Encinitas Municipal Code Title DESP Downtown Encinitas Specific Plan

1. All new building, landscaping, exterior alterations or construction projects, whether they require any other City permit or not, are subject to design review unless exempted by the next section, Section 4.3 Exemptions from Design Review. It is important to note that these recommendations do not affect existing buildings which are not proposed for new construction, landscaping, or exterior alterations.

2. Unless otherwise provided herein, the provisions of this chapter supersede the provisions of Title 23, Section 23.08 of the Municipal Code for application to the area designated as the Downtown Encinitas Specific Plan. Objective "Standards" included in the City's Design Standards and Guidelines shall apply to all residential development and mixed-use residential development. Where conflicts in objective standards occur, the objective design standards specified in this chapter shall supersede and apply. The Design Guidelines contained in the City's Design Standards and Guidelines are superseded by the design recommendations contained in this chapter. Where the Specific Plan is silent, the City's Design Guidelines shall apply. Limitations to uses and approvals required under use regulations, Chapter 3.0 of this specific plan, are not affected by this Design Review exemption.

3. The following sections of the Encinitas Municipal Code apply to the process of design review for properties within the area designated as the Downtown Encinitas Specific Plan area: 23.08.020, Prohibitions; 23.08.040, Authority to Grant Permits; 23.08.050, Notice; 23.08.060, Procedure; 23.08.070, Final Determination; 23.08.072, Regulatory Conclusions – Generally; and 23.08.100, Standards and Guidelines.

When in compliance with all other City ordinances, regulations, and provisions of this Specific Plan, the following projects are exempted from all provisions of Design Review. Limitations to uses and approvals required under use regulations, Chapter 3.0 of this specific plan, are not affected by this Design Review exemption.

1. Walls and fences of 6 feet or less in height.

2. Construction underground, which will not leave any significant, permanent marks on the surface after completion. Utility boxes, pipes, and poles shall be considered "significant permanent marks". Street furniture shall be exempt unless, part of a development proposal (i.e. sidewalk cafe) or City streetscape project requiring discretionary approval.

3. Maintenance work on buildings, landscaping or grounds which does not significantly alter the appearance or function of the building, landscaping, or grounds.

4. Minor exterior alterations to buildings which do not result in an increase in floor area and are substantially consistent with the existing building design and character per the determination of the Director of Community Development.

5. Change of message/copy on existing signs. This shall not include substantial reconstruction of existing nonconforming signs.

6. Interior remodeling work.

7. The construction or landscaping of one single-family detached dwelling or an addition or accessory structure to a single family detached dwelling.

8. Landscape maintenance and upkeep, including relatively minor replacement of plants.

9. Private residential, accessory swimming pools, spas, patio covers, lath houses, decks, and balconies provided that zoning and specific plan standards are met.

10. Temporary facilities as defined in the Uniform Building Code.

11. Exterior repainting, providing color palette is consistent with Specific Plan Design Recommendations.

12. Roof maintenance and repair. Roof Reconstruction or use of different materials is subject to design review as determined by the Director of Community Development.

13. Any person aggrieved by a final determination made under the authority of this Chapter may seek review by the Arbitration Committee or file an appeal with the next higher authority pursuant to Chapter 1.12 of the Encinitas Municipal Code.

14. A final determination by the Director of Community Development or the Planning Commission may be appealed only to the City Council.

4.6.1 Architectural Considerations

1. New residential development (two or more units) in existing neighborhoods should incorporate architectural characteristics which will maintain the scale of existing structures on the property and surrounding neighborhood, for example; window and door detailing, facade decoration, materials, color, roof style and pitch, porches, and the like.

2. Changes in plane and height, and the inclusion of elements such as balconies, porches, arcades, dormers, and cross gables mitigate the barracks like quality of flat walls and roofs, and of excessive length, which are often negative characteristics of multiple family projects.

3. The incorporation of balconies, porches, and patios within the building form is encouraged for both practical and aesthetic value. These elements should be integrated to break up large wall masses, offset floor setbacks, and add human scale to buildings.

4. Due to the existing context of full roofs on residential structures in the Downtown, hipped or gabled roofs covering the entire building are preferable to mansard roofs or segments of pitched roofs applied at the building's edge.

5. Wall planes should not run in one continuous direction for more than 20 feet without a change of at least 3 feet. Where this is accomplished by the use of a building projection, such projection should be minimum of 6 feet wide.

6. Projects should be broken up into groups of structures with each structure ranging approximately from 4 to 8 units.

7. When an existing single family unit is to remain on the site where new multiple family units are to be constructed, the existing unit should be upgraded to be compatible with the new units.

8. The composition of materials should avoid giving the impression of thinness and artificiality. Veneers should turn corners, avoiding exposed edges.

9. If concrete block is used it should receive a finish coat of stucco.

10. Carports, detached garages, and accessory structures should be designed as an integral part of the overall project. They should be similar in materials, color, and detail to the principal buildings of a development.

11. If carports are permitted to utilize flat roofs, the roofs should not project above any exterior walls adjacent to streets. Prefabricated metal carports are discouraged.

12. All mechanical equipment whether mounted on the roof or ground should be screened from view. Screen walls should be architecturally integrated with structures.

13. Major design orientation (front pedestrian entry, window openings) should be provided out onto front and side streets frontages.

14. Front porches are encouraged.

15. Residential development should provide a street/sidewalk appearance dominated by well-designed dwellings and landscaping. It is strongly emphasized that garages should not predominate the primary front facade. Under this specific plan's development standards, alley access for parking is to be used when alleys are present. This should automatically avoid front facades being dominated by garages or carports. When auto access from the street must be allowed, the front plane of garages or carports should be further back from primary street frontage than the front plane of the dwelling structures, and as far back on the site as possible.

4.6.2 Site Design Considerations

1. New multiple family developments should be designed to continue desirable site layout relationships between original structure(s) on a development site and the surrounding neighborhood. Access to parking should be taken from an adjacent alley whenever possible.

2. Because multiple family projects are usually taller than one story, their bulk can impose on surrounding uses. The height of such projects should be considered within the context of their surroundings. Buildings with greater height may require additional setbacks at the second story so as not to impose on adjacent single story uses.

3. Parking/garages: Access to parking and/or garages should be from alleys when available. Side street and front street access is less desirable and will be reviewed on a case-by-case basis.

Parking areas, covered carports, and enclosed garages should be set back further from the front property line than the primary wall facade of the primary residential structure on a development site. All parking/garages are preferred at the rear of the site.

4.6.3 Security Considerations

1. The most common security problems for multiple family projects are:

2. Both public and private spaces should be appropriately delineated with paving, building materials or grade separation, or with physical barriers such as landscaping, fences, walls, screens, or building enclosures. By defining spaces outside living units or groups of living units, residents will be more inclined to notice any unusual activity or intrusion.

