Encinitas Municipal Code § 3.2 Use and Development Standards

3.2.1 General Provisions¶

The general provisions of Chapter 30.01 of Title 30 of the Encinitas Municipal Code shall apply.

3.2.2 Definitions¶

Except as contained in this Specific Plan, the definitions of Chapter 30.04 of Title 30 of the Encinitas Municipal Code shall apply.

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3.2.3 Urban Agriculture¶

Chapter 30.33 (Urban Agriculture) of Title 30 of the Municipal Code shall be incorporated by reference into the Cardiff-by-the-Sea Specific Plan.

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3.2.4 Reasonable Accommodation¶

Chapter 30.86 (Reasonable Accommodation) of Title 30 of the Municipal Code shall be incorporated by reference into the Cardiff-by-the-Sea Specific Plan.

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3.2.6 Zones and Development Standards¶

Planning Area	Zone Designation*	Zone Designation*
PA 1	C-R-11	Cardiff – Residential 11
PA 1	C-GC-1	Cardiff – General Commercial 1
PA 1	C-OP	Cardiff – Office Professional
PA 2	C-GC-1	Cardiff – General Commercial 1
PA 2	C-GC-2	Cardiff – General Commercial 2
PA 3	C-GC-1	Cardiff – General Commercial 1
PA 3	C-GC-2	Cardiff – General Commercial 2
PA 4	C-GC-1	Cardiff – General Commercial 1
PA 4	C-GC-2	Cardiff – General Commercial 2
PA 4	C-R-11	Cardiff – Residential 11

* A "C" precedes the zone code designations in order to distinguish properties within the Cardiff-by-the-Sea Specific Plan area.

Zone Designation	Zone Designation	Summary Characteristics
C-R-11	Residential-11 du/ac	This zone is intended to provide for residential development including single-family detached and attached housing, and multi-family housing. The planned density is 8.01 to 11 dwelling units per net acre.
C-OP	Office Professional	This zone is intended to provide primarily for the development of professional and administrative offices, with some accessory retail and service uses. Office Element : Permits the development of professional and administrative offices, with some accessory and service uses. Commercial Element : Permits the development of retail commercial uses and services as an element within an office project.
C-GC-1	General Commercial 1	This zone is intended to create a primarily retail commercial district. Commercial Element : Permits the development of retail commercial activities and services as ground floor and/or upper level uses. Office Element : Permits development of professional and administrative offices in a retail property. With the exceptions listed in the Zoning Use Matrix (Table 3-1).
C-GC-2	General Commercial 2	This zone is intended to create a retail commercial and office professional district. Retail commercial and office uses may occupy the same or separate structures. Commercial Element : Permits the development of retail commercial activities and services as ground floor and/or upper level uses. Office Element : Permits the development of professional and administrative offices as ground floor and/or upper level uses.

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3.2.5 Zones and Development Standards¶

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 following sections were established. The development standards are minimum unless otherwise stated.

A. Permitted, Conditionally-Permitted and Prohibited Uses - General

Only those uses listed in Table 3-1 shall be permitted in the zones identified. Uses are designated as permitted, conditionally permitted (a minor or major use permit may be required) or as secondary, ancillary, or accessory to a principal use. Uses are also limited in regard to ground or upper floor location in order to maintain and enhance a pedestrian-oriented environment and economically viable down-town. Table 3-1 also identifies prohibited uses in certain zones. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of the Encinitas Municipal Code. All other uses not listed in Table 3-1 are expressly prohibited. Except however, in the event a use is not specifically permitted within a zone but is similar in character to a use which is listed, a determination of allowable use may be applied for as per Municipal Code Section 30.01.030.

