced paving, etc. may be counted as landscaping.
This does not relieve development sites of the requirement to provide
minimum amount of trees and planting.
|
k.
General Site Planning: In the D-OM
Zone, the following development standards shall apply:
l.
Mixed Use Site Planning: In the D-OM Zone, the following
development standards shall apply:
1.
Residential uses shall be located either above or behind the primary
office professional use.
2.
Separate entrances shall be required for residential and office professional
uses when occupying the same structure (This does not preclude secondary
interior access between commercial and residential uses, in addition
to required separate accesses, provided that residential access to
or through commercial uses avoids unsafe commercial areas).
3.
Residential uses may not exceed 50 percent of the gross building
floor area for a development site.
m.
Building Design and Use: In the D-OM Zone, the following
development standard shall apply:
1.
All buildings are encouraged to minimize energy consumption, using
such features as:
|
●
|
Cogeneration
|
|
●
|
Solar access
|
|
●
|
South facing windows with eave coverage
|
|
●
|
Double glazed windows
|
|
●
|
Deciduous shade trees
|
|
●
|
Good ventilation
|
|
●
|
Efficient lighting
|
|
●
|
Day lighting
|
n.
Additional Setbacks and Separation from Adjacent Land Uses: In the D-OM Zone, the following development standards shall apply:
1.
Where an office professional or mixed use development abuts an adjacent
separate development site devoted exclusively to residential use,
a masonry wall of no less than six feet in height shall be required,
and may be increased to eight feet to resolve any noise or visual
impacts. Said wall shall be measured from the highest finished grade
at the property line. Where the adjacent grade of the abutting residential
property is four or more feet lower or higher than the commercial
site, the masonry wall shall be a minimum of six feet in height. In
addition, 15 gallon trees, 25 feet on-center, and shrubbery between
the trees shall be installed and maintained along the inside of the
wall in a raised planter at least five feet in width to provide a
dense landscape screen.
o.
Access, Circulation, and Parking: In the D-OM Zone,
the following development standards shall apply:
1.
Vehicular access shall be taken from the alley for all new development,
and as feasible for additions to or remodeling of existing structures.
2.
Where vehicular access off of Third Street is necessary, access shall
be limited to one point for each 300 feet of frontage or one point
per parcel if frontage is less than 300 feet.
3.
All alleys shall be retained for vehicular access, and shall not
be vacated.
4.
Access points to adjoining lots shall be shared wherever feasible.
5.
Reciprocal ingress and egress, circulation, and parking arrangements
shall be required to facilitate the ease of vehicular movement between
adjoining properties where feasible, without the need to enter public
streets;
6.
Sidewalks or other safe pedestrian walkways shall be located along
Third Street;
7.
Parking areas shall be located off the alley or to the rear of a
building for all new construction, and where feasible for additions
to or remodeling of existing buildings. Parking areas abutting Third
Street, "E" Street or "F" Street 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.
p.
Auxiliary Structures/Equipment and Utilities: In the
D-OM Zone, the following development standards shall apply:
1.
All roof appurtenances including, but not limited to air conditioning
units, and mechanical equipment shall be shielded and architecturally
screened from view from on-site parking areas, adjacent public streets
and adjacent properties;
2.
All ground-mounted mechanical equipment, including heating and air
conditioning units, and trash receptacle areas, shall be completely
screened from view;
3.
All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, per Municipal Code Section 23.36.120. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.
4.
All locations for trash and recyclable material storage visible from
adjacent public streets and public view shall be enclosed by a six-foot
high masonry wall with view-obstructing gates. Where feasible, trash
and recyclable material receptacles shall be located off of the alley
behind the building.
q.
Landscaping: In the D-OM Zone, the following development
standards shall apply:
1.
Landscaping in office professional, mixed use or multi-family parking
areas shall be predominantly trees to provide shade and visual relief.
Parking areas located off of the alley, behind a building, shall not
require landscaping providing the site landscaping requirement has
been met.
2.
Where feasible, landscaping in parking areas shall include one fifteen
(15) gallon tree for every four parking spaces evenly distributed
throughout the parking area.
3.
Where feasible, site landscaping shall include a combination of trees,
shrubbery, vines, and groundcovers, all of which shall be drought-tolerant;
4.
All landscaped areas shall be watered by an automatic irrigation
system and regularly maintained in a healthy and thriving condition
free of weeds, trash, debris;
5.
A minimum of 15 percent of any development site area shall be landscaped;
and street trees, in accordance with the specific plan Street Tree
Master Plan, shall be provided along all street frontages.
6.
Landscaping shall be in accordance with Section 4.8, Landscape Guidelines.
7.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4' diameter tree well with automatic irrigation and
metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in Landscape plans.
8.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
r.
Lighting: In the D-OM Zone, the following standards
shall apply:
1.
Lighting placed upon the building shall be architecturally integrated;
2.
All light sources shall be shielded in such a manner that the light
is directed away from streets or adjoining properties. Freestanding
lamp posts shall be no taller than 18 feet. The intensity of light
at the boundary of a development site shall not exceed 75 foot lamberts
from a source of reflected light.
s.
Architectural Features, Accessory Structures, Walls/Fences: In the D-OM Zone, the following development standards shall apply:
1.
Accessory structures shall not be located in front of or on the street
side of the main building(s);
2.
Accessory structures shall meet all of the setback requirements for
main buildings where applicable;
3.
Architectural features, such as canopies, eaves, steps, balconies,
stairways, and others may project into any required setback area as
allowed by the Uniform Building Code (UBC);
4.
Freestanding walls or fences between any street frontage and a principal
building on site shall not exceed four feet in height. Where a retaining
wall is used to increase usable lot area, a wall or fence not exceeding
four feet in height also may be erected, provided that the wall or
fence is set back a minimum of five feet from the retaining wall.
5.
Chain link and barbed wire fencing shall be prohibited.
t.
