Land use planning ultimately has a relationship to housing issues. While housing has not been a primary impetus in the development of the Downtown Encinitas Specific Plan, the vision of an active seaside village, historically the "center of town" with its own neighborhood identity and neighborhood support of the commercial district, has meant a substantial focus on residential use. The specific plan implements the City's General Plan and the commitment of the Housing Element to provide a range and balance of housing opportunities.
The specific plan area includes the Residential East and Residential West subdistricts, which are primarily residential in nature and will continue to contribute to the City's housing stock. Other sub-districts, too, provide residential use today and are recognized in this plan as appropriate to continue to include a residential element, even if not as the primary element in those subdistricts. Chief among these are the First Street and Second Street mixed use districts.
The City has recognized the real opportunity provided by the specific plan to help address City-wide housing needs. It City's intent to fashion a plan which will realize this opportunity, within the limits of development which respects and maintains the unique and desirable character of downtown Encinitas' neighborhoods.
Chapter 2.0 of this plan is a detailed presentation of issues, goals and objectives. To summarize issues, the need for low income housing is recognized; maintaining community character and preserving existing housing stock (which is often among the most affordable housing in a coastal community) also are identified. To summarize housing goals and objectives, the plan should provide for appropriate in-fill under residential zoning and explore the allowance of residential as a secondary use in commercial districts as a mixed-use opportunity.
Chapter 10.0 treats general plan compliance in detail. In terms of housing, to be consistent with and to implement the General Plan, this specific plan must maintain the general pattern and density allowances of residential use designations established under the Land Use Element. In addition, as provided in the Land Use Element and specified as housing program VI-e in the Housing Element, the specific plan process has addressed mixed-use residential under commercial zoning.
The downtown Encinitas planning area encompasses the historic center of the original beachside community, with residential neighborhoods immediately surrounding its commercial core. At the time of the existing land use survey (1990) the planning area included 908 total dwelling units, 105 under commercial zoning and at least 46 attached to primary non-residential uses (commercial or office). Thus, a mixed-use pattern of residential in the commercial village, especially along Second Street, was established in the downtown Encinitas area prior to the adoption of this plan.
One hundred and thirty-seven (15%) of the existing dwellings were classified as stand-alone single-family residential. Two hundred and forty-two (27%) were duplex, and the remaining 483 (53%) were multi-family residential, at least 3 or more units in a building. This includes 99 units in the single largest development in the planning area, the Haciendas de la Playa condominiums, on the east side of Vulcan Avenue north of D Street.
Distinct from most of the rest of Encinitas, the downtown Encinitas residential community is one of predominantly multi-family use. Aside from Haciendas de la Playa, existing housing development in the downtown Encinitas area, whether single or multi-family, has been predominantly small-scale sited on the small lots which characterize the area. The overall housing picture has been one of a broad variety of housing types, in a scale and setting physically consistent with the eclectic beach village character of the area.
The housing "strategies" of the Downtown Encinitas Specific Plan are largely the result of the land use planning policies developed in Chapter 3.0. In crafting the most desirable zoning provisions for the various subdistricts, an additional benefit has been a net increase in housing potential, and of a type most likely to be "affordable" by market forces. The following outlines specific strategies.
A. 
First Street Mixed Use
The mixed use zoning (D-CM-1) structured for First Street replaces the previous commercial-only zoning for this subdistrict and allows residential units above or to the rear of primary commercial uses. This allowance for residential use is limited, to assure that the character of the First Street corridor will remain primarily commercial: stand-alone residential is not permitted, and residential units are not allowed to exceed 50% of the gross floor area of any site. The purposes of this mixed use allowance are to recognize the appropriateness of a "village residential" component of the downtown commercial core; to build in neighborhood market support for the downtown commercial district; to provide a more around-the-clock vitality to the commercial district; and to absorb any excess development potential in this subdistrict which commercial-only zoning may not be able to fill. Individual dwellings are required to be a minimum of 350 sq. ft. in floor area.
There is no density limit specified for the residential contingent of this mixed-use allowance, but it is possible to estimate a potential density yield. Based on the development standards, which apply under this zone, it is estimated that a maximum of 2 dwellings would result on a "standard" 5000 sq. ft. lot. This is the equivalent of approximately 17 dwelling units per acre without taking into account the commercial portion of a site's development; when accounting for this as well, the effective residential density may be seen as up to 34 dwellings per acre. It is not expected that every lot along First Street would be developed with this residential component, or that all sites, which do, would develop to this "maximum". Please see the assumptions for development included in Appendix E.
There are no regulations requiring mixed-use units to be restricted so as to be guaranteed affordable to low or very low income households. Mixed use dwellings are expected to be attached units, with the size and physical characteristics of apartment units. As such, it is expected that mixed-use units can be relatively affordable market-based rental units. Note the available incentives (paragraphs E and F of this Section) for guaranteed-affordable units.
B. 