TABLE 3-1 Cardiff-by-the-Sea Specific Plan Area Zoning Matrix - Use Comparison

P = Permitted by Right	P 1 = Permitted on ground floor only	Cm 2 = Upper floor only
C = Major Conditional Use Permit	P 2 = Upper floor only	A = Ancillary (see EMC 30.04)
Cm = Minor Conditional Use Permit	C 2 = Upper floor only	X = Prohibited

Use	ZONE	ZONE	ZONE	ZONE	Notes
Use	C-R-11	C-OP	C-GC-1	C-GC-2	Notes
Acupuncture (Ord. 2015-01)	X	P	P	P
Alcoholic Beverage, Sales-off premises (Ord. 91-03)	X	X	P	X
Antique Sales, Retail	X	X	P*	P*	* Requires Operations Permit per EMC Chapter 6.08
Appliance Sales & Repairs (Household & Small Appliances)	X	X	P	P
Aquarium, Comm.	X	X	P	P
Arcade Accessory (Non-Adult)	X	X	P*	P*	* Requires Operations Permit per EMC Chapter 6.08 . Only when accessory to permitted primary use.
Art Gallery	X	X	P	P
Artisan/Craftsman (Sales & Studio)	X	X	P	P
Auction House	X	X	Cm*	Cm*	* Requires operations permit as per Chapter 6.08
Bakery (Retail)	X	A	P*	P*	* Ancillary wholesaling allowed
Bank/Savings & Loan	X	P	P	P
Barber & Beauty Shop (Cosmetologist)	X	A	P	P
Bed & Breakfast	Cm	X	X	Cm
Bicycle Sales, Rental & Service	X	X	P	P
Billiard, Pool Hall	X	X	P*	X	* Requires Operations Permit per EMC Chapter 6.08
Blueprinting & Photostatting	X	P	P	P
Bookbinding	X	X	P	P
Book Sales	X	P	P	P
Bowling Alley	X	X	P1	X
Building Materials Sales Enclosed	X	X	P*	P*	* Total floor area greater than 20,000 square feet shall require Major Use Permit.
Candle Shop	X	X	P*	P*	* Ancillary manufacturing allowed
Candy & Confectionery Sales	X	X	P*	P	* Ancillary manufacturing allowed
Cannabis - Retailer	X	X	P	P	See Chapter 9.25 of the Municipal Code for specific provisions on cannabis and hemp-related uses.
Catering Service	X	X	P	P
Chiropractor (Ord. 2015-01)	X	P	P	P
Clothing Rental	X	X	P	P
Club, Private	X	C	Cm	C
Club, Athletic or Recreational	X	C	Cm	C
Club, with Alcohol Sales	X	X	C	C
Coins & Stamps, Purchase and Sales	X	X	P	P
Computer Sales & Service	X	X	P	P
Conservatory of Music	X	X	P	P
Convenience Store	X	X	P	P
Convent and Monastery	C	X	X	X
Cosmetic Design Studio	X	A	P	P
Costume Rentals	X	X	P	P
Cottage Food Operations (Ord. 2015-01)	P*	X	X	P*	*Accessory to a residential use per EC 30.48.040L
Courts, Commercial (Badminton, Tennis, Racquetball, Others)	X	C	Cm	Cm
Co-Working Space	X	P	P	P
Custom Manufacturing (Ord. 91-103)	X	X	P	Cm
Day Care Center	Cm	Cm	Cm	Cm
Dance Hall	X	X	P*	P*	* Requires Operations Permit per EMC Chapter 6.08
Delicatessen	X	A	P	P
Dental Clinic	X	P*	P*	P*	*Includes Dental Clinic, Canine/Feline (Ord. 2015-01)
Dressmaking Shop	X	X	P	P
Drug Store	X	X	P*	P*	* Total floor area greater than 20,000 square feet shall require Major Use Permit.
Dry Cleaning, Retail and self-service w/on site cleaning permitted	X	X	P	P
Dwelling Unit, Caretaker-Accessory to the principal use. (Ord. 97-17)	P	X	P2/*	P2/*	Permitted as accessory use in conjunction with a Major or Minor Use Permit. (Ord. 97-17) *Not permitted within coastal zone ecological resource areas
Dwelling Unit(s), One-Family and Multi-Family	P	X	X	X
Education Institution, Private	X	C	C	C
Educational Institution, Public (Ord. 95.04)	X	P	P	P
Electrical Distribution Substation	C	C	C	C
Electrical Transmission Substation	X	C	C	C