Condominium Conversion: In the D-OM Zone, the conversion
of the project to condominium ownership shall meet all requirements
of the zone within the constraints of the existing development.
3.2.4
Public/Semi-Public Zones
A.
Zone: Civic Center (D-CC)
This zone district is intended to provide for activities operated
by the City, County, or other governmental agencies such as the Encinitas
Fire Protection District, school districts, water districts, and sewer
districts. It applies to the site of the City's central administrative
offices and Council Chambers acquired in 1992 (the previous "Vulcan
Square" commercial center) and the adjacent water district and County
library sites on Cornish Drive (the full block bounded by Cornish
Drive, D and E Streets and Vulcan Avenue).
This Zone is unique among public/semi-public zones in the City,
in that it recognizes the functions of the City's main public offices,
"City Hall." The development standards are tailored to this district's
specific setting, topography, and potentialities; for example, protective
setbacks from adjacent residential districts; and specialized lot
coverage and floor area ratio provisions. It also uniquely recognizes
the appropriateness of a limited number and type of private local
commercial opportunities, restricted to the immediate frontage of
Vulcan Avenue, conveniently located to serve the proposed transit
center facilities, for any future redevelopment of this site.
The following principal uses shall be permitted in the D-CC Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.
1.
Permitted Uses:
|
Auditorium, public
|
|
Bakery (Retail)1
|
|
Bicycle Sales, Rental and Service1
|
|
Book Sales1
|
|
Candy and Confectionery Sales1
|
|
Day Care Center
|
|
Delicatessen1
|
|
Educational Institution, Public
|
|
Fire Station
|
|
Florist Shop1
|
|
Government Administrative Offices
|
|
Gift Shop1
|
|
Health Food Store1
|
|
Ice Cream Parlor1
|
|
Library
|
|
Market (food)1
|
|
Museum
|
|
Meeting Facilities, public
|
|
Newsstand1
|
|
Parks and Recreational Areas
|
|
Pharmacy1
|
|
Photocopy Shop1
|
|
Police/Sheriff Station/Jail
|
|
Post Office
|
|
Postal Annex, Private Ownership1
|
|
Public Utilities: Office
|
|
Recreational Facilities Public
|
|
Shoe Repair/Sales1
|
|
Stationery Store1
|
|
Places of Public Assembly
|
2.
Minor Use Permits:
|
Charitable Bins and Depositories (accessory)
|
3.
Major Use Permits:
|
Cellular Facility (Ord. 91-03)
| |
|
Electrical Distribution Substation
| |
|
Garage, Public parking
| |
|
Open Air Theater
| |
|
Public Utility Service Yards
| |
|
1
|
Limited to Vulcan Avenue frontage only, per limitations under
this zone.
|
4.
Development Standards: Except as specified below, the development standards specified under Chapter 30.28 of the Encinitas Municipal Code (P/S-P Zone) shall apply under the D-CC Zone. In case of conflict, the standards specified below shall prevail.
a.
Vulcan Avenue Setback: 0 feet
b.
D Street Setback: 20 feet
c.
E Street Setback: 20 feet
d.
Cornish Avenue Setback: 20 feet
e.
Interior Yard Setback: 0 feet
f.
Building Height: Building height shall be limited to
one story or 12 ft., for that portion of the zone district fronting
Cornish Drive and extending westward 230 ft. from the street right-of-way
along Cornish Drive. Westward from there, building height shall be
limited to a horizontal extension of the height limit established
above, and in addition shall not exceed 30 ft. In addition, any proposal
for new development, building additions, or structure remodels which
would increase existing building heights, shall be subject to design
review to determine that no private views from adjacent residential
properties or significant public views will be blocked.
g.
General Site Planning: It is intended that all development
and uses on all parcels under the D-CC Zone be integrated under a
unified civic center site design. A proposal for development on a
portion of the zone district shall anticipate and accommodate integration
with the remainder of the district, including but not limited to the
following:
i.
Access, Circulation, and Parking: In the Civic Center Zone, the requirements of Chapter 30.54 of the Encinitas Municipal Code shall apply; in addition, parking for substantial new civic center development is encouraged to be located underground.
j.
Landscaping: In the Civic Center Zone, the following
development standards shall apply:
1.
Landscaping for parking areas shall not be required, for parking
located underground.
2.
A minimum of 25 percent of the site area shall be landscaped and
street trees in accordance with the specific plan Street Tree Master
Plan shall be provided along all street frontages. Pedestrian plazas
which include site amenities such as sculpture, fountains, planters,
enhanced paving, etc. may be counted as landscaping. This does not
relieve development sites of the requirement to provide minimum amount
of trees and planting.
3.
Landscaping shall be in accordance with Section 4.8, Landscape Guidelines.
4.
Additional Landscape Requirements
i.
All new and rehabilitated landscaping projects that require
a permit shall comply with the City's Water Efficient Landscape Ordinance
(92-40) except for the following:
Exemptions
ii.
Street trees shall be provided per the Street Tree Master Plan,
see Chapter 7.0.
iii.
All trees in paved areas shall be provided with "deep root"
barriers and a 4' diameter tree well with automatic irrigation and
metal grates.
iv.
Soils testing for plant suitability is recommended on each site,
with the resulting laboratory recommendations to be followed in terms
of soil amendment specifications in Landscape plans.
5.
Installation and Maintenance
All required landscaping shall be properly installed, irrigated,
inspected and permanently maintained prior to use inauguration or
the issuance of a Certificate of Occupancy, whichever first occurs.
The landscaping and irrigation shall be inspected as stated in the
procedures and policy for landscaping and irrigation.
Maintenance of approved landscaping shall consist of regular
watering, mowing, pruning, fertilizing, clearing of debris and weeds,
the removal and replacement of dead plants, and the repair and replacement
of irrigation systems and integrated architectural features.
k.