3. Entrances for both automobiles and pedestrians should be marked with gates and lights. By defining and controlling access points to the building, unauthorized intruders will be deterred.

4. It is important that all entrances to a site be designed to be easily visible from a public street or alleyway. It is also essential that interior and exterior access points and corridors are well lit provided that such lighting is shielded and directed so as to be unobtrusive.

5. Private open spaces for individual dwellings (patios, balconies or courts) should not be required to be visible from other residential units. But common open spaces, courtyards, circulation corridors and balconies, and individual living unit entrances should be visible from a majority of the living units. The units should also allow easy surveillance from within the living units.

6. Consideration should be given to avoiding obscured spaces where intruders might hide in the design of all new multiple family projects without compromising principals of good architectural and site design.

7. Lighting for pedestrian walkways should be maintained at 0.5 footcandles for average areas such as through common areas, and at 0.8 footcandles for security areas such as at site entrances and walk-ways from parking areas.

8. In larger complexes, living units should be clustered in small groups of 4 to 8 units. This will help establish an active social network between residents and will reinforce the sense of territoriality in each cluster of units.

9. Garages or security gates should be provided for parking areas, where feasible.

4.6.4 Screening Of Storage and Equipment Areas

Outdoor storage and trash areas present a negative visual experience, especially in residential areas, and should be concealed from public view to the greatest degree possible.

1. Any exterior storage or trash area should be confined to portions of the site least visible to public view.

2. Screening should consist of a combination of solid screening materials and landscaping. Permanent chain-link fencing with slatting is not recommended.

3. Any equipment, whether on the roof, side of building, or ground, should be screened. The method of screening should be architecturally integrated with the building in terms of materials, color, shape, and size.

4. Where individual equipment is provided reasonably close together, a continuous screen is desirable as opposed to a number of individual screens.

The preparation of this document is called for by the City's General Plan in recognition of the Downtown Encinitas area's unique character, needs, and opportunities. All components and requirements as specified in the General Plan have been addressed in this document which is made up of six major sections: Summary, Community Participation, Use and Development Regulations, Design Recommendations, General Plan and Coastal Act Compliance, and Implementation.

The Downtown Encinitas planning area consists of approximately 198.6 net acres located within the community of Old Encinitas (Figure 1). The planning area is bounded by the Pacific Ocean on the west, B Street on the north, Cornish Drive on the east, and K Street on the south. This specific plan area defines most of the original Encinitas community, a historic beach-oriented settlement along the northern San Diego County coastline (Figure 2).

A. Planning Background

From the early 1800's until the completion of Interstate 5 in the late 1960s, Encinitas evolved into a unique beach-town community with a small town atmosphere and picturesque setting. With easy access to a major freeway, the area experienced tremendous growth that has continued to the present day. Accompanying this increase in prosperity, however, came the pressures and impacts of growth. The older, established communities of Encinitas are now experiencing transition, redevelopment and redefinition of use and community function.

In 1986, Encinitas incorporated forming five diverse and unique communities: Cardiff, Leucadia, New Encinitas, Old Encinitas, and Olivenhain. The City's General Plan was adopted in 1989, which called for the preparation and implementation of this specific plan as part of the City's long-term land-use and development strategy.

The purpose of the specific plan is to treat the unique aspects, problems, and opportunities of the Downtown Encinitas area; to maintain its identity, community character, and scale, while fostering rehabilitation and successful economic restructuring.

B. Land Use

The primary goals of this specific plan are, to maintain the unique and desirable aspects of character of the planning area and subdistricts, while providing continued private land use and investment, public improvements, and the economic success of each commercial district. In order to achieve these goals, the specific plan applies custom-tailored use and development regulations for distinct subdistricts, as described in Section 3.2.

The following summarizes the land use differences between previous zoning, and zoning applied under this specific plan (see Tables 1 and 2).

1. Residential

Previous Conditions

Previous residential zoning within the specific plan area totaled approximately 56.5 acres, consisting of 0.4 acres of Residential 8, 17.6 acres of Residential 11, 28.8 acres of Residential 15, and 9.7 acres of Residential 25 as shown in Table 1.

Specific Plan

The number of acres under residential-only zones remains nearly the same as under previous zoning (see Table 2). However, the specific plan expands commercial zones in some subdistricts to include residential uses. These "mixed use" zones include residential as a secondary use in conjunction with commercial, or in some cases, allow stand-alone residential development. Certain limitations have been placed on the total amount of residential that can be developed in these zones, discussed in detail in Section 3.2.

In the First Street Corridor Subdistrict, previously zoned general commercial, residential is allowed as a secondary use in conjunction with a commercial use. The Second Street Corridor Subdistrict, also previously zoned general commercial, is expanded to allow properties to develop as commercial, residential, office professional, or a mix of commercial or office professional with residential as a secondary use. Residential, as a secondary use, also is included in the Cozen's Site Subdistrict.

Within the Residential West Subdistrict, zoning on the east side of Third Street between E and F Streets now allows property to develop as stand-alone residential, or residential as a secondary use in conjunction with office professional. The Residential East Subdistrict is modified to allow duplexes on lots of 5,000 square feet or greater.

With the addition of residential uses in the mixed use zones, the projected number of dwelling units at specific plan build-out has increased over previous zoning. Refer to Chapter 9.0, Housing for further discussion.

2. Commercial

Previous Conditions

Before this specific plan, a total of 42.3 acres in the specific plan area were zoned commercial. This included 39.0 acres of General Commercial, 2.5 acres of Limited-Visitor Serving Commercial, and 0.8 acres of Visitor-Serving Commercial as shown in Table 1.

Specific Plan

The specific plan includes a total of 37.1 acres of commercial zoning, which includes 22.3 acres of Commercial Mixed (First Street) in the First Street Corridor Subdistrict; 11.5 acres of Commercial Mixed (Second Street) in the Second Street Corridor Subdistrict; 0.4 acres of Visitor Serving Commercial in the Residential East Subdistrict; and 2.9 acres of Visitor Commercial Mixed in the Cozen's Site Subdistrict as shown in Table 2. Compared to previous zoning, it appears that there is a 13 percent decrease in commercially-zoned development potential within the specific plan area. 4.3 acres of this "decrease" reflects the City's administrative center, previously zoned general commercial. Moreover, custom-tailored development regulations have increased potential commercial and office floor area, as described below. The total estimated commercial floor area at "build-out", expressed in thousand square feet (TSF), has increased by approximately 33.9 TSF above previous zoning, even with the assumption that a maximum of 25 percent of gross floor area of property zoned for mixed use is devoted to residential use.

