Encinitas Municipal Code Art. 8.0 Implementation

The EI Camino Real Specific Plan (ECRSP) provides a framework for the future of the Specific Plan Area (SPA). Implementation of the standards and guidelines of the ECRSP will occur through subsequent development permits and approvals by the City to ensure any future development is consistent with the ECRSP and other applicable requirements. This chapter describes the processes, procedures, and financing strategies to achieve the visions and goals of the ECRSP. Further, this chapter establishes regulatory procedures that allow flexibility in the SPA to respond to market conditions over the anticipated lifetime of this Plan while ensuring consistency with the purpose and intent of the ECRSP.

(Ord. 2024-08, 9/25/2024)

All incoming development applications for new construction, modifications to existing buildings, and changes in land use or zoning, shall be reviewed for conformance with the City of Encinitas General Plan, the ECRSP, the Zoning Regulations, and all other applicable City policy and regulatory documents. Proposed projects utilizing State housing legislation shall comply with the ECRSP, except when in conflict with the applicable legislation.

The types of projects that are required by law to be consistent with the ECRSP are:

• All buildings, grading, landscaping, or construction projects requiring a permit, with exception to projects listed as exempt in Section 8.4, Exemptions:

• Rezoning; and

• Public Works Projects.

(Ord. 2024-08, 9/25/2024)

The requirements of this chapter shall be administered and enforced by the City of Encinitas Development Services Department, or its successor, and other City departments in the same manner as the provisions of the City of Encinitas Zoning Regulations (Title 30), and in conjunction with the policies contained in this Specific Plan.

The Director of Development Services, or "Director," is responsible for interpretation of the ECRSP, including each of its appendices. The Director is also responsible for determination of Allowable Use for similar or future uses not listed in Table 3-1, Allowed Uses, and for substantial conformance determinations. Substantial conformance means that the proposed development is generally consistent with the ECRSP. The Director should consider the following factors when determining substantial conformance:

• The proposed development is consistent with the vision, intent, and purpose of the ECRSP.

• The proposed development does not alter the intent of the ECRSP as defined by policy and regulatory framework for development, consistent with the goals, policies, standards, and/or other ECRSP provisions.

• The proposed development is consistent with sound planning practices related to the topics included in Section 4.4, Objective Design Standards.

• The proposed development is consistent with the design guidelines provided in the ECRSP.

• The proposed development does not create a potentially significant environmental impact.

(Ord. 2024-08, 9/25/2024)

Exemptions to the ECRSP standards and policies include development applications that:

• Receive exemptions to certain development standards from the State through housing legislation.

• Exemptions listed in Section 23.08.030.B of the Encinitas Municipal Code (EMC) shall be deemed exempt from the City's Design Review Permit process.

• Are outside the Coastal Zone;

• Exemptions listed throughout Public Resources Code, Division 20, California Coastal Act.

(Ord. 2024-08, 9/25/2024)

If any section, text, exhibit, attachment, table, or portion of this Specific Plan is found to be invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and the invalidity of that provision shall not affect the validity of the remaining portions of the ECRSP.

(Ord. 2024-08, 9/25/2024)

Future development within the SPA will be subject to Design Review Permit process and obtaining the necessary development permits for division of a parcel of land into two or more parcels; parcel consolidation; and the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, excavation, landfill, or land disturbance. City review of these permit applications will ensure consistency of the proposed improvements with the design and development standards outlined in the ECRSP, and the City's Local Coastal Program (where applicable).

Section 6.1, Community Benefits, allows applicants to provide additional benefits beyond what is required by the ECRSP. All community benefits shall be reviewed and approved by Development Services and require an on-site inspection and verification of installation prior to issuance of certificate of occupancy.

8.6.1 Design Review Permit

As part of the Design Review Permit process, a project must show general compliance with the ECRSP, or where the ECRSP is silent, the City of Encinitas Objective Design Standards, or the EMC.

Design Review applications shall be processed according to the procedures indicated in Chapter 23.08 (with the exception of Section 23.08.100) of the EMC.

