Encinitas Municipal Code § 6.9 Commercial Zone ("er-C" Zone)

A. Permitted Uses. The following uses shall be permitted in all Commercial Zones ("ER-C" Zones) in the Encinitas Ranch Specific Plan Area. All uses, except for agriculture-related uses and those exceptions specifically noted below, shall be located within an enclosed building unless authorized by a Minor Use Permit.

Notes:

B. Major Use Permit. The following uses are permitted in "ER-C" Zones, provided a Major Use Permit has been approved pursuant to the Municipal Code.

C. Minor Use Permit. The following uses are permitted in "ER-C" Zones, provided a Minor Use Permit has been granted pursuant to the Municipal Code.

D. Permitted Accessory Uses. Any use that is not specifically listed in Subsections A, B, and C, above, may be considered a permitted accessory use provided that the Director of Community Development finds that the proposed accessory use is substantially the same in character as those listed in the designated subsections. Accessory uses are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to the primary use(s). Such a use is subject to the permit process which governs the category in which it falls.

The following Development Standards shall apply to all Commercial Zones ("ER-C" Zones) within the Encinitas Ranch Specific Plan Area.

A. Height Requirements: Forty-five feet, not to exceed three stories in height, which shall include flagpoles, antennas, towers, and other non-habitable and/or architectural structures. In addition, a maximum of one architectural tower, not to exceed 85 feet in height, shall be permitted in the "ER-C" Zone, subject to Design Review by Planning Commission. This will enable a fly tower to be constructed as part of a community theater facility.

B. Specific Commercial Zone Standards:

Notes:

C. Design Flexibility: To allow for flexibility in building design and variation/offset in the line of exterior building walls, an average setback may be used for front and street side yards, provided the minimum setback for any portion of a building shall be no less than 10 feet. In addition, shared parking and reciprocal parking agreements shall be permitted between adjacent parcels subject to approval by either the Director of Community Development or the Planning Commission.

D. Landscaping Requirements:

1. Required front and street side yards shall be landscaped. This landscaping shall consist predominantly of plant materials except for necessary walks and driveways.

2. Twenty-five feet directly adjacent to the Leucadia Boulevard right-of-way shall be landscaped. The additional 10 feet within the required 35 foot building setback may be used for hardscape and/or vehicular access, circulation, and off-street parking.

3. Whenever off-street parking areas are situated across the street from property in a residential zone, a masonry wall, berm, landscape planting, or combination thereof, with a minimum height of 30 inches shall be erected in the landscaped areas between the required landscape area and the parking area to adequately screen the parking area from the residential properties.

4. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief. Landscaping in parking areas shall include one fifteen (15) gallon tree for every six parking spaces (assumes double-loaded spaces as shown on the illustration below). Trees may be clustered, if desired, subject to Design Review approval.

5. A combination of deciduous and evergreen trees shall be used for site landscaping, but deciduous trees shall be used primarily along southern and western building exposures to reduce summer sun exposure and increase winter sun exposure. Preference should be given along streets and in parking lots to non-deciduous and evergreen trees which produce limited litter.

6. Site landscaping shall include a combination of trees, shrubbery, vines and groundcovers. Drought tolerant plant materials are encouraged for use in Commercial Zones but are not required.

7. All landscaped areas shall be regularly maintained in a healthy and thriving condition free of weeds, trash and debris.

8. Where irrigation is necessary, an automatic irrigation system shall be installed subject to City of Encinitas standards and maintained free of leaks.

9. A minimum of 15% of the site area (exclusive of building footprints), shall be landscaped. This percentage may include perimeter slopes, landscaped easements, hardscaped pedestrian plazas and areas, and landscaped setback areas.

10. Street trees, at lease fifteen-gallons in size, shall be provided at an average of every 50 feet along all street frontages.

11. Varieties of plants chosen for landscaping may be restricted through the development review process to protect or preserve views. All required plantings and irrigation systems shall be maintained in good condition, and wherever necessary, shall be replaced with new materials to ensure continued compliance with required landscaping, irrigation, buffering, and screening requirements.

12. Tree wells in parking areas shall be a minimum size of four feet by four feet.

E. Access and Circulation Requirements. In all Commercial Zones, the following development standards related to access and circulation shall apply:

1. Where feasible, access shall be taken from adjoining collector or local roadways, rather than from a primary arterial or major roadway. Access from El Camino Real and Leucadia Boulevard will require approval by the City Engineer, unless such access conforms with the access points delineated in the approved Land Use Plans for the Encinitas Ranch Specific Plan Area in which case no additional approvals shall be required.