Zoning within the First Street Corridor and Second Street Corridor Subdistricts has been changed to Commercial Mixed (First Street) and Commercial Mixed (Second Street) Zones respectively, as shown in Table 2. These zones have been custom-tailored reflecting the existing development characteristics of the downtown area, which include small lots, zero front yard setbacks, and higher lot coverage. The specific plan has reduced setback, minimum lot size, landscape, and parking requirements and increased maximum lot coverage as compared to the citywide general commercial requirements. This yields more potential net square-footage of commercial uses in the plan area. Refer to Sections 3.2 and 3.3 for further discussion regarding development regulations and proposed parking requirements for these zones.

Approximately 2.5 acres that was previously zoned limited-visitor serving commercial has been changed to 2.9 acres under a Visitor Commercial Mixed Zone in the Cozen's Site Subdistrict. The additional acreage reflects the inclusion of four lots, on the east side of Third Street, under the new visitor commercial designation. The change from L-VSC to the D-VCM zone does not decrease visitor serving commercial, but expands the types of visitor serving commercial uses that could be allowed on this site.

The 0.4-acre Derby House parcels fronting Vulcan Avenue remain limited-visitor serving commercial, however, the zone has been expanded to allow a selected list of commercial uses.

The previous general commercial property on Vulcan Avenue between D and E Streets, known before as "Vulcan Square," represents about 4.3 acres, which has been changed to a Civic Center Zone. This is the new location of Encinitas' City Hall. Adjacent to the south, property fronting Vulcan Avenue between E Street and McNeill Avenue in the Residential East Subdistrict represents 0.4 acres which has been changed from general commercial to office professional. 0.9 acres located on Third Street, between E and F Streets in the Residential West Subdistrict as mentioned above, has been changed from general commercial to an Office Mixed Zone.

3. Office Professional

Previous Conditions

There were no previous office professional zones in the plan area.

Specific Plan

A total of 1.3 acres of office professional uses is included in this specific plan. 0.4-acres located between E Street and McNeill Avenue within the Residential East Subdistrict, has been changed from general commercial to an Office Professional Zone. Also, the general commercial property within the Residential West Subdistrict, located on the east side of Third Street between E and F Streets, has been changed from general commercial to an Office Mixed Zone.

4. Public/Semi-Public

Previous Conditions

Public/semi-public uses, which include a post office, fire station, library, and water district offices, make up a total of 5.4 acres.

Specific Plan

Of the public/semi-public uses, the 2.0-acre water district property and library have been rezoned to be included in the proposed Civic Center Zone as shown in Table 2. The post office and the fire station properties remain in a public/semi-public zone.

5. Ecological Resource/Open Space/Parks

Previous Conditions

A total of 13.8 acres of ecological resource/open space/park uses include Moonlight Beach Park (12.9 acres) and Mildred MacPherson Neighborhood Park (0.9 acres) as shown in Table 1.

Specific Plan

The specific plan zones the parks mentioned above, Moonlight Beach Park Zone (D-MBP) and Neighborhood Park Zone (D-NP) respectively. (See Table 2). The specific plan has added parcels on the north side of B Street to the Downtown Encinitas Specific Plan area under the D-MBP Zone. This increases the total ecological resource/open space/parks acreage to 14.1 acres.

6. Rail Corridor

Previous Conditions

The rail corridor totals 18.6 acres.

Specific Plan

The railroad corridor has been established as a subdistrict and designated as a Transportation Corridor Zone (D-TC) which identifies specific uses permitted in this zone. This implements the intent of the General Plan for the transportation corridor land use designation.

Table 1 Previous Zoning

Table 2 Specific Plan Zoning

C. Development In Progress

A few projects recently completed or proposed for development may significantly affect the community, along with the continued rehabilitation of older residential and commercial areas. These major projects include:

1. Civic Center

In 1992, the City purchased this 4-acre site for the its new City Hall location. Approximately 48,000 square feet of interior space of the existing building has been remodeled to accommodate both City and district administrative offices.

The specific plan addresses the future development potential and opportunities for this site as a civic center. Refer to Section 3.1 for further discussion and Section 3.2 for proposed use and development regulations for the civic center.

2. Mildred MacPherson Neighborhood Park

This 0.94-acre site located on Vulcan Avenue between East I and J Streets has recently been developed as a neighborhood park, which serves the Residential East Subdistrict. The park features a playground, a basketball court, picnic areas, and an open turf area. Refer to Section 3.2.

3. Commuter Rail Station

The regional public transportation agency for north San Diego County, North County Transit District (NCTD), is establishing rail passenger service using the existing rail right-of-way previously owned by Atchison, Topeka and Santa Fe Railway Company (AT&SF). Dubbed "commuter rail," this service is designed to provide primarily worker commuter rail service in the coastal corridor connecting Oceanside and San Diego. An Encinitas station is approved as part of this service in the Downtown Encinitas planning area as the desired location for this station.

As approved, the Encinitas transit station would be located in the rail corridor south from Encinitas Boulevard. The approved station includes a rail platform and openair passenger facilities (north of D Street) and parking for rail customers (off of Vulcan Avenue and D Street, north of D). NCTD has also proposed a passenger bus terminal for NCTD bus routes which serve the Encinitas area (off of Vulcan Avenue, east of the rail track, between D and E Streets). This bus facility was proposed to replace a bus terminal presently located on-street on Newcastle Avenue in the Cardiff community.

The first phase of development of the transit station should provide the rail platform and passenger facilities, and parking for approximately 250 cars. Future expansion of the station is proposed to provide approximately 200 more parking spaces (currently identified to be north of Encinitas Boulevard), a second rail track to the immediate east of the existing track, and a second rail passenger platform along the new track.

Development of the Encinitas transit station has been subject to separate site plan review and approval by the City. The station's first phase underwent this review, concurrent with the formulation of this plan. Construction of the station, originally scheduled to be completed by December 1992, was postponed pending resolution of negotiations for acquisition of the rail right-of-way from Santa Fe and is targeted for 1994. The specific plan designates this corridor as a separate subdistrict and zone. Refer to Section 3.1 for further discussion and to Section 3.2 for use and development regulations.

D. Unique Site Opportunities

Through the specific plan process, several unique potential development opportunities were identified for certain properties within the plan area. The following ideas should be considered for the eventual development on these sites. These are suggestions only, and not to be enforced through design review or regulatory control by the City.

1. Coast Dispatch Property

The "Coast Dispatch property" (previously the location for offices and printing presses for this newspaper) is located on the east side of First Street just south of E Street. Because of its central Downtown location and auto access to E Street, this site could provide an opportunity to develop a public parking facility or possibly an alternative location for the transit center/bus facilities if required.

