Encinitas Municipal Code § 6.11 Interim Use Standards (CA)

It is the intent of the Encinitas Ranch Specific Plan to encourage specific public activities and gatherings in the Green Valley, East Saxony, and West Saxony Planning Areas where such uses may be permitted as interim uses of the land prior to ultimate development.

6.11.1 USES PERMITTED¶

The following uses are shall be permitted in all areas located within the Green Valley, East Saxony, and West Saxony Planning Areas of the Encinitas Ranch Specific Plan as conditioned below.

Use	Green Valley	East Saxony	West Saxony
Art/music festivals	P	Cm	Cm
Carnivals	P	X	Cm
Commercial and public parking lots as a principal use	C	X	C
Cultural and interpretive centers	C	C	C
Educational uses, private	C	C	C
Equestrian uses and facilities, including, but not limited to riding rings, stables, barns, and associated facilities (See Ch. 30.55 , Animal Regulations , in the City's Municipal Code)	P	Cm	Cm
Fairs	P	Cm	Cm
Farmers' market	P	Cm	Cm
Festivals	P	Cm	Cm
Maintenance buildings and facilities including storage for maintenance equipment	P	Cm	Cm
Museums	P	Cm	Cm
Nurseries, horticultural (retail only)	P	Cm	Cm
Noncommercial community association recreation and assembly buildings and facilities	C	C	C
Outdoor flower market and specialty retail promoting the flower industry including but not limited to gift shops, florists and basket shops	P	Cm	Cm
Outdoor retail sales	C	C	C
Outdoor snack stands, outdoor cafes, and accessory facilities, subject to the provisions of Section 6.9 of this zoning ordinance	P	Cm	Cm
Picnic areas, public or private	P	P	P
Public gardens, noncommercial	P	P	P
Roadside sales of agricultural products. Operation of a stand, not to exceed an area of 500 square feet, for the display and sale, by the occupant of the premises, of agricultural products produced on the premises. Agricultural products produced off-site may also be displayed and sold from said stand. Said stand to be located not nearer than 15 feet to any street or highway.	P	P	P
Rodeos	C	X	C
Swap meets	C	X	X

Legend:
P = Permitted by Right
C = Conditional Use Permit (Major Use Permit) Required
Cm = Conditional Use Permit (Minor Use Permit) Required
X = Prohibited

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6.11.2 DURATION OF PERMITTED INTERIM USES¶

Interim uses may be initially permitted to operate for a period of up to two years with the approval of the Director of Community Development, from three to five years with Planning Commission approval. Thereafter, all interim uses shall be reviewed and approved by the Director of Community Development on a yearly basis to extend the operation of the permitted interim use(s) for a period not to exceed one additional year. There is no limit on the number of times that an interim use can be reviewed and the time period extended to allow continued operation of the interim use. In approving requests for determination of time extensions for interim uses, the decision-making authority should consider the following:

A. Whether the interim use in question is still viable.

B. Whether the interim use continues to operate compatibly with adjacent on-site and off-site land uses, especially adjacent residential development.

C. Whether the interim use poses a potential threat to the public's health, safety, or welfare.

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6.11.3 DEVELOPMENT PLAN REQUIREMENT¶

A development plan for all interim uses shall be submitted to the City of Encinitas for review and approval and shall include the following items, as a minimum:

A. Proposed site plan.

B. Proposed site grading and drainage plan.

C. Proposed water and sewer plan.

D. Proposed circulation plan (e.g., ingress and egress, general traffic circulation, off-street parking, etc.).

E. Proposed development standards (e.g., building setbacks, landscaping, refuse collection facilities, screening, etc.).

F. Additional information may be required by the Director of Community Development as appropriate.

In reviewing such an application, the interim nature of the use shall be broadly considered. The requirements of permanent urban improvements (e.g., paved parking, roadway and associated facilities, permanent sewer, etc.) shall be minimized to no more than the level necessary for the public health, safety and welfare, taking into account the duration of any such use and temporary solutions available to the applicant.

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6.11.4 TRANSITION OF INTERIM STRUCTURES TO PERMANENT STRUCTURES¶

All structures or buildings constructed to house or support interim uses shall be removed from the property, demolished, or dismantled once the interim use ceases to exist/operate or once the interim use becomes a permanent use. Permanent uses shall not be permitted to operate in structures or buildings that were originally constructed to house or support interim uses unless the structures or buildings conform to the City of Encinitas Building Code for all permanent structures and buildings, as well as all other applicable City and County codes.

(Reso. 98-17; Ord. 2019-04)

Exceptions & meaning →