2. Access points to adjoining lots are encouraged and shall be shared wherever feasible.

3. Major access points to centers or groups of parcels sharing a single point of ingress and egress shall be coordinated with openings in existing or planned medians and access points along the opposite side of the roadway.

4. Reciprocal ingress and egress, circulation, and parking arrangements shall be encouraged to facilitate the ease of vehicular movement between adjoining properties without the need to add public street infrastructure or to enter the public street system.

5. Sidewalks or other safe pedestrian walkways shall be located along streets in all commercial areas. A Pedestrian Walkability Plan/Study for the regional commercial center shall be submitted by the applicant of the next development application that exceeds the aggregate commercial square footage of the regional commercial center of 695,000 square feet (excluding the maximum 15,000 square foot community-oriented use). The plan/study should identify the opportunities of and constraints to improving the walkability of the regional commercial center so pedestrians can travel safely and efficiently to their destinations.

F. Off-Street Parking Requirements. Off-street parking requirements in all Commercial Zones shall be required to conform with Section 30.54 of Title 30 of the City of Encinitas Municipal Code and the City Parking Design Manual, except as otherwise amended below.

1. Parking areas adjacent to Leucadia Boulevard shall be partially screened by low earth mounds, landscaping, low decorative walls, lowering the grade of the parking area below the street grade, or a combination of any of these methods.

2. The number of required off-street parking spaces for all retail and commercial uses shall be one space per 200 square feet of enclosed floor area (may contain up to 20% restaurant uses) or portion thereof. A standard parking space shall be defined as a parking space that measures nine feet in width by 18 feet in length.

3. Compact parking spaces may comprise up to 25% of all required parking spaces provided within Commercial Zones. A compact parking space shall be defined as a parking space that measures eight feet in width by 16 feet in length.

4. The Director of Community Development may authorize an adjustment to these standards that is either less or more restrictive based on a site-specific parking study which supports the proposed adjustment in parking spaces and all permitted deviations shall be subject to on-going review and monitoring. In addition, as a condition of approval of any application (i) to build in excess of 708,500 square feet (excluding the maximum 15,000 square foot community-oriented use) with no increased parking, or (ii) that reduces the total number of parking spaces below 3,181 parking spaces, a parking management plan shall be submitted and approved by the Planning Commission prior to building permit issuance. The parking management plan may include measures such as, but not limited to, attendant-operated tandem parking, valet parking and managed employee parking with proposed implementation in the event parking utilization exceeds 90%.

5. Required off-street parking spaces for any development shall be accommodated on the same parcel as the primary use or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site, provided the total number of required parking spaces is provided.

6. Parking lot aisles with two-way traffic shall be provided at a minimum width of 22 feet for parking angles of 0, 30, 45, and 60 degrees. A minimum width of 24 feet for a parking angle of 90 degrees is required.

7. Parking lot aisles with one way traffic shall be provided at the following widths:

8. Bicycle parking shall be provided at one space per 50 required automobile spaces or portion thereof.

9. Motorcycle parking shall be provide at one space for every 50 required automobile spaces or portion thereof.

10. Loading space requirements shall be provided at the following rate for all Commercial Zones; provided that the Director of Community Development has the right to allow deviations from these loading space requirements:

11. The number of loading spaces required may be adjusted to 50% of the required number when such spaces are assigned to serve two or more uses jointly, provided that each use has access to the loading zone without crossing public streets or sidewalks.

12. When only one loading space is required and the total enclosed floor area is less than 6,000 square feet, the horizontal dimensions of the space shall be 8.5 x 19 feet. It shall also have a vertical clearance of at least 10 feet. When more than one loading space is required or the total enclosed floor area is greater than 6,000 square feet, the minimum horizontal dimensions of at least half of the required spaces shall be 12 x 35 feet and have a vertical clearance of at least 14 feet. The balance of the required spaces shall have minimum horizontal dimensions of 8.5 x 19 feet and a vertical clearance of at least 10 feet.

G. Accessory Structures. In the Commercial Zone, the following development standards related to accessory structures shall apply:

1. Accessory structures shall meet all of the setback requirements for main buildings.

2. Architectural features, such as canopies, eaves, steps, balconies, storefront windows, columns, stairways, pedestrian walkways, and similar features may project not more than five feet into any required setback area.