Development applications that cannot show substantial consistency with the ECRSP standards shall not be permitted or must pursue a Specific Plan Amendment (as defined further below in Section 8.7 Specific Plan Amendments).

8.6.2 Appeals Any person wishing to appeal a final determination made under the authority of the ECRSP may file an appeal pursuant to the EMC.

8.6.3 Coastal Commission Appeals The City has a Local Coastal Program (LCP) that was certified by the California Coastal Commission on May 15, 1995. The California Coastal Act provides a project appeal process that allows individuals or organizations to challenge a permit decision made by a local government or a coastal development permit (CDP) issued by the City. Appeals shall be subject to Section 30603 of the California Coastal Act.

8.6.4 California Environmental Quality Act (CEQA) Compliance

The ECRSP Mitigated Negative Declaration (MND) provides a programmatic analysis of the environmental impacts of the policies and standards of the ECRSP. As such, it does not clear future development projects from their obligations to comply with the California Environmental Quality Act (CEQA). Additional technical studies such as greenhouse gas emissions, air quality, transportation, or parking, etc. studies may be required to demonstrate consistency with CEQA requirements.

(Ord. 2024-08, 9/25/2024)

Development applications that are not exempt and cannot show substantial consistency with the ECRSP standards, shall pursue a Specific Plan Amendment. Any amendments to this Specific Plan shall take place in accordance with the process described in this section. Projects within the Coastal Zone are subject to California Coastal Commission review and approval through the Local Coastal Program Amendment process.

Amendments to the ECRSP that require a modification to the ECRSP maps and/or text shall be subject to the procedures as indicated in Chapter 30.72 of the EMC. Specific Plan Amendments to the ECRSP also shall be consistent with vision, goals, and objectives of the ECRSP.

The amendment applicant shall satisfy the following criteria:

A. Demonstrate the proposed amendment meets the vision, goals, and objectives of the ECRSP and General Plan and provisions of the EMC, except as otherwise superseded by the ECRSP.

B. Ensure that any impacts from the amendment are consistent with the approved Mitigated Negative Declaration; or update any ECRSP technical studies and/or provide additional environmental studies or analysis deemed necessary by the Development Services Director.

C. Provide a revised Specific Plan text and map as necessary.

(Ord. 2024-08, 9/25/2024)

The following is a summary of possible methods for financing the ECRSP improvements described in Section 8.9, Implementation Action Plan. This listing is not intended to exclude any other available funding source.

8.8.1 Special Assessment Districts (1911, 1913, 1915 Act)

California law provides procedures to levy assessments against benefiting properties and issue tax exempt bonds to finance public facilities and infrastructure improvements. Assessment districts, also known as improvement districts, are initiated by the legislative body (e.g., city), subject to majority protest of property owners or registered voters. Assessments are distributed in proportion to the benefits received by each property and represent a lien against property. The assessments are fixed dollar amounts and may be prepaid. Only improvements with property specific benefits (e.g., roads, and sewer and water improvements) may be financed with assessments.

8.8.2 Area of Benefit Fees

Area of Benefit fees may be enacted by the City Council through adoption of an ordinance, without voter approval. The fee must be directly related to the benefit received. It does not create a lien against property but must be paid in full as a condition of approval. Its principal use is for encumbering properties that do not voluntarily enter into an assessment of a Community Facilities District (CFD), so that they pay their fair share at the time the site is ready to be developed. Proceeds may be used to reimburse property owners who pay up-front costs for facilities benefiting other properties. Benefiting properties may be given the option to finance the fees by entering into an assessment district (1913/1911 Act).

8.8.3 Mello-Roos Community Facilities Districts

The Mello-Roos Community Facilities Act of 1982 allows for the creation of special districts authorized to levy a special tax and issue tax exempt bonds to finance public facilities and services. A CFD may be initiated by the legislative body or by property owner petition and must be approved by a 2/3 majority of either property owners or registered voters (if there are more than 12 registered voters living in the area).

Taxes are collected annually with property taxes and may be prepaid if prepayment provisions are specified in the tax formula. The levy creates a tax lien against the property. There is no requirement that the tax be apportioned on the basis of benefit. Because there is no requirement to show special benefit, Mello-Roos levies may be used to fund improvements of general benefit, such as fire and police facilities, libraries, and parks, as well as improvements that benefit specific properties. The provision also allows for the reallocation of cost burdens to alleviate untenable burdens on specific properties.