Employment Agency	X	P	P	P
Family Day Care Home, Large (Seven to 12 children. 13+ children See Day Care Center)(Ord. 92-28)	P*	P*	P*	P*	*Accessory to a single-family home
Family Day Care Home, Small (Six or fewer children) (Ord. 92-28)	P	P	P	P
Family Day Care Home, Small (Six or fewer children) (Ord. 92-28)
Farmers' Market	X	X	A	A
Finance Company	X	P	P	P
Fire Prevention Equipment, Sales and Service	X	X	P	P
Fire Station	Cm	P	P	P
Floor Covering, Retail	X	X	P	P
Florist Shop	X	A	P	P
Furniture Sales	X	X	P	P
Garage, Public Parking	X	C	C	C
Garden Supplies	X	X	P	P
Gem/Precious Stone Retail	X	X	P	P
Gift Shop	X	X	P	P
Glass and Mirrors, Retail	X	X	P	P
Grocery Store	X	X	P*	P*	* Total floor area greater than 20,000 square feet shall require Major Use Permit.
Glass Edging and Beveling	X	X	P	P
Glass Studio (Stained and others)	X	X	P	P
Group Exercise (including but not limited to dance studio, yoga, martial arts, Pilates or other similar group exercise class) (Ord. 2015-01)	X	Cm	P	P
Group Residential (Ord. 2005-03)	C	X	X	X	See Section 3.5 regarding residential use limitations in this zone.
Gymnasium, Public Health Club	X	Cm	Cm	C
Hair Salon (Ord. 91-03)	X	A	P	P
Hardware Store	X	X	P*	P*	*Total floor area greater than 20,000 square feet shall require Major Use Permit.
Hat Shop	X	X	P	P
Health Food Store	X	X	P*	P*	*Total floor area greater than 20,000 square feet shall require Major Use Permit.
Hobby Supply Shop	X	X	P	P
Home & Business Maintenance Service	X	X	P	P
Home Occupations	P*	X	X	P*	*Accessory to a residential use per EMC 30.48.040 (L)
Hotel	X	X	C	C
Ice Cream Parlor	X	A	P	P
Ice Sales, Storage and Retail	X	X	P	P
Interior Decorating Service	X	P	P	P
Janitorial Supplies/Sale	X	X	P	P
Jewelry Sales	X	X	P	P
Laboratories (medical, dental)	X	P	C	X
Laboratories (biochemical, film, other)	X	X	Cm	Cm
Lapidary Shop, Retail (Gems)	X	X	P	P
Laundry	X	X	P	P
Laundromat	X	X	P	P
Library	C	P	P	P
Locksmith	X	X	P	P
Mail Order House	X	P	P	P
Market (food)	X	X	P*	P*	* Total floor area greater than 20,000 square feet shall require Major Use Permit.
Medical Equipment Sales	X	C	P	P
Medical/Dental Office	X	P	P	P
Medical/Dental Clinic	X	P	P	P
Mobile Home (including dwelling unit)	P	X	X	X
Motel	X	X	C	C	24-hour on-site management required.
Motor Vehicle Parts Store	X	X	P	X
Music/Record Store	X	X	P	P
Museum (Ord. 95-04)	X	Cm	P	P
Newsstand	X	A	P	P
Nurseries, Horticultural	X	Cm	Cm	X
Office (Business and Professional)	X	P	P2	P
Office Equipment/Supplies Sales	X	X	P	P
Optical Products Sales	X	P	P	P
Orthopedic Devices Sales	X	P	P	P
Outdoor Sales (Ord. 91-03)	X	X	Cm	Cm
Paper Product Sales	X	X	P	P
Parcel Delivery Service Office Only	X	P	P	P
Parking Lot, Commercial	X	C	C	C	*Amended Ord. 90-12
Parks and Recreational Areas (Ord. 95-04)	X	Cm	Cm	Cm
Pawnshop	X	X	Cm*	X	* Requires Operations Permit per EMC Chapter 6.08
Pet Shop/Pet Grooming	X	X	P	P
Pharmacy	X	Cm	P	P
Photocopy Shop	X	A	P	P
Photoengraving & Finishing	X	X	P	P
Photofinishing, Retail	X	X	P	P
Photographic Supplies	X	X	P	P
Photographic Studio	X	P	P	P
Police/Sheriff Station/Jail	X	C	C	C
Post Office	X	P	P	P
Postal Annex, Private Ownership	X	P	P	P
Pottery Sales	X	X	P	P
Printing	X	P	P	P
Public Utilities: Office	X	P	P2	P