Second Street Mixed Use
The zoning for Second Street (D-CM-2) under this specific plan replaces previous commercial-only zoning. The Second Street subdistrict is a part of the commercial core of the downtown Encinitas area, but is planned to be less intensive than First Street and to transition to the residential-only neighborhood to the west. While Second Street is subject to regulations to assure its primarily commercial function, the allowance for residential on Second is somewhat broader than for First Street. In addition to the allowance for residential mixed with commercial on a site (subject to the same restrictions as for First Street, above) Second Street is allowed to have a limited amount of stand-alone residential. This is allowed to a maximum 25 dwellings per acre, and for no more than 25% of the lots (by lot area) along the street. Please see the assumptions for residential development noted in Appendix E.
As for First Street, there are no requirements for residential units on Second Street to be guaranteed affordable. It is expected that they can be relatively affordable market-based rentals. Residential development may take advantage of the affordability incentives noted below.
C. 
Cozen's Site Subdistrict
This subdistrict is under one zone, D-VCM, which is another mixed-use zone. This replaces the previous commercial-only, visitor serving commercial zoning on this site. D-VCM is similar to the First Street zone in terms of the residential use allowance, with no specified residential density but an overall limit by floor area on how much site development may be residential. This zone allows a larger overall building envelope than the other commercial zones in the downtown Encinitas area. See Appendix E for assumed residential development potential. Residential units in this subdistrict will be attached multi-family, and may take advantage of affordable incentives below but are not automatically restricted by affordability.
D. 
D-OM Zone
The D-OM Zone is another mixed-use zone, which replaces previous commercial-only zoning. This applies to the east side of Third Street between E and F Streets, and is designed to allow office, residential, or mixed office/residential use. Stand-alone residential is limited to 15 dwellings per acre, to match the surrounding zoning allowance on Third Street. Mixed residential also is limited to 15 dwelling units per acre, and there is no proportional limit to the residential share. As for the other mixed-use zones, there is no requirement for guaranteed unit affordability, although projects may take advantages of incentives (paragraphs E and H of this Section).
E. 
Parking for Residential Uses
Under this specific plan, stand-alone residential development is required to meet the citywide parking standards established in the city's zoning code. Units in mixed-use development, however, are subject to a somewhat simplified parking standard, with no more than two off-street parking spaces required for any dwelling. This plan also offers a voluntary incentive for mixed-use units which are guaranteed to be affordable to low or very low income households: such units per development site is are allowed a reduced, one-space per unit parking requirement.
F. 
Residential East Subdistrict
Most of the Residential East subdistrict is under the D-R11 Zone which replaced the previous citywide R-11 Zone for this area. The revised zone disallows attached apartments of 3 or more units but broadens the allowance for duplex units, so that duplex development is allowed for all lots of at least 5000 square feet. This revised zoning has been applied in recognition of the substantial transition of this subdistrict from original single-family to predominantly multi-family use, on the original small lots of this area. The revised zone will allow this transitioning to continue in character with the prevailing small-lot, small-scale type of neighborhood. The broadened duplex allowance somewhat increases the expected residential build-out potential of this neighborhood. (See Appendix E for assumptions and projected build-out.) Development under the D-R11 Zone may take advantage of the various citywide affordable housing incentives noted below.
G. 
Residential West Subdistrict
With a few exceptions, most notably Pacific View School, the Residential West subdistrict is zoned D-R15 and D-R25, allowing up to 15 and 25 dwellings per acre respectively. For the most part these zones carry over the citywide R-15 and R-25 zoning provisions, allowing attached multi-family development. The calculated residential build-out potential of this area has not changed over previous zoning. Development here may take advantage of the various citywide affordable housing incentives (paragraph H below).
H. 
Citywide Housing Programs
Through the City's Housing Element a number of programs are established which are basically incentives for residential developers to provide affordable housing. These include: consideration of accessory apartments, density bonus provisions, allowance for development of emergency and transitional shelter projects, application of federal housing voucher and similar support programs, affordable housing rehabilitation programs, etc. All of the housing programs of the Housing Element continue to be applicable to properties under the jurisdiction of this specific plan.
The build-out potential of the downtown Encinitas area has been projected based on realistic development assumptions. Details are provided in Appendix E. It is possible to compare the area's residential building potential under the specific plan, to the potential which applied under previous zoning, as well as to existing conditions.
The maximum residential potential under the specific plan is calculated to be a total of 1500 units at buildout. This compares to a total of 908 existing units in 1990, and a potential 971 units had previous zoning gone to buildout. Obviously, the allowance for residential use under the mixed-use zones makes a considerable difference. Four hundred and seventy-eight dwellings are potentially available under the various mixed-use zones, including stand-alone residential and mixed residential-commercial development. None of these were available under previous zoning buildout, given commercial zones without any residential allowance. The D-R11 Zone under the specific plan is projected for a potential 292 units at buildout, compared to 227 units under the previous R-11 Zone. The difference here is due to the broadened duplex allowance.
As noted above, while affordable housing is not mandated in this development potential, market forces are expected to apply such that this development can be affordable. As such, adoption of the specific plan helps address the obligation of the City (Calif. Gov. Code Sec. 65583) to provide adequate sites for housing opportunities for income categories of households with identified need.