8.8.4 Landscaping and Lighting Districts

Landscaping and Lighting Districts (LLD) may be used for installation, maintenance, and servicing of landscaping and lighting, through annual assessments on benefiting properties. LLD's also may provide for construction and maintenance of appurtenant features, including curbs, gutters, walls, pathways or paving, and irrigation or drainage facilities. They may also be used to fund and maintain parks above normal park standards maintained from general fund revenues.

8.8.5 Development Impact Mitigation Fees

The City collects a variety of fees from new development to provide for infrastructure improvements required due to the increased demand caused by development. While impact fees may not be assessed to address existing deficiencies, fees collected from new development may be used to build new facilities or upgrade existing facilities that will serve the new development. The City collects fees that help fund parks, fire and medical emergencies, police, a public library, a senior citizen center, public works, drainage, and traffic improvements.

8.8.6 Community Grant Program

The Community Grant Program, which receives an annual General Fund allocation from the City of Encinitas, funds programs and projects across the City in two categories: 1) Civic - social, recreation, education, health, and environment; and 2) Arts - visual art, performing arts, arts education, literary arts, etc. Requests for funding from nonprofit organizations in the community are made on an annual basis.

8.8.7 Facade Improvement Grant Program The City of Encinitas could establish a Facade Improvement Grant Program tailored to the SPA. The program could assist businesses and property owners with creating attractive and inviting storefronts and exteriors of businesses along the El Camino Real Corridor and help support investment and improvement in properties within the SPA. The City of Encinitas has Facade Improvement Grant Programs to utilize for the following as eligible improvements:

• Exterior signs;

• Awnings;

• Canopies and sunshades;

• Painting or exterior surface treatment(s);

• Asphalt paving, replacement or repair of tiles or decorative pavers, and sidewalk or courtyard repaving;

• Repair or replacement of masonry walls or footings;

• Outdoor lighting;

• Installation, repair, or replacement of decorative or security fencing;

• Replacement of plate glass windows and window features; and

• Installation of outdoor landscaping features.

8.8.8 SDG&E Undergrounding Funds Utility companies are required to budget funds each year for undergrounding. These budgets are approved by the Public Utilities Commission and assigned to specific projects in each area based on priorities developed by local government.

8.8.9 Surface Transportation Program Funds The passage of the Intermodal Surface Transportation Efficiency Act of 1991 provides Surface Transformation Program (STP) funds to strengthen the national transportation system through "enhancement" projects. Transportation enhancement activities include pedestrian and bicycle facilities, acquisition of scenic and historic sites, scenic and historic highway programs, landscaping, rehabilitation of historic transportation facilities, preservation of abandoned transportation corridors, archeological planning and research, control and removal of outdoor advertising, and mitigation of water quality impacts from roadway runoff. Funding can be obtained through San Diego Association of Governments (SANDAG) on a regional basis and also directly through the State.

8.8.10 Other Funding Sources There may be other sources available to finance improvement projects such as developer funding strategies, special assessment districts, community facilities districts, government grants, or various types of bonds not listed above that may be used to fund improvements.

(Ord. 2024-08, 9/25/2024)

The following matrix lists the implementation actions and programs necessary to achieve the vision for the ECRSP. The list of actions in Table 8-1, Implementation Action Plan, identifies the timeframe in which the implementation action should be implemented as well as distinguishes the responsible party, department, or agency for implementation of each action. The timing of actions may fluctuate depending on ECRSP adoption, market demands, and funding availability.

The timeframes included in Table 8-1 are broken into "Short-Term," "Mid-Term," and "Long-Term." Short-Term actions should occur within three years of ECRSP certification. Mid-Term actions should occur within five years of ECRSP certification. Long-Term actions should occur within 10 years of ECRSP certification.

Table 8-1: Implementation Action Plan

(Ord. 2024-08, 9/25/2024)

Encinitas Ranch Specific Plan