Encinitas Municipal Code Art. 3.0 Land Use and Development Regulations

The framework established in the Land Use and Development Regulations chapter will allow for the realization of the community vision, goals, and objectives identified in Chapter 2. This chapter sets forth the allowed, conditionally allowed, and prohibited uses within the existing land use designations in the El Camino Real Specific Plan Area (SPA). This chapter also sets forth the development standards for any new development or redevelopment within the SPA including residential or mixed-use projects as allowed per State housing legislation. The ECRSP implements the underlying zoning and land use designations and does not include any intensification to land uses.

The requirements of this chapter supersede the requirements of the Zoning Regulations of the City of Encinitas Municipal Code (EMC) (Title 30). If there is a conflict between the regulations provided in the Zoning Regulations and this Specific Plan, the regulations provided in the Specific Plan shall prevail. Where direction is not provided in this Specific Plan; the provisions of the EMC shall prevail. The existing Housing Element site (06-Armstrong a. and b.) and any future Housing Element sites may develop pursuant to the R-30 Residential Overlay zone. Housing Element sites may be developed as 100% residential as permitted by the Housing Element.

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

The El Camino Real Specific Plan (ECRSP) Land Use Map, Figure 3-1, shows the existing General Plan Land Uses and R-30 Overlay within the Specific Plan boundary.

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

Table 3-1, Allowed Uses, establishes which land uses are permitted by right or by conditional use permit within the SPA. The allowable uses are separated by the underlying zones: General Commercial/Commercial (ERSP), Office Professional, and Public/Semi-Public zones. A land use permitted by right requires approval by the Development Services Director whereas a conditional use permit requires approval by the Planning Commission.

A use not expressly listed is typically considered prohibited within the SPA. However, in the event a proposed use is not specifically listed as allowed under a zone but is similar in scope and character to a use that is listed, or a new use that evolves over time, a determination of allowable use may be requested as allowed per EMC Section 30.01.030. The decision would be based on if the proposed use is substantially similar in character and intensity of development intended for the SPA and is consistent with the goals, objectives, and vision of the ECRSP.

To improve the multi-modal network and transit options within the SPA, a future micro-transit or local shuttle service is encouraged and permitted in all zones. This includes all future transit service facilities and vehicle parking throughout the SPA.

Table 3-1 Legend:

Table 3-1: Allowed Uses

Footnotes:

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

The following development standards shall apply to all development proposals within the ECRSP, including all building additions, remodels, and residential and mixed-use development proposed under State housing legislation, except where in conflict with the applicable legislation. For development standards not listed in this section, please refer to the applicable Zoning Regulations in the EMC.

The SPA is made up of dozens of parcels of varying sizes. Development standards are categorized by gross parcel size recognizing that it may be financially infeasible to meet such development standards on smaller parcels.

3.4.1 Floor Area Ratio and Building Height Projects shall comply with the allowable intensity standards contained within Table 3-2, Floor Area Ratio and Building Height.

Floor area ratio (FAR) is used as a measure of development intensity. FAR expresses the intensity of use on the lot. The FAR represents the ratio between the total gross floor area of all buildings on a lot and the total gross lot area, both expressed in square feet. Exclusions to FAR are established in Section 30.20.010.C.7 of the EMC.

Table 3-2: Floor Area Ratio and Building Height

3.4.2 Setbacks

Development shall comply with the setback standards contained in Table 3-3, Development Standards. For development occurring adjacent to existing residential land uses, see additional standards in Section 3.4.4, Neighborhood Adjacency Standards.

3.4.3 Stepbacks

Stepbacks are a design mechanism to break up the vertical mass of buildings and distinguish between upper and ground floors. Building stepbacks require upper stories of buildings to be stepped back from the ground floor building facades along certain sides of a building. The step back requirements provide a percentage of the building wall plane to be stepped back, as well as minimum depth dimensions of those stepbacks.

A. The stepback requirements included in Table 3-3, Development Standards, apply to only buildings that are two stories or more and:

1. Are adjacent to El Camino Real;

2. Are adjacent to Encinitas Boulevard; or

3. Directly adjacent to residential.

B. Stepback standards shall apply to the building facade facing EI Camino Real, Encinitas Boulevard, or an adjacent residential use. Figure 3-2, Building Stepback Rendering, shows an illustration of what a building along EI Camino Real may look like with stepback and articulation standards applied.

3.4.4 Neighborhood Adjacency Standards

Throughout the community engagement process, community members voiced concern for having appropriate transitions between new development and the existing single-family residential areas adjacent to the SPA. As identified in Figure 3-3, Neighborhood Adjacency, the SPA boundary abuts residential. In some circumstances the single-family residential are buffered with a landscaped slope that is a 40% gradient or greater. However, there are areas where the ECRSP boundary is relatively level with the adjacent residential. The neighborhood adjacency standards were established to ensure that new development provides appropriate and sensitive transitions to existing neighborhoods. See Figure 3-4, Neighborhood Adjacent Setback Buffer Zone for reference.

The ECRSP neighborhood adjacency standards included in Table 3-3, Development Standards, shall be implemented in addition to the following requirements:

1. The respective 20- or 10-foot neighborhood adjacency setback buffer zones shall be landscaped with trees, shrubs, and ground cover.

2. The respective 20- or 10-foot setback buffer zone may include open space and landscaped areas and slopes, including the following: trellises, freestanding and garden walls and fences not exceeding six feet in height, retaining walls, common open space, and pedestrian circulation elements.

3. Trees within the setback buffer zone shall be at least six feet in height at the time of planting and should be spaced approximately 15 to 20 feet on center to create a continuous and effective foliage barrier at maturity, along with medium-sized shrubs and live ground cover.