Qualified Employee Housing – Seven Employees or More	P*	X	X	X	*Permitted as an accessory use in conjunction with an approved agricultural use. See EMC Section 30.48.040R for specific requirements
Qualified Employee Housing – Six Employees or Fewer	P*	X	X	X	*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.
Radio/Television Broadcasting Studio	X	C	C	C
Radio/Television Sales	X	X	P	P
Radio/Television Transmitter	X	C	C	C
Real Estate Office	X	P	P	P
Recording Studio	X	Cm	Cm	Cm
Recreational Facilities (Private / Public)	X	C	Cm	Cm
Religious Institution	C	C	C	C
Residential Care, limited (6 or fewer)	P	X	X	X
Residential Case, general (7 or more)	C	X	X	X
Restaurant – No Alcohol Sales. (Ord. 97-17)	X	P/*	P/*	P/*	Permitted as an accessory use up to 10% of leasable sq. ft. of an office development, not to exceed 1,500 sq. ft. unless approved by a Minor Use Permit. * Outdoor dining permitted with Design Review Permit.
Restaurant - With Alcohol Sales. (Ord. 97-17)	X	Cm/*	Cm**	Cm**	Conditionally permitted as an accessory use up to 10% of leasable sq. ft. of an office development, not to exceed 1,500 sq. ft. unless approved by a Minor Use Permit. *Outdoor dining permitted on private property with Design Review Permit. On public right-of-way, see "Sidewalk Dining."
Retail Sales	X	X	P	P
Schools Private: (Elem., Jr. High, H.S.)	X	C	C	C
Schools Public (Ord. 95-04)	X	P	P	P
Schools, Technical	X	C	C	C
Scientific Instruments Sales	X	C	P	P
Second Hand Store	X	X	P*	P*	* Requires Operations Permit per EMC Chapter 6.08
Shoe Repair/Sales	X	X	P	P
Sidewalk Dining	X	X	P*	P*	* Encroachment Permit required, no alcohol permitted.
Silk Screen Printing Shop	X	X	P	P
Sign Shop	X	X	P	P
Single Room Occupancy Housing	P*	X	X	X	* 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 per EMC Section 30.16.050 .
Small Animal Hospital	X	X	Cm	Cm
Sporting Goods Sales	X	X	P*	P*	* Total floor area greater than 20,000 square feet shall require a Major Use Permit
Stationery Store	X	A	P	P
Supportive Housing	P*	X	X	X	*Supportive Housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
Surf Shop Recreational Retail/Rental	X	X	P	P	Incidental repair with Cm
Swimming Pool Supplies/Equipment Sales	X	X	P	P
Tailor Shop	X	X	P	P
Telephone Answering Service	X	P	P	P
Theaters and Places of Public Assembly (Ord. 95-04)	X	X	C	X
Title Sales	X	X	P	P
Transient Habitation (Ord. 91.03)	X	X	C	C	24-hour on-site management required.
Transitional Housing	P*	X	X	X	*Transitional Housing is a residential use and is subject to only those restrictions that apply to other residential uses of the same type in the same zone.
Tutoring Center (Ord. 2015-01)	X	Cm	Cm	Cm
Utility Lines-Sewer, Gas, Petroleum, Telephone, Elec.	P	P	P	P
Vending Machine Sales and Service	X	X	P	P
Veterinarian	X	Cm	P	P
Video Production Studio	X	Cm	Cm	Cm
Video Sales & Rentals	X	X	P	P
Wearing Apparel Shop	X	X	P	P
Wholesale Business	X	X	Cm	Cm
Wine Bar	X	X	Cm	Cm
Wireless Communication Facilities	C*	P/C*	P/C*	P/C*	*See EMC Chapter 9.70 for specific requirements
Wood Prod. Sales Retail	X	X	P	P

(Ord. 2016-08; Ord. 2017-03; Ord. 2019-14; Ord. 2019-15; Ord. 2019-16; Ord. 2021-04)

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