No matter what the future development of the property, the following design parameters should be considered:

2. "Cozen's/Thornton Pacific" Property

This site, comprised of several separate properties, overlooks Moonlight Beach Park, fronts the west side of First Street, and has views to the ocean. An opportunity exists to provide an important visual anchor to the Downtown area. A potential visitor's center and chamber of commerce, or a high-quality inn or bed and breakfast establishment would capitalize on the site's strategic location. It is vital that all the properties under this subdistrict be included within one development, or be carefully phased to result in one integrated development.

Future development of this site should consider the following design parameters in addition to the use and development standards as outlined in Section 3.2.3:

3. Pacific View Elementary School

The Pacific View Elementary School site, located at the northwest corner of Third and F Streets, provides an opportunity to develop a future joint school and neighborhood park facility which would serve the Residential West Subdistrict as discussed in Section 3.1. The existing historic school house, which is located on the property, should be used as a publicly-accessible cultural amenity for the park.

4. "Seaside Bazaar"

The "Seaside Bazaar site" is located on the east side of First Street between Moonlight Plaza and the La Paloma Theater Complex. The Bazaar is an open-air market which currently operates from this site on weekends. Due to location, an opportunity exists to interface future development of this property with the proposed transit center. The site also could be developed as a possible extension of the transit center, and provide surface or underground parking facilities. Finally, the opportunity exists to include in development an open plaza area where an open-air market may continue to operate.

In future development of the property, the following design parameters should be considered:

5. La Paloma Theater

The La Paloma Theater, located on the northeast corner of First and D Streets, has been recognized as a significant historical community resource (refer to Chapter 8.0). The theater structure should be preserved, and the means found to continue the theater, as a community resource. Consideration may be given to the possible public ownership and operation of the theater as a public auditorium/theater, if feasible.

6. Transit Center Property

Consideration should be given to potential development of this property should the proposed transit center not be built. Located immediately east of the "Seaside Bazaar" site, above, this property could provide additional public parking facilities which could serve the civic center, La Paloma Theater, and the downtown commercial district. Another alternative would be to expand the private "Seaside Bazaar" site for an open plaza and location for an open-air market at this location.

7. Civic Center Site

The City's main administrative office and Council Chambers, "City Hall", was established in 1992 at the site of a former commercial shopping center on Vulcan Avenue. The existing buildings and site layout were retained and modified for the civic center use, rather than undertaking the costs and complexities of demolition and all-new construction. The resulting civic center is expected to serve well into the future. In the longer term, the opportunity exists to develop an all-new civic center at this site, should the demand for City and related agency offices, and other public facilities outstrip the current space available; and perhaps in conjunction with the expansion of the public library on Cornish Drive, which is sorely needed. The use and development standards under the D-CC zone anticipate possible future new civic center construction, and set requirements accordingly. In addition to the standards of the D-CC zone, the following should be considered for any civic center reconstruction or significant change:

8. Moonlight Beach

Moonlight Beach, as the primary recreational draw in the specific plan area, certainly presents many development and design opportunities and considerations. Most of these are to be addressed through site-specific development planning and environmental review (Reference Chapter 3, the D-MBP zone). It is suggested here that the upper parking lot for Moonlight Beach (north of C Street, west of Third Street) be considered for one or more additional, underground levels of parking. Such added underground parking levels may multiply parking opportunities without affecting coastal views in this area. Based on future demand, should it prove feasible considering cost, construction and geology, it is suggested that underground parking be addressed.

As required by the California Environmental Quality Act (CEQA), an environmental impact report (EIR) was prepared, and was certified by the City with the adoption of this specific plan. The EIR addresses the range of possible environmental effects resulting from the full implementation of the plan; that is, from build-out of land uses pursuant to specific plan zoning and design criteria, and from the completion of streetscape and capital facilities improvements. The EIR finds several positive impacts, including increased housing opportunities, preservation and enhancement of community character and promotion of public safety by the completion of the street and infrastructure improvements. Negative impacts are cited, related to the increased number of dwelling units and their greater demand on already-short library and school services. The EIR is on file with the City, and may be referenced for the discussion of mitigation measures and details of environmental analysis.

The creation of the Downtown Encinitas Specific Plan was designed to be a public-participation, community-directed process. This process included the function of the Specific Plan Area Committee (SPArC), which was a Council-appointed body of citizens who lived, owned land, or had other significant interests in the planning area. The SPArC membership was selected to assure a broad and fair representation of community interests. The SPArC's function was to create a vision for the community, identify planning issues, help create goals & objectives, and to direct and review the creation of all elements of the Specific Plan.

The Committee consisted of nine members and five alternates which began meeting in October 1990 and met on a monthly basis through December 1991. Additional meetings were held on an as-needed basis until the draft specific plan was completed. Nearly 90 hours of meetings and work-shops were conducted over a 20-month period, which were open for public discussion and citizen input. A technical committee, made up of representatives of City departments and various outside agencies, also assisted in the process.

During this time, components of the Specific Plan were prepared by City staff, based on the discussion and direction of the SPArC. These components include a vision statement, goals and objectives, design guidelines, land use alternatives, development standards, street tree master plan, and streetscape plan. Each of these components were subsequently reviewed by the technical committee and the SPArC. The final draft of the Downtown Encinitas Specific Plan was then prepared by City staff for Planning Commission and City Council review and adoption.

Downtown Encinitas is the original central business district for the community and has retained most of its small-town and historic character as it evolved over the past century. Small-lot subdivisions; intensive, small-scale development and uses; and architectural diversity characterize the community. The purpose of this specific plan is to guide the evolutionary development and historic preservations of the downtown Encinitas area by providing comprehensive guidelines, standards, and implementation programs based on a community vision which fosters a spirit of community interaction and pride.

A community vision which desires:

Early on in the process, the Downtown Encinitas SPArC met to identify issues, problems, obstacles, assets and opportunities associated with enhancing the economic and physical development of the downtown Encinitas area. These issues have been grouped under the major categories listed below. A majority of the problems and issues identified are associated with pedestrian and vehicular circulation, where pedestrian safety, traffic flow, and parking were the main focus.

LAND USE

The following specific plan goals and objectives were formulated based on the problems and issues identified by the SPArC and are grouped together under the same major categories.

LAND USE GOALS

The Specific Plan area has been defined in terms of several separate subdistricts, which are described below. Each subdistrict has been recognized as a special subarea which is addressed uniquely—each with its own design guidelines and development standards. Within each subdistrict, zoning regulations unique to its needs and circumstances have been devised, and may differ from the current "citywide" zoning regulations as required.