Accessory Structures and Walls/Fences: In the Civic
Center Zone, Chain link and barbed wire fencing shall be prohibited.
5.
Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-CC Zone.
6.
Design Recommendations: In the Civic Center Zone, the
Specific Plan Design Recommendations shall be considered in addition
to the development standards in this section. The development standards
shall take precedence if a conflict exists between a development standard
and a design recommendation.
B.
Zone: Public/Semi-Public (D-P/SP)
Public/Semi-Public is intended to provide for activities operated
by the City, county, or other governmental agencies such as the Encinitas
Fire Protection District, school districts, water districts, and sewer
districts; other semi-public uses, such as hospitals and other private
institutions also may be included.
3.2.5
Ecological Resource/Open Space/Parks Zones
A.
Zone: Moonlight Beach Park (D-MBP)
This zone applies to all Moonlight Beach Park property and related lands set aside for the public's use as a passive and active community recreational area. Development is intended to be generally consistent with the concept Moonlight Beach Master Plan. The concept plan features picnic and viewing areas; volleyball courts; a tennis court; a basketball court; tot lot; fire rings; restroom, concession and maintenance building; Cottonwood Creek riparian zone and native planting; walkways; and substantial public parking. No private development may occur within this zone. Note the suggestion for additional underground parking in Chapter 1, "Unique Site Opportunities," for Moonlight Beach.
The Moonlight Beach Master plan is a concept plan, and has not been subject to required environmental review. Specific development of Moonlight Beach, other than accommodation of essential utility lines, shall be subject to major conditional use permit approval, pursuant to Title 30 of the Encinitas Municipal Code. The specifics of Moonlight Beach development shall be as determined through the conditional use permit process and related required environmental analysis and review Development standards pursuant to Chapter 30.32 of Title 30 of the Encinitas Municipal Code shall apply. Also refer to Sections 1.1 and 3.1 of this Specific Plan.
B.
Zone: Neighborhood Park (D-NP)
This zone applies to land developed as the Mildred MacPherson
Park, and is set aside for the public's use as a passive and active
neighborhood recreational area; no private development may occur within
this zone.
C.
Street End Parks
The west ends of B and C streets are incorporated as part of
the Moonlight Beach park. The street end of D Street is developed
as an ocean-viewing vista point and beach access; the end of I Street
is partially developed as a vista point. The west ends of F, H, and
J streets are designated by the General Plan Resource Management and
Recreation elements as vista points to be developed. As a practical
matter, the end of G Street reaches through to the ocean bluff and
may also have potential as a street-end vista point. These existing
and potential vista points are public street rights-of-way. They need
to be subject to land use and development regulation, similar to private
properties, if used as street-end vista points, beach access or "mini-parks."
Under this specific plan, the west end-streets of D, F, G, H, I and J streets may be developed and used as vista points, beach accesses or "mini-parks," subject to minor conditional use permit approval, and appropriate development standards per Chapter 30.32 of the Encinitas Municipal Code; and in addition shall comply with policies and provisions of the Encinitas General Plan, Land Use, Resource Management and Recreation elements, related to vista points and beach accesses.
3.2.6
Transportation Corridor Zone
(D-TC)
The Transportation Corridor zone of this specific plan is intended
to ensure the preservation of lands in the coastal railroad corridor
for public transportation needs; and for appropriate secondary uses
including, recreational trails, public parking, public street improvements
and parks, as long as the primary transportation use is not inhibited.
The following uses shall be permitted in the D-TC Zone. All
other uses are prohibited:
1.
Permitted Uses: Establishment and development of permitted
uses shall be subject to Design Review.
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Bus Stop (drop-off & pick-up only)1
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Cellular Facility (Ord. 91-03)
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Gas Distribution, Meter and Control Station
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Limousine/Shuttle Bus Stop - 2 spaces (drop-off & pick-up
only)1
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Newsstand1
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Public Parking
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Rail Station
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Public Recreational Trails/Linear Park
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Taxi Stop - 2 spaces (drop-off & pick-up only)1
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Utility Lines - Sewer, Gas, Petroleum, Telephone, Electric2
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1
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In conjunction with a rail station only.
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2
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New lines shall be placed underground except high voltage electrical
transmission lines.
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2.
Major Use Permits:
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Public Parking Structure
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3.
Development Standard: The development and parking requirements and regulations applicable through Title 30 of the Encinitas Municipal Code under the GC Zone, shall be considered for any development in the D-TC Zone. Applicable design guidelines under Chapter 4.0 of this Specific Plan shall also apply. In the event of any conflict, the provisions of this Specific Plan shall prevail.
3.2.7
Special Purpose Overlay Zones
The provisions, restrictions and requirements of the following
zoning overlays apply in addition to site-specific zoning established
under this specific plan.
A.
Overlay Zone: Coastal Bluff (CBO)
Coastal Bluff Overlay is intended to provide recognition of
the bluff areas as dynamic land-ocean interfaces that are subject
to change as a result of natural and man-made factors, and which must
be considered as a constraint to development. Refer to Section 3.1,
Residential West and Moonlight Beach Park Subdistricts.
B.
Overlay Zone: Scenic/Visual Corridor (SVC)
Scenic/Visual Corridor Overlay is intended to identify those
areas where significant aesthetic and visual resources are present
(Ord.89-41). Refer to Section 3.1, First Street Corridor Subdistrict.
C.
Overlay Zone: Hillside/Inland Bluff (H/IBO)
Hillside/Inland Bluff Overlay is intended to provide recognition
of hillside and inland bluff areas as sensitive natural features which
represent significant constraints to development. Refer to Section
3.1, Cozen's Site Subdistrict.
D.
Overlay Zone: Cultural/Natural Resources (C/NRO)
Cultural/Natural Resources Overlay is intended to provide recognition
of areas containing important man-made cultural and historic resources,
and ecologically sensitive plant and animal habitats, as constraints
to development. Refer to Section 3.1, Moonlight Beach Park Subdistrict
and Chapter 8.0.
