Encinitas Municipal Code § 10.1 Specific Plan Administration

The North 101 Corridor Specific Plan provides implementation guidelines for land use and development quality. The purpose of this section is to describe the procedures required for the timely implementation of development within the specific plan area.

A few documents have been prepared and processed concurrently with the adoption of the North 101 Corridor Specific Plan which include a general plan amendment, local coastal program amendment, zoning map and ordinance amendments, and certification of an environmental impact report (EIR) and addendum. These documents will form the basic frame-work to guide future development within the specific plan area.

Future development within the specific plan area will involve obtaining the necessary development permits for the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance, and any use or extension of the use of land. City review of these permit applications will ensure consistency of the proposed improvements with the design recommendations and development regulations outlined in the specific plan.

The specific plan area shall be developed in accordance with the criteria outlined in this specific plan and accompanying documents and in accordance with other land use and zoning regulations of the City of Encinitas. In cases where discrepancies occur between the specific plan and citywide development standards, the development regulations contained in the North 101 Corridor Specific Plan shall prevail. All development within the specific plan boundary shall be consistent the North 101 Corridor Specific Plan. The development procedures are as follows:

A. Development Applications (except Design Review)

Development applications shall be processed according to the procedures indicated in Title 30 of the Encinitas Municipal Code.

B. Design Review

Design Review applications shall be processed according to the procedures indicated in Chapter 23.08 of the Encinitas Municipal Code. Also reference Chapter 4 of the specific plan for additional information on applications subject to or exempt from Design Review.

C. Specific Plan Amendments

Amendments to the specific plan shall require a modification to the specific plan and shall be subject to the procedures as indicated in Chapter 30.72 of the Encinitas Municipal Code.

D. Nonconformities

With the adoption of the specific plan, any nonconforming use shall be subject to the provisions as indicated in Chapter 30.76 of the Encinitas Municipal Code. A "nonconforming use" is a use that:

1. Is not within the scope, either expressly or implicitly, of the zoning restrictions set forth in this specific plan that announce the purpose, intent, permissible uses, accessory use and prohibited uses for the zone in which the particular use is located;

2. Did comply with the zoning restrictions contained in the zoning ordinance in effect at the time the use was created as was lawfully created; and

3. Has not been terminated in accordance with the provisions of the specific plan.