A. Haciendas de la Playa Condominiums Subdistrict

The approximate 7.3-acre property was developed in 1985, prior to the City's incorporation, as a condominium development with a total build-out of 99 units. No changes are proposed to this subdistrict. The development standards pursuant to the R-15 Zone, Section 30.16.010 of Title 30 of the Encinitas Municipal Code shall apply (refer to Figure 4).

B. Residential East Subdistrict

The residential east subdistrict is defined as all parcels east of Vulcan Avenue and west of Cornish Avenue, south of E Street to the southern specific plan area boundary as shown in Figure 4.

Although physically separated from the commercial center by the railroad tracks, the residential east subdistrict provides a primarily residential neighborhood visually tied into the fabric of the Downtown Encinitas community. The overall land use goal for this subdistrict is to maintain its beach-town, small-lot, informal "semi-rural" character. Existing land uses consist of a mix of approximately fifty percent single-family and fifty percent duplex residential, two office professional parcels, four limited visitor-serving commercial parcels, and a park site.

The previous residential zoning, Residential 11, is changed to D-R11 in order to allow future duplexes to be constructed on lots of 5,000 square feet or greater, which is consistent with the existing subdistrict character. Special road standards for this subdistrict are addressed under the Circulation Plan, Section 5.2.2.B.

The previous general commercial (GC Zone) properties on Vulcan Avenue, between E Street and McNeill Avenue, are changed to Office Professional (D-OP) (Figure 5), which is considered a more appropriate zone for these properties and recognizes their substantial existing development. Because of the historic significance of the Derby House, the specific plan maintains the limited visitor-serving commercial zoning (D-LVSC), and expands the types of uses allowed to include office professional type uses that would be compatible with the rehabilitation of this historic structure, rather than limiting it to a hotel or motel only. The intent of the specific plan is to encourage the development of all four parcels between McNeill Avenue and F Street as part of the historic rehabilitation and restoration of the Derby House.

Mildred MacPherson Park located on Vulcan Avenue between I and J Streets, is zoned Neighborhood Park (D-NP) in order to distinguish this site, from other open space/park sites within the specific plan area.

Property within this subdistrict which requires special design guidelines, land use or historic consideration such as the Derby House site is discussed in Section 4.5.9 and Chapter 8.0 of this specific plan.

C. Residential West Subdistrict

The subdistrict is defined as all parcels fronting and west of Third Street to the ocean, south of C Street to the southern specific plan area boundary.

The Residential west subdistrict is a primary residential neighborhood, visually, functionally and historically linked together with the Downtown commercial core. It presents many traditional community beach design elements, including alleys for auto access, small lots and small-scale structures, plus formal streets. It also incorporates important community institutions, churches, and the community's elementary school; and links the coastal highway to several street-end beach view points.

Like the Residential East Subdistrict, this subdistrict consists of a mixture of residential uses which include single-family, duplex, and multi-family residential units. However, other existing uses such as public/semi-public, commercial, and office professional exist intermittently along Third Street as shown in Figure 3. Again, the main goal is to maintain the small scale and beach-town character of the specific plan area.

The previous zoning in this subdistrict included Residential 15 (now D-R15) north of H Street; Residential 25 (now D-R25) south of H Street; Public/Semi-Public, at the Pacific View Elementary School site on the southwest corner of Third and E Streets; and General Commercial (GC) which includes the parcels fronting the east side of Third Street between E and F Streets, directly across from the elementary school, as shown in Figure 3.

Both the D-R15 (for lots of 5,000 square feet or greater) and D-R25 zones permit duplexes and are limited to two stories in height for new development.

The existing school site is planned to remain, and is subject to the development standards per Section 30.20.010 of Title 30 of the Encinitas Municipal Code. However, the existing parcels fronting the east side of Third Street between E and F Streets, are changed from General Commercial (GC) to a mixed use zone (D-OM) which allows properties to develop as office professional, high density residential, or a mixture of both types of uses. This designation is more compatible immediately adjacent to the elementary school and surrounding residential uses.

Properties within this subdistrict which require special design guidelines, historic, or land use consideration such as the "Boat Houses" and the old school house/Pacific View Elementary School site are discussed in Section 4.5.9 and Chapter 8.0 of the specific plan.

D. First Street Corridor Subdistrict

The subdistrict is defined as all parcels fronting First Street south of Encinitas Boulevard and north of K Street excluding those shown in Figure 4. The Limited Visitor-Serving Commercial site is subject to the development standards established for that subdistrict (see the Limited Visitor-Serving Commercial Subdistrict). The Moonlight Beach site is subject to the development standards per Chapter 30.32 of Title 30 of the Encinitas Municipal Code.

The First Street Corridor subdistrict focuses on what also is referred to as "Main Street".; in fact, First Street and Second Street together comprise the project area of a Main Street demonstration project by the State of California. First Street is the focus of greatest activity for the Downtown community, providing commercial services for both the surrounding neighborhoods and for recreational visitors to the beach community. First Street itself is also the continuation of Coast Highway 101, also known as Pacific Coast Highway. A majority of Downtown Encinitas' retail and visitor-serving commercial uses exist along this corridor as well as some mixed uses which include residential units together with primary commercial uses. First Street is typified by small commercial lots and pedestrian-scale buildings relating directly to the street.

The goals for the First Street Corridor include preserving and enhancing the unique "main street" character of the Downtown area, providing for mixed uses, and developing specific development standards that address the unique development character and constraints of the corridor. Ground floor uses are limited to pedestrian oriented business services in order to provide a compact walking experience in which shopping opportunities are highly visible and accessible at the street level. Other uses shall be permitted above and/or behind the primary commercial use.

The previous zoning of general commercial (GC) is replaced with a mixed use zone (D-CM-1). Refer to Section 4.5, for specific design guidelines for the First Street Corridor.

Properties within this subdistrict which require specific design guidelines, historic, and land use consideration such as the "Coast Dispatch" site, the La Paloma Theater complex, and the proposed commuter rail station site are discussed in Section 4.5.9 and Chapter 8.0 of this specific plan.

E. Second Street Corridor Subdistrict

The subdistrict is defined as all parcels fronting Second Street south of C Street to the southern specific plan area boundary.

While part of the Main Street project area, also with small lots and intimate-scale buildings, the Second Street Corridor subdistrict has a distinctly different character than First Street. Second Street does not support the heavy through-traffic found on First Street, and the character is of less-intense activity. A variety of uses exist along this subdistrict corridor which include single-family and multi-family residential, general commercial, public/semi-public, several churches, heavy commercial, and office professional. Most of the businesses along Second Street are basic or neighborhood serving rather than visitor serving. Basic businesses are those that serve other businesses or have a business that targets a regional market.