Table 3-3: Development Standards

3.4.5 Useable Open Space Standards

Useable open space refers to any outdoor area intended for the enjoyment of occupants or public visitors of a building or development. These standards, included in Table 3-4, Minimum Useable Open Space Standards, apply to all projects including commercial, residential, and mixed-use allowed under State housing legislation, except where in conflict with the applicable legislation.

Examples of useable open spaces include, but are not limited to, courtyards, plazas, gardens, parks, terraces, and balconies. Useable open space shall be in the form of common open space or private open space, depending on the parcel size. Useable open space shall comply with the following standards contained in Table 3-4, Minimum Useable Open Space Standards.

Common open space including privately maintained open space must be open and readily accessible to the public. Common open spaces shall be purposefully designed as active or passive recreational facilities. Active common open space refers to areas designed for active recreational activities such as sports, games, and physical exercise. Passive common open space refers to areas designed for more passive activities, such as relaxation, contemplation, and enjoyment of nature. To ensure common open space is best utilized, common open space cannot be broken into more than four separate areas within a development. Common open space is permitted to be located within the side, street side, and rear setback areas.

Private open space is privately maintained and not accessible to the general public. Private open spaces may be offered in the form of an outdoor backyard, patio, balcony, deck, or rooftop terrace. Private open spaces shall have a minimum of 60 square feet with a minimum width of five feet. For residential units on each floor, this open space shall be provided by outdoor decks.

Table 3-4: Minimum Useable Open Space Standards

3.4.6 Parking Standards

Vehicle parking was inventoried as a part of the planning process to assess the utilization of the existing parking lots within the SPA. The study found that weekday evening and night after 5:00 p.m. parking occupancy is much lower across the SPA compared to midday as retail activity typically declines from midday to evening. Office parking demand typically conforms to standard business hours and begins to decline steeply after 5:00 p.m. Similarly, weekend parking demand from midday to evening and night declines significantly throughout the SPA. Midday had the highest levels of parking occupancy.

The specified parking provisions supersede the comprehensive parking regulations set forth in Chapter 30.54 of the EMC. Unless otherwise specified herein or as permitted as per California housing law, the provisions, requirements, and standards of Chapter 30.54 of the EMC 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. 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 SPA.

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 landowners, developers, and/or operators to provide and maintain adequate parking to the minimum requirements set forth herein.

A. General Provisions

1. All required parking shall be off-street and on the same site as the land use it serves, unless otherwise provided by these regulations.

2. Off-street parking for a land use may be provided on an immediately adjacent development site, by a minor use permit pursuant to EMC Section 30.54.050 with a site-specific parking study, and provided the adjacent site is within the SPA; 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.

3. Joint use of parking shared between uses may be approved as provided by Section 30.54.050 of the EMC.

4. 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.

5. 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 in Table 3-5, Parking Ratios; or the number of existing parking spaces on the development site before new development, plus additional spaces as required by the ratios specified in Table 3-5, for the proposed addition or increase in gross floor area.

6. One loading space shall be provided for the first 10,000 square feet of gross floor area or fraction thereof.

7. One additional loading space shall be provided for each additional 20,000 square feet of gross floor area or its fraction greater than 10%.

8. For any change of use in an existing building, not related to an addition to or increase of gross floor area, 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 in Table 3-5; or the maximum number that the development site together with its share of adjacent on-street parking can yield under current parking and site development standards.

B. Bicycle Parking

See Table 3-5, for required bicycle parking requirements for residential and non-residential. Bicycle parking facilities shall:

1. Allow for easy securing and locking of bicycles and provide a minimum of two points of contact to prevent the bicycle from falling or being easily removed;

2. Be provided in publicly visible areas, ideally near pedestrian routes to provide passive surveillance of stored bicycles; and

3. Be within 50 feet of the main entrance, be visible from the street, and be well-lit.

C. Joint Use Parking

Where different uses need parking at different times of the day, there is an opportunity for them to share parking spaces. The total number of parking spaces needed to serve a mixed-use site may be significantly less than the number of stalls that would have to be built if each of the uses had to provide parking on its own. Joint use parking is utilized by two or more uses, considering the variable peak demand times of each use. The ECRSP includes joint use parking standards that may be utilized by applicable development. The ECRSP shared parking standard ensures separate uses have the full amount of parking during their "peak period" for that use.

Joint use parking shall be permitted pursuant to the process identified in EMC Section 30.54.050 except as modified herein where the mix of uses have differing operating hours in terms of peak periods. Joint use parking would be considered as a part of the discretionary review for a project application or through a minor use permit process when not associated with a development project.

D. Schedule of Required Parking

The number of required vehicle parking spaces for any land use or combination of uses shall be no less than pursuant to the ratios included in Table 3-5. For land uses not covered by the following table, the requirements of Section 30.54.030 of the EMC shall apply.

A parking study may be conducted pursuant to EMC Section 30.54.020.K for review and approval by the Development Services Director to provide parking ratios that differ from those listed in Table 3-5.

Table 3-5: Parking Ratios

Footnotes:

3.4.7 Private Storage Space

These standards apply to residential and mixed-use projects allowed under State housing legislation except where in conflict with the applicable legislation. A minimum of 40 square feet of private storage space shall be provided in the form of a lockable, enclosed storage area per unit.

3.4.8 Maximum Average Unit Size

The maximum average size of dwelling units in the project shall not exceed 800 square feet of floor area for rental projects and 900 square feet of floor area for ownership projects. Ownership projects include all projects with a condominium map or where units may be sold individually. For purposes of compliance with this requirement, only floor area within dwelling units shall be used to calculate the average unit size for a project.

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