H. Auxiliary Structures/Equipment and Utilities. In all Commercial Zones, the following development standards related to auxiliary structures/equipment and utilities shall apply:

1. All roof appurtenances including, but not limited to air conditioning units and mechanical equipment, shall be shielded and architecturally screened from ground level views from on-site parking areas, adjacent public streets and adjacent properties.

2. All ground-mounted mechanical equipment, including heating and air conditioning units, and trash receptacle areas and adequate areas for collecting and loading recyclable materials, shall be completely screened from surrounding properties by use of a wall, fence, landscaping, or combination thereof, or other acceptable screening devices, or shall be enclosed within a building. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.

3. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with the appropriated screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, where feasible and reasonable, in accordance with City of Encinitas, Public Utilities Commission, and local utility company standards. Transformer, terminal boxes, meter cabinets, pedestal, ducts and other facilities may be placed above ground provided they are screened with landscaping or other appropriate screening devices.

4. Outdoor storage and sales areas shall be entirely enclosed by solid masonry walls not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood, or metal pilasters with wrought iron/tubular metal (e.g., steel, aluminum, etc.) may be used in place of a solid masonry wall if approved during Design Review. This requirement does not apply to temporary outdoor sales areas and car lots.

5. Satellite antenna dishes shall conform with the standards of the Design Review regulations identified in Section 23.08.090 of the City's Municipal Code.

I. Walls and Fences. Walls and fences shall comply with the requirements contained in Section 30.16.010F, Fences and Walls, of the City's Municipal Code. In addition, the following standards shall also apply in all "ER-C" Zones:

1. Walls erected along Leucadia Boulevard and El Camino Real, if constructed to screen views of parking areas in commercial zones from these streets, need not exceed 30 inches in height.

2. Walls used to screen storage or loading docks shall be solid and shall not exceed six feet in height as measured from the highest grade adjacent to the wall.

3. Trash receptacles and adequate areas for collecting and loading recyclable materials enclosed by a six foot high masonry wall with view obscuring gates shall be provided in an acceptable location. The requirement for adequate areas for collecting and loading recyclable materials only applies to developments that utilize trash bins/dumpsters.

J. Truck Wells. Truck wells will be screened with the use of landscaping and/or architectural features.

K. Refuse Collection Areas/Loading Docks. All refuse collection areas and structures and loading docks shall be designed and provided in accordance with the applicable City of Encinitas rules and policies and the following standards:

1. Refuse collection areas and structures shall be conveniently accessible to the buildings they are designed to serve.

2. Loading docks and structures which are used for storage or trash collection shall be screened by landscaping, solid walls, architectural features, or combination thereof, where feasible, in such a manner as not to be visible from a public street or from grade level of any adjacent residential area or open space area. View-obstructing gates to screen trash enclosures shall also be required where trash enclosures are visible from a public street.

L. Recycling Facilities. Recycling facilities shall be provided per Chapter 30.56 of Title 30, Zoning, of the City of Encinitas Code.

M. Lighting. In all Commercial Zones, the following standards relating to lighting shall apply:

1. Lighting placed upon the building shall be architecturally integrated.

2. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. Freestanding lamp posts shall be no taller than 18 feet, provided that lighting in parking lots shall not exceed 32 feet in height. The intensity of light at the edge of any commercially-zoned parcel that abuts residential uses or natural open space shall not exceed 75 foot lamberts from a source of reflected light.

N. Condominium Conversion. In all "ER-C" Zones, the conversion of the project to condominium ownership shall meet all requirements of the zone within the constraints of the existing development.

O. Natural Open Space Buffer. In the Green Valley Planning Area of the Encinitas Ranch Specific Plan only, a minimum 50 foot wide landscape buffer shall be required between the edge of the large western open space area in Green Valley and any commercial/office use which is located directly adjacent to the natural open space area. This buffer shall be landscaped with native and drought tolerant plant materials, as appropriate. In addition, a minimum 42-inch high wall or fence shall be erected on the residential property line boundary. The wall or fence shall be either constructed as a solid masonry wall or as a minimum 18-inch high masonry wall with wrought iron or tubular metal above. The purpose of the wall or fence shall be to minimize human intrusion into the natural open space area, while permitting visibility.

Reso. 98-17; Ord. 2002-02; Ord. 2015-01; Ord. 2017-03; Ord. 2019-04; Ord. 2019-14; list amended 3/18/98 (Reso. 98-17); paragraph amended 8/23/95 (Reso. 95-91) and 9/23/09 (Reso. 09-47)