Encinitas Municipal Code § 9.3 Specific Plan Administration

9.3.1 PURPOSE¶

The Encinitas Ranch 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 Encinitas Ranch Specific Plan including a General Plan Amendment, Zoning Ordinance, and certification of an Environmental Impact Report (EIR). These documents will form the basic framework to guide future development within the Specific Plan Area.

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9.3.2 PROCESSING AND REVIEW¶

Future development within the Encinitas Ranch 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. The above list of activities requiring development permits is not comprehensive and is subject to change at the discretion of the City and the various governmental and quasi-governmental agencies. City review of these permit applications will insure consistency of the proposed improvements with the design guidelines 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 City-wide development standards, the development regulations contained in the Encinitas Ranch Specific Plan shall prevail. All development within the Specific Plan boundary shall be consistent with the Encinitas Ranch Specific Plan. The development procedures are as follows:

▪	DEVELOPMENT APPLICATIONS (EXCEPT DESIGN REVIEW)	DEVELOPMENT APPLICATIONS (EXCEPT DESIGN REVIEW)
	Development applications shall be processed according to the procedures indicated in Title 30 of the City's Municipal Code.
▪	DESIGN REVIEW	DESIGN REVIEW
	Design Review applications shall be processed according to the procedures indicated in Chapter 23.08 of the City's Municipal Code. Also reference Sections 7.1 through 7.4 of this Specific Plan for additional information on applications subject to or exempt from Design Review.
▪	SPECIFIC PLAN AMENDMENTS	SPECIFIC PLAN AMENDMENTS
	Amendments to the Specific Plan shall require a modification to the Specific Plan Map and shall be subject to the procedures as indicated in Chapter 30.72 of the City's Municipal Code. Amendments to the Specific Plan also shall be consistent with applicable policies in the City's General Plan.
▪	NON-CONFORMITIES	NON-CONFORMITIES
	A "non-conforming use" is a use that:	A "non-conforming use" is a use that:
	•	Is not within the scope, either expressly or implicitly, of the land use regulations set forth in this Specific Plan that announces the purpose, intent, permissible uses, accessory use and prohibited use for the zone in which the particular use is located.
	•	Complied with the zoning restrictions contained in the zoning ordinance in effect at the time the use was created and was lawfully created, but does not comply with the zoning enacted by this Specific Plan.
	•	Has not been terminated in accordance with the provisions of the Encinitas Ranch Specific Plan.
	With the adoption of the Encinitas Ranch Specific Plan, any non-conforming use shall be subject to the provisions as indicated in Chapter 30.76 of the City's Municipal Code.
▪	LOCAL COASTAL PROGRAM PERMIT	LOCAL COASTAL PROGRAM PERMIT
	The Encinitas Ranch Specific Plan is located within the State of California's coastal zone. Therefore, future development in Encinitas Ranch will require a coastal development permit from the appropriate permitting agency.
▪	STATE AND FEDERAL PERMITS	STATE AND FEDERAL PERMITS
	Prior to development, a variety of state and federal permits and approvals shall be required. Project approvals will be necessary from the Army Corps of Engineers (404 permit/Section 26 permit) and the U.S. Fish & Wildlife Service (1603 permit). In addition, because coastal sage scrub habitat occurs on the project site, coordination during the tentative map/project development stages will be required with the California Department of Fish & Game and the U.S. Fish & Wildlife Service regarding a Multiple Habitat Conservation Plan and the Natural Communities Conservation Plan. Other state and federal permits and approvals for future development may also be necessary.

Paragraph amended 3/18/98 (Reso. 98-17)

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