E.
Overlay Zone: Historic Preservation (HPO) (Ord. 2009-15)
The Historic Preservation Overlay is intended to protect, for
the benefit of present and future generations, the historic integrity
of certain historically significant properties and/or structures located
within the Downtown Encinitas Specific Plan. It is the further intent
of this overlay zone to provide for the long-term continued preservation
of such designated historic resources by providing flexibility in
permitted uses more befitting to the economic viability of an historic
resource than may otherwise exist under the permitted uses of the
underlying zone.
Establishment of permitted uses beyond those permitted in the
underlying zone shall be subject to the following provisions:
1.
Applicability:
The following provisions apply to all properties within the
Downtown Encinitas Specific Plan area, excluding, however, residentially
zoned properties located on the east side of Vulcan Avenue due to
limited on-street parking and the potential to create future land
use conflicts.
2.
Eligibility Criteria for Historic Resources:
To qualify as a historical resource for purposes of these provisions,
a historical survey shall be prepared by a qualified professional
historian, which demonstrates the historical significance by meeting
one of the following requirements in this section and, additionally,
shall be 50 years of age or older.
a.
The historic resource exemplifies or reflects special elements of
the city's cultural, social, economic, political, aesthetic, engineering,
or architectural history; or
b.
The historic resource is identified with persons or events significant
in local, state or national history; or
c.
It embodies distinctive characteristics of a style, type, period,
or method of construction, or is a valuable example of the use of
indigenous materials or craftsmanship; or
d.
It is representative of the notable work of a builder, designer,
or architect; or
e.
Its unique location or singular physical characteristic(s) represents
an established and familiar visual feature or landmark of a neighborhood,
community, or the City.
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A resource less than 50 years old may be considered if it can
be demonstrated through a historical survey, prepared by a qualified
professional historian, that sufficient time has passed to understand
its historical importance.
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3.
Review Process:
a.
Uses which involve parcels containing historical sites and/or structures
shall require a survey by a qualified professional historian[2] to be submitted by the applicant to determine the site/structure's
historical significance.
[2]
Qualified Professional. An individual meeting the Secretary
of the Interior's Professional Qualifications Standards as stipulated
in the Secretary of the Interior's Standard.
b.
Specific uses may be permitted for historic resources within the
Historic Preservation Overlay Zone pursuant to the provisions of this
Section and upon approval of a Major Use Permit.
c.
Residential District – To encourage investment in the historic restoration of existing
structures, limited small-scale businesses may be considered for historic
resources located in residential districts. These businesses may operate
out of a historic structure provided that the following findings can
be made:
ii.
The nature of the use is such that it will be compatible with
and will not adversely impact the neighborhood;
iii.
The use is reasonably necessary for the continued preservation
of the historically significant structure in which it is to be located,
and is compatible with the historic character of the structure.
Small-scale businesses may include, but are not limited to,
uses such as artist studios or offices for photographers, architects,
attorneys, chiropractors. All proposed uses shall be subject to the
Planning Commission making the necessary findings to allow such uses.
d.
Existing and Previously Existing
Uses – The established historic use of a resource (defined
as the original resource use or the use for which the resource was
designated) or an existing use not otherwise permitted in the underlying
zone shall be permitted and may continue provided that the following
findings can be made:
i.
For existing uses, the use has been legal and continues to operate.
Expansion of existing uses would be subject to a Major Use Permit;
ii.
The nature of the use is such that it will be compatible with
and will not adversely impact the neighborhood;
iii.
The character of the neighborhood and the integrity of the historic
structure is not substantially altered;
iv.
The proposed use is reasonably necessary for the continued preservation
of the historically significant structure in which it is to be located,
and is compatible with the historic character of the structure;
v.
Removal of the use to another location would effectively end the
significance of the historical designation on the property, if applicable;
and
vi.
The use has been legally and continuously operating for at least
50 years.
e.
Public Access to a Historically Preserved or Restored Interior.
Public access is defined as establishment of a museum of public
display of a historic interior or a use in which the interior is generally
accessible to the public during normal business hours. The Major Use
Permit may specify areas which are to customarily remain open to the
public for the approved use. Extraordinary access such as historic
tours is not typically required unless extraordinary access is a required
condition of the use permit approval.
(Amended 5/11/95 Ord.
95-04; Ord. 2016-08; Ord. 2021-04; Ord. 2019-16; Ord. 2019-14; Ord. 2019-04; Ord. 2017-03; Ord. 2015-01; Ord. 92-28; Ord. 91-03)
3.3.1
Introduction
Early in the specific plan process, parking needs were identified
as an issue of substantial concern for the Downtown Encinitas area.
Parking which is customer-convenient, as well as having an adequate
number of spaces, is seen as vital to the long-term success of the
commercial districts on First and Second Streets. Adequate parking
in these districts will help avoid the nuisance of overflow parking
onto adjacent residential streets. In the planning area as a whole,
adequate parking requirements for new development will assure future
access and avoid the kind of congestion and street overcrowding too
often exhibited in southern California coastal neighborhoods.
The traditional zoning strategy for providing adequate and convenient
parking has been simply to require development to provide off-street
parking on each development site as per ratios of parking demand created
by each land use. This is a time-tested strategy which has proven
largely successful and which should continue to be used as applicable.
The ability to use this approach in the First and Second Street corridors,
however, is limited by existing older development and small lot sizes.
It often is not possible to provide the number of off-street parking
stalls which city standards require on these smaller lots with existing
buildings limiting site layout.
Relying on standard off-street parking requirements for the
First and Second Street Subdistricts, then, does not appear realistic;
could stifle economic development by discouraging new commercial uses;
and could even encourage consolidation of lots and demolition of existing
buildings. These effects would be directly contrary to the goals of
economic development and maintenance of the historic and "mainstreet"
character of the Downtown Encinitas area.
