Encinitas Municipal Code § 8.5 Housing Strategies

The housing "strategies" of the North 101 Corridor Specific Plan are largely the result of the land use planning developed in Chapter 3.0. In creating the desirable land use regulations for the various zones of the plan, an additional benefit has been a net increase in housing potential. Much of this should be relatively "affordable", market-based housing.

There are five distinct commercial mixed use zoning classifications in the North Highway 101 Corridor Specific Plan area. The N-CM-1, N-CM-2, N-CM-3 and N-CRM-1 zones, along the west side of North Highway 101, replace previous commercial-only zoning and the NCRM-2 zone on Vulcan Avenue replaces previous office professional zoning. The N-CM-1, N-CM-2 and N-CM-3 zones provide for stand-alone commercial or commercial and residential uses at a maximum density of 25.0 dwelling units per net acre on the same property or in the same structure, with the intent of providing opportunities for housing and live/work or artisan loft arrangements, while also mitigating the impacts between commercial and residential uses. The N-CRM-1 zone provides for a variety of development opportunities including 1) stand-alone commercial, 2) stand-alone residential at a maximum density of 25.0 dwelling units per net acre; and 3) mixed use at a maximum density of 25.0 dwelling units per net acre. The N-CRM-2 zone provides for the same development opportunities as the NCRM-1 zone except that the maximum density is set at 15.0 dwelling units per net acre.

The purpose of this mixed use allowance is to recognize an appropriate "village residential" component along this activity corridor; to add neighborhood market support for commercial uses along the highway; to allow and encourage the "live-work" situations already characterizing this community; and to absorb excess development potential along the corridor which commercial-only zoning would not be able to fill.

There are no regulations which require mixed use units to be restricted so as to be affordable to lower income households. However, mixed use units are generally expected to be attached units with the size and development characteristics of condominium units. As such, it is expected that these mixed use units can be relatively affordable, market-based units available for home-ownership or rental. Note the parking and other incentives available, below, for guaranteed-affordable units.

The Riveria Mobilehome Park on Vulcan Avenue is zoned N-MHP. The N-MHP zone is intended to provide for mobile home park development and redevelopment, with a maximum density of 15 dwelling units per net acre for new or redeveloped parks greater than 5 acres. The zone is recognized as a unique existing land use, with unique housing issues; this mobilehome park is basically accepted as part of the eclectic coastal community.

The following two strategies also apply to the N-MHP zone.

A. State Requirements

1. Prior to the consideration to approve any project, including a tentative subdivision or parcel map, or to issue any permit to convert all or any portion of any park to another use; and prior to the closure or cessation of use of all or a portion of any park, the project proponent or property owner shall prepare and file with the City a report on the impact of the conversion, closure or cessation of use on park tenants for whom the park is their primary place of residence. This report shall at minimum cover the points required by and is subject to the requirements for distribution, time limits, requests for hearing, and notification requirements specified by Calif. Government Code Secs. 65863.7, 65863.8, and 66427.4. As a condition of any City approval, the City may require the mitigation of any adverse impacts on park tenants of very low, low, or moderate income, including but not limited to reasonable costs of relocation.

2. Prior to the consideration to approve any project or issue any permit to convert, demolish or replace all or any portion of an existing park, the City shall determine if any park units or spaces which would be converted, demolished or replaced are or have been occupied as their primary place of residence by households of very low, low, or moderate income as defined by the City Housing Element. No such project approval or permit issuance shall be granted unless the proposed project provides for the same number of replacement dwelling units, affordable to the same proportion of very low, low, and moderate income households. Exceptions to this replacement requirement as noted in California Government Code Sec. 65590(b) shall apply, subject to a finding by the City that replacement is not feasible.

3. No existing park or portion thereof shall be replaced by a nonresidential use, unless the City finds that no residential use at that location is feasible any longer.

B. Incentive Measures

Aside from this specific plan, adopted policy already obligates the City to address and adopt, as feasible, incentives which would have the result of preserving affordable housing opportunities in mobilehome/trailer parks. This stems primarily from the City's Housing Element, programs IV-e, IV-f and V-c. The nature and extent of such incentives, however, are greatly dependent upon available funding, which is undefined at the time of this plan's adoption. Incentives also should be dependent on the real status of mobilehome/trailer park households; that is, whether park tenants actually use the parks as their primary place of residence and what their income status is. The presumption is made that mobilehomes/trailers which are used only as vacation dwellings or which are occupied by upper income households are not important to preserve as affordable housing resources.

Additional residential development potential is provided for under this specific plan, according to the various zones outlined in Chapter 3.0. For the most part, these zones carry over residential density and development standards which were in place under previous zoning. In some instances residential densities were increased to more closely reflect the density of existing residential development and to provide for additional housing opportunities along Vulcan Avenue. Development here also may take advantage of the various affordable housing incentives noted below.

Under this specific plan, parking requirements for stand-alone residential development are the same as those which apply citywide. Units in mixed-use development, however, are subject to a somewhat simplified parking standard, with no more than two off-street parking spaces required for any dwelling. In addition, as a voluntary incentive, mixed use units which are guaranteed to be affordable to low or very-low income households are allowed a reduced, one-space-per-unit parking requirement.

Through the City's Housing Element and Zoning Ordinance a number of programs are established which are basically incentives for residential developers to provide affordable housing. These include:

All of these programs continue to be applicable to land development and use under this specific plan.