For these reasons, this specific plan provides special parking
strategies for the First and Second Street Corridor Subdistricts.
These are designed to provide adequate parking but still retain the
character of the downtown commercial core.
Parking incentives, as well as requirements, also are provided.
The modification of parking requirements can be a powerful inducement
to the achievement of certain goals; in this case, the economic rehabilitation
of existing buildings, and the affordability of dwelling units. Such
inducements are limited so as not to defeat the goal of assuring adequate
parking.
These strategies relate primarily to the First and Second Street
corridors. Remaining subdistricts of the specific plan present a range
of planned land uses. Primarily, land use and development in these
subdistricts is expected to satisfy parking demand by traditional
off-street parking development. Combined, the parking requirements
and strategies in the Downtown Encinitas Specific Plan should satisfy
parking need, and assure public accessibility in this coastal district.
Following are descriptions of the parking strategies applied to each
subdistrict.
3.3.2
Parking Strategies
A.
Haciendas de la Playa Condominiums Subdistrict
Haciendas de la Playa Condominiums Subdistrict consists entirely
of the Haciendas de La Playa condominium development. This is a relatively
recent development and already provides off-street parking to meet
its generated demand. Planning and zoning under this specific plan
(D-R15 Zone) match its existing residential density and character
and no significant new development is expected on this site. There
is no need for special parking strategies for this subdistrict. The
parking requirement for this subdistrict carries over the standard
off-street parking requirement from the citywide R-15 Zone.
B.
Residential East Subdistrict
Residential East Subdistrict is the "residential east" neighborhood.
This subdistrict is nearly all residential (D-R11 Zone) with the exception
of the Mildred MacPherson Park site, the Derby House, and two office
buildings north of the Derby House on Vulcan Avenue.
Due to the current, incomplete improvement of neighborhood streets in the interior of this subdistrict and the desire to keep them minimal and "rustic" in character, these streets cannot be relied upon to accommodate parking. Vulcan Avenue will provide on-street parking opportunities intermittently (Reference Chapter 5, street improvements for the Residential East subdistrict). For these reasons it is vital that this subdistrict require adequate off-street parking with development. This specific plan requires provision of off-street parking for all new development as per citywide standards for all zones in this subdistrict.
Off-street parking for the office buildings on Vulcan Avenue
(D-OP Zone) is already provided by those developments. The Derby House
(D-LVSC) site consists of four original lots with enough open area
to apparently meet parking needs for increased usage.
Neighborhood parks are not required by standards to provide
any off-street parking, but Mildred MacPherson Neighborhood Park includes
on-street parking along Vulcan Avenue between I and J Streets. The
width of the street for parking here may be wide enough to consider
diagonal parking spaces, but safety of traffic along Vulcan Avenue
must be considered.
C.
Residential West Subdistrict
The Residential West Subdistrict is mostly several zones which
are exclusively residential (D-R8, D-R15, D-R25), and also includes
the Pacific View Elementary School (D-P/SP Zone) and the small mixed
residential/office zone immediately east of the school (D-OM Zone).
Streets in this subdistrict range from formal and broad, providing
on-street parking, to very informal and minimal, little more than
alleys providing minimum access. The school itself generates a certain
amount of intermittent on-street parking demand, and this plan provides
that adjacent streets be restricted for drop-off parking.
Even with planned parking resources for Moonlight Beach, the
general draw of the coastline for active and passive public access
is likely to create an increasing demand for street parking over time;
note the existing and additional new passive street-end coast viewpoints
along the western edge of this subdistrict. For these reasons, this
specific plan requires that uses in all of the zones of this subdistrict
provide required parking off-street per the specified parking ratios,
as development occurs. No other strategies are applied to this area.
Moonlight Beach should continue to be a strong parking draw. Substantial off-street parking facilities are included in master planning for Moonlight Beach; and a suggestion is made for additional, underground parking at the main upper parking lot for the beach (Reference Chapter 3, D-MBP and Chapter 1, "Unique Site Opportunities").
D.
South Coast Highway 101 (First Street) Corridor Subdistrict (amended Ord. 2011-05)
First Street Corridor Subdistrict, as noted above, is one of
the key subdistricts where specialized parking strategies are provided
to meet parking needs while maintaining district design and character.
The intent is to allow the combination of these strategies, as applicable,
to the total parking requirement for each individual use or development.
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The first strategy is a redefined set of parking ratios for
commercial and office uses for the Downtown Encinitas plan area. The
commercial parking ratios in the citywide zoning code are based on
the expectations of contemporary development, that is, new development
on relatively large lots with large building occupancies available.
The prevailing commercial development along First Street, however,
is very small lot size and related small building occupancies.
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This specific plan provides revised parking ratios for selected
commercial and office uses, recognizing the prevailing small lot and
building occupancy sizes for commercial uses in this area, with the
result that a greater proportion of building floor area (compared
to more contemporary, larger-lot and larger-building commercial development)
is devoted to necessary utility, storage, and other operations rather
than customer or employee space. Since it is the "people-space" part
of an occupancy which generates the most parking demand, the effect
is a lower parking requirement per gross building floor area for smaller-lot/smaller
building development.
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The second strategy is to allow on-street parking which is immediately
adjacent to a development site to count toward the parking requirement
for uses on that site. Usually, parking requirements must be satisfied
exclusively by off-street (on-site) parking. This is because of the
frequent need to restrict or remove on-street parking in commercial
districts over time, as build-out occurs and traffic patterns change.
In the Downtown Encinitas area, however, the pattern of development
is largely established on South Coast Highway 101 (First Street),
and reliable predictions of future build-out traffic levels are provided.
On-street parking on South Coast Highway 101 (First Street) and its
side streets is established and will not be required to be removed.
This provides a reliable resource of parking which, even if time-restricted,
is available for customer use. (amended Ord. 2011-05)
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This specific plan allows adjacent on-street parking to be proportionally counted toward the parking requirements for commercial and office uses (reference Parking Standards, Section 3.3.3). Related to this, this plan also calls for the pattern of angled parking on South Coast Highway 101 (First Street) to be carried further south, and to be re-striped to city standards to provide the maximum number of spaces. [See Chapter 4.0, streetscape plan for South Coast Highway 101 (First Street) and Chapter 11.0, capital improvement plans for South Coast Highway 101 (First Street)]. Parking on South Coast Highway 101 (First Street) is required to be time-restricted to a two-hour limit to insure availability for customer use. (amended Ord. 2011-05)
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To increase the on-street parking yield, driveways shall be
closed along the corridor unless demonstrated that the closure is
not feasible. The closing of driveways over time creates a significant
benefit in the form of additional on-street public parking along the
South Coast Highway 101 (First Street) corridor. (amended Ord. 2011-05)
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The third strategy is an incentive for the remodeling and reuse
of existing buildings in the First Street corridor. This is an economic
development strategy for the Downtown Encinitas area. Citywide standards
currently allow existing buildings a parking "break" in that, when
an addition is proposed to an existing building, if the development
site will not allow the full parking requirement to be provided, the
parking requirement must be met only for the floor area of the new
addition rather than the whole building. Upon a change of use, however,
if the new use has a higher parking ratio requirement than the previous
use, citywide standards require the full parking requirement for the
new use to be provided. This specific plan allows existing buildings
the same parking break as in the current citywide standards but expands
it to apply to any change of use, irrespective of the parking ratio
requirement. This applies only insofar as the development site is
restricted so as to preclude the provision of parking. To the maximum
extent possible, based on development standards under the specific
plan, the maximum number of parking spaces must be provided up to
the number required by the parking ratios.
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The fourth parking strategy is an incentive for affordable housing.
The mixed-use zone for the First Street corridor allows a limited
amount of attached residential, apartment-type dwellings in conjunction
with commercial use. The parking required for these mixed-use units
is a maximum of two spaces per dwelling. This specific plan allows
a parking reduction for units which are guaranteed affordable to low
or very-low income households, as defined under the city's Housing
Element, to one space per unit. Note that all parking for residential
units in mixed-use development must be provided off-street, on-site.
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As noted under the Railroad Corridor Subdistrict, development
of a transit station in the Downtown Encinitas area would remove existing
informal parking which is used by customers of First Street businesses,
and provide formal parking for users of transit (the City has asked
that the parking lot leased to the local Chamber of Commerce on rail
right-of-way along Vulcan Avenue between D and E Streets, be replaced,
along Vulcan Avenue south of E Street). Due to location (proposed
north of Encinitas Boulevard), the proposed second phase of 200 parking
spaces for the station would not be useful as potential joint-use
parking for the downtown commercial area. The first-phase of formal
station parking, approximately 236 spaces, would be relatively convenient
by location and has been discussed for possible joint-use for First
Street businesses. In this regard, it is important to note that transit
station parking will be co-opted and unavailable for any other use
Monday through Friday during peak daytime business hours, approximately
6 a.m. to 7 p.m.
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For this reason, this specific plan proposes to allow
for joint use of transit station parking as a strategy for the First
Street Corridor Subdistrict, under limited conditions. The La Paloma
Theater is a use expected to generate significant demand during evening
hours, and is located immediately adjacent to the transit station's
proposed parking. This specific plan provides that parking for the
La Paloma, and other businesses which are immediately adjacent and
accessible to transit station parking, which can demonstrate a parking
demand during evening/weekend hours, may be satisfied by a recorded
joint-use agreement for transit station parking to be approved by
conditional use permit. However, in no circumstances shall exclusive
or joint use of the transit center parking lot be permitted to satisfy
parking requirements for any existing or proposed development during
peak transit center station hours (weekday business hours).
Other parking strategies for the First Street Subdistrict have
been considered. It is possible, through formation of a parking assessment
district and allowance of inlieu parking fees, to pursue a system
of public parking lots located along the corridor. The land for these
shared public lots would have to be bought and the lots developed.
These costs would have to be covered, as well as the question of which
properties to use for such purpose, and how to earmark them for this
purpose short of condemnation. Also to be considered is the appearance
and design effect of open auto parking lots along this "Main Street"
corridor.
Subsequent to the adoption of the specific plan, the City may
pursue the creation of a system of public parking lots for the Downtown
Encinitas commercial core.
E.
Second Street Corridor Subdistrict (amended Ord. 2011-05)
Second Street Corridor Subdistrict, along with South Coast Highway
101 (First Street), is provided with several parking strategies for
land uses to take advantage of.
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The revised parking ratios under this specific plan will be
applied to commercial and offices uses along Second Street.
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Commercial and office uses in this subdistrict also are allowed
to proportionally count on-street parking toward their parking requirement.
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To increase the yield of on-street parking, the streetscape
plan for the Second Street corridor includes re-striping to create
the greatest gain of on-street parking consistent with City practices.
The closing of driveways created over time creates a significant benefit
in the form of additional on street public parking. Driveways shall
be closed along the corridor unless demonstrated that the closure
is not feasible. (amended Ord. 2011-05).
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As with South Coast Highway 101 (First Street), a parking incentive
is provided for the remodeling and reuse of existing buildings along
Second Street. (amended Ord. 2011-05)
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The parking incentive for dwelling units guaranteed as affordable
to low or very low income households applies in the Second Street
corridor as well as South Coast Highway 101 (First Street). This applies
to units in mixed commercial-residential developments and in stand-alone
residential projects. Note that parking required for residential uses
in this subdistrict must be provided exclusively off-street. Please
refer to the discussion above under South Coast Highway 101 (First
Street) Corridor Subdistrict for further details of these parking
strategies. (amended Ord. 2011-05)
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A Downtown Encinitas commercial parking district, if established,
may apply to Second Street as well as South Coast Highway 101 (First
Street). (amended Ord. 2011-05)
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F.
Cozen's Site Subdistrict
Cozen's Site Subdistrict provides another mixed-use zone which
anchors the north end of the Downtown Encinitas commercial core. This
development site is allowed to have a more intensive building envelope
than most other districts, and it is anticipated that this will support
a basement level of parking. This provides a large parking potential
to draw upon, and no other parking strategies are set forth for this
subdistrict. Development on this site is required to satisfy its parking
requirement with on-site parking.
The parking incentive for dwelling units guaranteed as affordable
to low or very low income households, which applies in the First and
Second Street corridors, also applies in the Cozen's Site Subdistrict.
This applies to units in mixed commercial-residential developments.
G.
Civic Center Subdistrict
This Subdistrict is the civic center site recently purchased
by the City. Existing building square footage in the original shopping
center, fronting on Vulcan Avenue, has been remodeled for municipal
and Fire District offices. Existing San Dieguito Water District offices,
fronting on Cornish Drive, have been incorporated into this use. The
county branch library on Cornish Drive remains. This is the short-term
use for this subdistrict anticipated by this specific plan. In the
long term, the development of a comprehensive new civic center and
library complex is possible in this subdistrict, and also is provided
for by this plan.
Both these short-term and long-term uses should be responsible
for providing off-street and on-site parking to meet the demand created
by the combination of public offices and services. No special strategies
are provided for this subdistrict, other than requiring off-street
parking with development. Citywide parking requirements are carried
over to apply to the zoning of this subdistrict. It is possible that
future Civic Center redevelopment may result in excess parking capacity.
At that time, consideration may be given to the allocation or joint-use
availability of such excess.
H.
Moonlight Beach Park Subdistrict
Moonlight Beach Park Subdistrict is the Moonlight Beach Community
Park. The continued development of this park is subject to conditional
use permit review, which must insure the provision of adequate off-street
parking. No specific parking ratio is established for public parks;
rather, each development is required to provide a site-specific parking
study to establish parking demand. While the plan review process for
Moonlight Beach will determine the location of beach parking, it may
be anticipated that the existing public lot on top of the bluff overlooking
the beach will continue to be used for parking; in addition, a string
of physically separated lots on the north side of B Street which are
publicly owned as part of Moonlight Beach and included in this subdistrict
may be available for development as beach parking lots.
I.
Railroad Corridor Subdistrict
Railroad Corridor Subdistrict is the railroad right-of-way.
Presently, portions of this right-of-way are used for "common" public
parking for the adjacent downtown commercial district (in informal
dirt parking behind the La Paloma Theater and more formally in the
paved Chamber of Commerce lot along Vulcan Avenue between D and E
Streets). This open public parking is expected to be removed by the
proposed Encinitas Transit Station, which is proposed to use all of
the right-of-way from Encinitas Boulevard to E Street. The loss of
this source of "extra" parking for First Street corridor businesses
underscores the need for adequate, combined parking strategies for
the First Street Corridor Subdistrict.
This specific plan requires that the station satisfy its own
parking demand by providing adequate off-street parking spaces. The
initial phase of the station's development is proposed to provide
approximately 236 parking stalls, in off-street lots off of Vulcan
Avenue and D Street. The ultimate build-out of the station is proposed
to expand this off-street parking to approximately 450 total spaces.
At this time, the location of the future additional parking spaces
is proposed to be developed north of Encinitas Boulevard, to access
by pedestrian bridge south to the train station. The City has asked
that the Chamber of Commerce parking lot be replaced, along Vulcan
Avenue south of E Street.
3.3.3
Parking Standards
A.
Purpose
1.
The provisions set forth in this section are for the purpose of providing
convenient vehicle parking. The parking requirements set forth herein
are to be considered the minimum necessary for the specified land
uses, within the zones created under this specific plan.
2.
The intent of these provisions is to provide adequately designed
vehicle parking with sufficient capacity and adequate circulation
to minimize traffic congestion and promote public safety and convenience.
It shall be the responsibility of land owners, developers, and/or
operators to provide and maintain adequate parking, to the minimum
requirements set forth herein.
B.
General Provisions
1.
The specified provisions of this section supersede, and otherwise are supplementary to, the comprehensive parking regulations set forth in Chapter 30.54 of the city of Encinitas Municipal Code. Unless otherwise specified herein, the provisions, requirements and standards of Chapter 30.54 of the Municipal Code shall apply. In case of conflict between the provisions set forth herein and the provisions of Chapter 30.54, the provisions set forth herein shall apply.
2.
All required parking shall be off-street, on the same site as the
land use it serves, unless otherwise provided by these regulations.
3.
Off-street parking for a land use may be provided on an immediately
adjacent development site, by discretionary design review, provided
that the adjacent site is under the same zoning as the development
site; access from the use to said parking is unimpeded; said parking
is not counted toward the required parking of any other land use;
and said parking is reserved for the land use by a recorded, irrevocable
easement to which the City is a party.
4.
Joint-use of parking shared between uses may be approved, as provided by Section 30.54.050 of the Municipal Code.
5.
A public alley may be counted toward the required back-out and maneuvering
aisle space for on-site parking which is immediately adjacent to said
alley.
C.
Schedule of Required Parking
1.
The number of required vehicle parking spaces for any land use or combination of uses shall be no less than pursuant to the following table, except as otherwise provided in this section. For land uses not specifically covered by the following table, the requirements of Sec. 30.54.030 of the City of Encinitas Municipal Code shall apply.
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Table 3 Required Parking
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Use
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Parking Spaces Required
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Mixed Use Residential Dwellings:
Studio Units and One Bedroom Units
Two or More Bedroom Units
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1.5 spaces per unit
2 spaces per unit
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Office & Commercial Developments of 6,000 sq. ft.
and less of gross building floor area:
General Offices; Professional Services including Attorneys,
Financial Institutions, Accountants, Realty Offices, etc.; Medical,
Dental, Veterinary Offices/Clinics; Government Offices
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1 space for each 300 sq. ft. of gross building floor area
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Restaurants, Bars, Lounges
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1 space for each 100 sq. ft. of gross building floor area and
on-site outdoor dining area
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Take-out Restaurants, no seating
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1 space for each 250 sq. ft. of gross building floor area
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Personal Service Commercial Uses, including Beauty Shops, Nail
Salons, Hair Salons, Barber Shops, Dry Cleaners, etc.
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1 space for each 250 sq. ft. of gross building floor area
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Other individual retail uses and commercial services except
as otherwise specified
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1 space for each 300 sq. ft. of gross building floor area
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2.
First Street Corridor and Second Street Corridor Subdistricts,
Zones D-CM-1, D-CM-2, and D-VCM: Residential units in mixed-use
projects which are guaranteed to be affordable to low and very-low
income households as defined in the City of Encinitas Housing Element,
shall have their parking requirement reduced to one, off-street parking
space per dwelling unit.
3.
South Coast Highway
101 (First Street) Corridor and Second Street Corridor Subdistricts,
Zones D-CM-1 and D-CM-2: The following parking provisions apply
to non-residential uses, only. Not withstanding these provisions,
the maximum number of parking spaces shall be provided for each development
site, to the maximum number possible based on current site development
standards, not to exceed the number required by the schedule of required
parking above. (amended Ord. 2011-05)
a.
A proportional share of on-street parking shall be counted toward
the required number of parking spaces for non-residential uses for
a development site, as follows: For each block face on which the development
has street frontage, the total number of on-street parking spaces
shall be calculated. For each frontage, the development site shall
count towards its non-residential parking requirement its share of
existing on-street spaces based on the proportion of street frontage
on that block. (amended Ord. 2011-05)
b.
To increase the overall yield of on-street parking, the City, through
the Engineering Services Department, can initiate a "Restriping Program."
1.
Restriping Program: The City Council can establish the parking supply
counts of on-street parking for each block face within these corridors
by resolution upon a City initiated Restriping Program or similar
Capital Improvement Project. The resolution shall establish an allocation
of existing on-street parking pursuant to the parking pursuant to
the paragraph 3(a) above. Any increase of on-street parking resulting
from re-striping of block face (per applicable City standards) shall
not be counted for proportional share calculations of on-street parking.
Any reduction of on-street parking shall not reduce the proportional
share calculations set by City Council resolution. (amended Ord. 2011-05)
2.
In addition to the proportional share of parking set in the Restriping
Program resolution (outlined in b.1 above), an additional on-street
parking credit shall be given for closing driveways for non-residential
properties. Only those non-residential properties that close a driveway
shall receive a proportional share of parking credit of the resulting
on-street parking stalls gained. This shall only occur after the Restriping
Program has been established by resolution. The remaining proportional
share of on-street parking, which is not gained by the development
for its proportional share allocation, shall be used as general public
parking. (amended Ord. 2011-05)
The following example helps to illustrate proportional share
of parking credit for driveway closures as outlined above:
 Example (see arrow): Driveway closes; two on-street spaces created;
0.25 space credit provided to that lot
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In a typical block within South Coast Highway 101 (First
Street) and Second Street of the Downtown Encinitas Specific Plan,
there are typically eight 50-foot wide lots per block. If the driveway
closure results in a gain of two spaces on that block, the non-residential
property's proportional share allocation would gain a 1/8 credit (or
0.25 space credit) of the two parking stalls gained for that block
face. The remaining 7/8 credit (or 1.75 space credit) would be used
for general public parking and not be considered on-street parking
credit for other lots on that block. (amended Ord. 2011-05)
The parking credit for driveway closures is based on the non-residential
properties proportional share allocation on that block and is not
fixed at a 1/8 credit (or 0.25 space credit). If the frontage for
the non-residential lot is more or less than the typical 50-foot wide
frontage (for example 100 feet or 25 feet of frontage) then the proportional
shall allocation would be adjusted accordingly, ¼ credit or
1/16 credit (or 0.50 or 0.125 space credit), respectively, and the
remaining credit would be used for general public parking and not
be considered on-street parking credit for other lots on that block.
(amended Ord. 2011-05)
c.
For additions to or increases of gross floor area of existing buildings,
or new development proposed to replace existing buildings on the site,
the number of required parking spaces is the fewer of either: the
total number required for the development site for the combination
of uses per the ratios specified above, or the number of existing
parking spaces on the development site before new development; plus
additional spaces as required by the ratios specified above for the
proposed addition or increase in floor area.
d.
For any change of use in an existing building, not related to an
addition to or increase of gross building floor area: the required
number of parking spaces shall be limited to the maximum number that
the development site together with its proportional share of on-street
parking can yield under current development standards.
4.
First Street Corridor Subdistrict,
D-CM-1 Zone: The number of parking spaces required for a use
which is located immediately adjacent to the public, off-street parking
for the Encinitas Transit Station, may be satisfied partially or entirely
by parking provided in the Encinitas Transit Station public parking
lot, subject to a recorded, joint-use agreement to which the City
is a party guaranteeing the availability of said parking during weekday
evening and weekend hours, and subject to approval of minor conditional
use permit, provided the following are demonstrated:
a.
The site of the use is adjacent to and has immediate pedestrian access
to the transit station parking;
b.
The use will generate its parking demand during hours when the transit
station parking is not required for transit customer use.
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In no circumstances shall exclusive or joint use of the transit
center parking lot be permitted to satisfy parking requirements for
any existing or proposed development during peak transit center station
hours (weekday business hours). Amended 5/11/95 (Ord. 95-04)
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(Amended 5/11/95 Ord.
95-04)