Because of the distinctive "neighborhood" character along Second Street, the overall goal is to maintain the neighborhood or local commercial uses, encourage mixed uses along the corridor, and develop specific development standards that address a mixed development pattern along the corridor.

The previous zoning of general commercial (GC), except for the public/semi-public uses (fire station and post office) in this subdistrict, is replaced by a mixed use zone (D-CM-2). Refer to Section 4.5, for specific design guidelines for the Second Street Corridor.

F. Cozen's Site Subdistrict

The properties located just south of Moonlight State Beach Park between First Street and Third Street, will serve as an important visual and physical anchor for the Downtown area (see Figure 4). These properties are designated limited visitor-serving commercial by the General Plan.

Four residential properties directly to the west that front Third Street have been included in this subdistrict, which enhances the development potential for limited visitor serving commercial by providing direct beach access to Moonlight Beach. Potential site restrictions include limited access from Highway 101 (First Street), and moderate beach character.

The specific plan proposal for this subdistrict includes a mixed use zone (D-VCM) which allows visitor-serving commercial (including hotel or inn), office (business and professional), multi-family residential (18 dwelling units per acre) uses, or a combination of these uses.

The development standards have been tailored for this subdistrict because of its relationship to the Downtown area and Moonlight Beach Park. The goal was to create development standards that would consider the unique site location and relationship as a potential physical and visual anchor for the Downtown area. The standards encourage a greater floor area ratio, greater building mass and underground parking. Refer to Section 4.5.9, for specific design guidelines for the Cozen's Site property.

G. Civic Center Subdistrict

The Vulcan Square subdistrict includes the block bounded by D Street, Vulcan Avenue, E Street, and Cornish Avenue. Previous existing uses have included general commercial lease space, a county public library, and the San Dieguito Water District Offices.

The old commercial shopping center fronting Vulcan Avenue has been acquired and remodeled as Encinitas City Hall. Ultimate integration may include the incorporation of the library and the San Dieguito Water Authority facilities in a completely rebuilt civic complex. The proximity of the property to the Downtown commercial area, surrounding residential, and proposed transit center requires specific design guidelines and development standards in order to minimize impacts to the surrounding area and to capitalize on the site's location and view potentials. The specific plan also is proposing that neighborhood commercial uses, incorporated as part of the civic center design, be allowed along the immediate Vulcan Avenue street frontage, which would be consistent with the proposed transit center across Vulcan Avenue.

The previous zoning of general commercial (GC) for the western half of the block and the public/semi-public (P/SP) for eastern half of the block are replaced by civic center (D-CC). Refer to Section 4.5.9, for specific design recommendations for the Civic Center Subdistrict.

H. Other Subdistricts

1. Moonlight Beach Park Subdistrict

The objective for this subdistrict is to eventually implement a Moonlight Beach Master Plan. A concept plan to date includes both active and passive recreational uses. The concept plan features picnic and viewing areas; volleyball courts; a tennis court; a basketball court; tot lot; fire rings; restrooms, concession and maintenance building; Cottonwood Creek riparian zone and native planting; walkways; and approximately 231 parking spaces. Cottonwood Creek is a registered Point of Historical Interest by the State Historical Resources Commission and is eligible for local landmark designation as discussed in Chapter 8.0.

The subdistrict has been given a new zoning designation of Moonlight Beach Park (D-MBP) in order to distinguish the site from other open space/parks within the specific plan area. Also, refer to Section 3.2 for zone-specific development standards.

The specific plan adds a few parcels, which are on the north side of B Street and are included in the Moonlight Beach Master Plan, to the Downtown Encinitas Specific Plan Moonlight Beach subdistrict and D-MBP Zone. These parcels in the past were zoned residential, as part of the residential neighborhood north of B Street; but these parcels have always been part of the State-owned Moonlight Beach lands, and it is intended that they be part of Moonlight Beach's full development. (see Appendix D).

2. Railroad Corridor Subdistrict

The subdistrict is defined as all property within the railroad right-of-including properties owned by the Atchison, Topeka, and Santa Fe Railroad Company or by the North San Diego County Transit District.

The railroad corridor has been recognized as an area that requires its own zoning designation in order to ensure that the transportation corridor is preserved primarily for public transportation. The subdistrict also allows accessory uses within the corridor such as recreational trails, parking, passive parks, etc. as long as these uses do not encumber the public transportation uses. These uses are listed under the proposed Transportation Corridor zone (D-TC).

3.2.0

A. General Provisions

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

B. Definitions

The definitions of Chapter 30.04 of Title 30 of the Encinitas Municipal Code shall apply.

C. Subdistricts and Zones

Distinct subdistricts were created through the specific plan process, each with its own special development standards. Zones are contained in each subdistrict, and use allowances and development standards are provided for each zone. The following provides a listing of each subdistrict and each zone within each subdistrict.

D. Zones and Development Standards

1. 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 tables below were established. The development standards are minimum unless otherwise stated.

2. The following development standards shall apply. Title 30 of the Encinitas Municipal Code standards shall apply when referenced. If there is a conflict between the development standards of this Section and Title 30 of the Encinitas Municipal Code, the development standards of this Section supersede.

3. In the event a proposed use is not specifically listed as allowed under a zone, but is similar in character to a use which is listed, a determination of allowable use per Municipal Code Section 30.01.030 may be applied for.

4. The following Chapter(s) of Title 30 of the Encinitas Municipal Code are incorporated by reference in the Downtown Encinitas Specific Plan:

3.2.1 Residential Zones

A. Zone: Residential 11 (D-R11)

This zone is intended to provide for residential development ranging from single-family detached units to duplex development. The overall density yield from development in the specific plan area under this zone is expected to be 11 units per acre, however, on qualifying individual lots, duplex use is allowed on lots as small as 5,000 sq. ft.

The following principal uses shall be permitted in the D-R11 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Cottage Food Operations (Ord. 2015-01) Dwelling Unit, One-Family Dwelling Unit, Two-Family 1 Educational Institution, Public Family Day Care Home, Small or Large, (accessory to a single family dwelling only) Home Occupations Mobile Home (individual dwelling unit) Qualified Employee Housing (six or fewer employees) 2 Qualified Employee Housing (seven or more employees) 3 Residential Care, Limited (6 or fewer) Schools, Public: (Elementary, Jr. High, High School) Supportive Housing 4 Transitional Housing 4

2. Minor Use Permits:

3. Major Use Permits:

4. Development Standards:

a. Net Lot Area: 5,000 net square feet minimum

b. Off Street Parking: For development sites with alley access, off-street parking and vehicular access shall be directly from the alley. All other parking standards and requirements pursuant to Chapter 30.54 of Title 30 of the Encinitas Municipal Code.

c. Landscaping:

1. Refer to Section 4.8, Landscape Guidelines for all new and rehabilitated landscape projects.

2. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Land-scape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4′ diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in landscape plans.

3. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

d. Noise Mitigation: Properties which front on Vulcan Avenue or are adjacent to the railroad right-of-way may be subject to noise impacts from rail and transit operations. Proposed new development on such properties for noise-sensitive uses as determined under the Noise Element of the Encinitas General Plan, including residential, shall provide an analysis by an acoustical engineer to demonstrate compliance with the maximum interior noise average of LDN 45dB.

e. All other development standards pursuant to Section 30.16.010, R-11 Zone of Title 30 of the Encinitas Municipal Code shall apply.

5. Sign Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-R11 Zone.

6. Design Recommendations: In the D-R11 zone, applicable Specific Plan Design Recommendations shall be considered in addition to the development standards of this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation.

B. Zone: Residential 15 (D-R15)

This zone is intended to provide for residential development, including single-family units (attached and detached), duplex units, apartment development and senior housing, with a maximum density of 15 units per acre.

The following principal uses shall be permitted in the D-R15 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Cottage Food Operations (Ord. 2015-01) Dwelling Unit, One-Family Dwelling Unit, Two-Family 1 Dwelling Unit, Three-Family Dwelling Unit, Multiple Family Educational Institution, Public Family Day Care Home, Small or Large, (accessory to a single family dwelling only) Home Occupations Mobile Home (individual dwelling unit) Qualified Employee Housing (six or fewer employees) 2 Qualified Employee Housing (seven or more employees) 3 Residential Care, Limited (6 or fewer) Schools, Public: (Elementary, Jr. High, High School) Single Room Occupancy Housing 5 Supportive Housing 4 Transitional Housing 4

2. Minor Use Permits:

3. Major Use Permits:

4. Development Standards: The following development standards apply to development sites of 10,000 sq. ft. in area or less. For sites greater than 10,000 sq. ft. in area, the regulations of Chapters 30.16 and 30.54 of the Encinitas Municipal Code for the R-15 Zone shall apply.

k. Landscaping:

1. Refer to Section 4.8, Landscape Guidelines for all new and rehabilitated landscape projects.

2. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4′ diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in landscape plans.

3. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

l. Noise Mitigation: Properties which front on Vulcan Avenue or are adjacent to the railroad right-of-way may be subject to noise impacts from rail and transit operations. Proposed new development on such properties for noise-sensitive uses as determined under the Noise Element of the Encinitas General Plan, including residential, shall provide an analysis by an acoustical engineer to demonstrate compliance with the maximum interior noise average of LDN 45dB.

m. All other development standards pursuant to Section 30.16.010, R-15 Zone of Title 30 of the Encinitas Municipal Code shall apply.

5. Sign Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-R15 Zone.

6. Design Recommendations: In the D-R15 Zone, applicable Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation.

C. Zone: Residential 25 (D-R25)

This zone is intended to provide for compatible high density multiple-family residential development including apartments, condominiums, and senior housing, with a maximum density of 25 units per net acre.

The following principal uses shall be permitted in the D-R25 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Cottage Food Operations (Ord. 2015-01) Dwelling Unit, One-Family Dwelling Unit, Two-Family Dwelling Unit, Three-Family Dwelling Unit, Multiple Family Educational Institution, Public Family Day Care Home, Small or Large, (accessory to a single family dwelling only) Home Occupations Mobile Home (individual dwelling unit) Qualified Employee Housing (six or fewer employees) 1 Qualified Employee Housing (seven or more employees) 2 Residential Care, Limited (6 or fewer) Schools, Public: (Elementary, Jr. High, High School) Single Room Occupancy Housing 4 Supportive Housing 3 Transitional Housing 3

2. Minor Use Permits:

3. Major Use Permits:

4. Development Standards:

k. Landscaping:

1. Refer to Section 4.8, Landscape Guidelines for all new and rehabilitated landscape projects.

2. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4′ diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in landscape plans.

3. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

l. All other development standards pursuant to Section 30.16.010, R-25 Zone of Title 30 of the Encinitas Municipal Code shall apply.

5. Sign Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-R15 Zone.

6. Design Recommendations: In the D-R25 Zone, applicable Specific Plan Design Recommendations shall be considered addition to the development standards in this section. The development standards shall take precedent if a conflict exists between a development standard and a design recommendation.

3.2.2 Commercial Zones

A. Zone: Office Professional (D-OP)

This zone is intended to provide primarily for the development of professional and administrative offices, with some accessory retail and service uses.

The following principal uses shall be permitted in the D-OP Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Art Gallery Acupuncture (Ord. 2015-01) Bank/Savings and Loan Barber and Beauty Shop (Cosmetologist) 1 Blueprinting and Photostating Chiropractor (Ord. 2015-01) Conservatory of Music Cosmetic Design Studio Co-Working Space Day Care Center Dental Clinic Dental Clinic, Canine/Feline (Ord. 2015-01) Educational Institution, Public Educational Institution, private Employment Agency Finance Company Fire Station Florist Shop 1 Hair Salon (Ord. 91-03) 1 Interior Decorating Service Laboratories (medical, dental) Newsstand 2 Medical/Dental Clinic Medical/Dental Office Office (Business and Professional) Optical Products Sales Orthopedic Devices Sales Parcel Delivery Service Parks and Recreational Areas Photocopy Shop Photographic Studio Post Office Postal Annex, Private Ownership Printing Public Utilities: Office Real Estate Office Reducing Salon Schools, Private: (Elementary, Jr. High, High School) Schools, Public: (Elementary, Jr. High, High School) Stone (Precious) Manufacturing Telephone Answering Service

2. Minor Use Permits:

3. Major Use Permits:

Bakery (Retail) Cellular Facility (Ord. 91-03) Club, Private Group Exercise1 (Ord. 2015-01) Hospital Hospital, Convalescent Hospital, Nursing Library Radio/Television Broadcasting Studio Radio/Television Transmitter Recording Studio Recreational Facilities Private Recreational Facilities Public Religious Institution Residential Care (7 or more) Veterinarian

4. Development Standards:

l. Landscaping:

1. 15 percent[1] (See Section 4.8, Landscape Guidelines)

[1]

Pedestrian plazas, which include site amenities such as sculpture, fountains, planters, enhanced paving, etc., may be counted as landscaping. This does not relieve development sites of the requirement to provide minimum amount of trees and planting.

2. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4′ diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in Landscape plans.

3. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

m. All other development standards pursuant to Section 30.20.010, OP Zone of Title 30 of the Encinitas Municipal Code shall apply.

5. Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-OP Zone.

6. Design Recommendations: In the D-OP Zone, applicable Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation.

B. Zone: Visitor-Serving Commercial (D-VSC)

This zone is intended to provide for hotel/motel uses, eating and drinking establishments, food and beverage retail sales, entertainment, and other principal visitor-serving uses specifically intended to serve the needs of persons visiting the City. All other permitted or conditionally permitted uses specified in the Specific Plan for areas zoned Visitor-Serving Commercial (D-VSC) such as selected commercial retail, commercial service, professional and administrative office type uses that would be compatible with the rehabilitation of the existing historic building, shall be considered ancillary uses to the allowable principal uses. Ancillary or non-principal uses shall not occupy or utilize more than 30% of the ground floor area. Preservation of the Derby House historic structures are intended under this zone.

The following principal uses shall be permitted in the D-VSC Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Acupuncture (Ord. 2015-01) 1 Art Gallery 1 Artisan/Craftsman (sales & studio) 1 Bakery (Retail) 1 Barber and Beauty Shop (Cosmetologist) 1 Bed and Breakfast Book Sales 1 Chiropractor 1 (Ord. 2015-01) Co-Working Space Dwelling Unit, Caretaker - accessory to the principal use Educational Institution, Public 1 Florist Shop 1 Gift Shop 1 Group Exercise 1, 2 (Ord. 2015-01) Hotel Jewelry Sales 1 Medical/Dental Office 1 Motel Museum 1 Newsstand 3 Office (Business and Professional) 1 Photographic Studio 1 Real Estate Office 1 Restaurant (no alcohol sales; outdoor dining permitted) 1 Retail Sales 1

2. Minor Use Permits:

Day Care Center 1 Hair Salon (Ord. 91-03) 1 Restaurant (w/alcohol sales; outdoor dining permitted) 1 Wearing Apparel Shop 1

3. Major Use Permits:

Cellular Facility (Ord. 91-03) Theaters and Places of Public Assembly 1

4. Development Standards:

l. Landscaping:

1. 15 percent (Refer to Section 4.8, Landscape Guidelines)

2. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4' diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in Landscape plans.

3. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

m. Noise Mitigation: Properties which front on Vulcan Avenue or are adjacent to the railroad right-of-way may be subject to noise impacts from rail and transit operations. Proposed new development on such properties for noise-sensitive uses as determined under the Noise Element of the Encinitas General Plan, including residential, shall provide an analysis by an acoustical engineer to demonstrate compliance with the maximum interior noise average of LDN 45dB.

n. All other development standards pursuant to Section 30.20.010, VSC Zone of Title 30 of the Encinitas Municipal Code shall apply.

5. Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-VSC Zone.

6. Design Recommendations: In the D-VSC Zone, applicable Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation.

3.2.3 Mixed Use Zones

A. Zone: Commercial Mixed - First Street (D-CM-1)

This zone is intended to provide a commercial zoning district that preserves the unique characteristics of the First Street Corridor (S. Coast Highway 101) and maintains a pedestrian-oriented environment.

Commercial is intended to serve both the needs of the neighborhood residents as well as persons visiting the city for business and recreational purposes. Thus, this district is intended for both general and visitor-serving commercial purposes. In order to maintain a pedestrian-scale environment and economically viable downtown, ground floor uses shall be limited to business services that serve patrons on an unannounced or drop-in basis. Residential and other commercial uses not engaged in "retail only" (such as medical, professional, and administrative offices) are generally permitted above and/or behind the primary use, as specified herein.

"Retail Only" is primarily characterized by businesses that either sell goods and commodities for personal household or business consumption, individually or in small quantities; or provide services that are pedestrian oriented, serving patrons on an unannounced or drop-in basis, as identified in Section 3.2.3.A.(1).

First Floor Retail is intended to provide a wide variety of retailing opportunities and other pedestrian oriented uses that are highly visible and accessible at the street level. Interruptions to the continuity of retail frontage along S. Coast Highway 101 decreases pedestrian traffic. Thus, ground floor uses shall be limited to businesses that demonstrate a dependency on walk-up traffic to maintain a compact, uninterrupted walking experience.

All uses credited towards meeting the required retail frontage standards must conduct a majority of transactions directly with the consumer (with face-to-face interaction on the premises). In order to increase economic synergy and liveliness of the downtown, only specific commercial activities and uses are allowed in storefront areas. See First Floor Retail standards, Section 3.2.3.A (4)(n).

Commercial use mixed with restricted residential use may be allowed on the same property or in the same structure, with the intent of providing housing opportunities and mitigating the impacts between mixed commercial and residential uses.

Residential, as a secondary use on commercial property, is intended to provide residential units with a minimum dwelling unit size of 350 square feet. Mixed-use residential is not allowed to use more than half of any site's building floor area except when guaranteed affordable dwelling units are provided. See Mixed Use Site Planning standards, Section 3.2.3.A (4)(m).

It is the intention of the D-CM-1 Zone to allow for significant functional and physical integration of project components of mixed commercial and residential uses. Consideration will be given to joint use of parking, common areas, landscaping, specific visitor-serving commercial types of uses and associated intensities, housing types and sizes of units, and overall architectural design.

The following principal uses shall be permitted in the D-CM-1 Zone and are identified as either a permitted use or those uses permitted upon the issuance of a minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. Those uses permitted or prohibited in a storefront location are also identified. All other principal uses are prohibited.

1. Permitted Uses:

2. Minor Use Permits:

3. Major Use Permits:

4. Agriculture Permits:

5. Development Standards: Except as specified below, the development standards under Chapter 30.20 of the Encinitas Municipal Code for the GC Zone shall apply under the D-CM-1 Zone. In case of conflict between regulations, those specified below shall prevail:

k. Landscaping:

1. A minimum of 5% of the area of a development site shall be landscaped (See Section 4.8, Landscape Guidelines).

2. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief.

3. Landscaping in parking areas shall include one fifteen (15) gallon tree for every four parking spaces evenly distributed throughout the parking area.

4. Site landscaping shall include a combination of trees, shrubbery, vines, or groundcovers, all of which shall be drought-tolerant;

5. All landscaped areas shall be watered by an automatic irrigation system and regularly maintained in a healthy and thriving condition free of weeds, trash, debris;

6. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4' diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in Landscape plans.

7. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

l. General Site Planning: In the D-CM-1 Zone, the following development standards shall apply:

1. Site planning shall include consideration of adjoining parcels in terms of building configuration, building design, and scale of landscaping materials, circulation/parking configuration and access.

2. Except for outdoor dining establishments, all uses shall be located within an enclosed building unless authorized by a Minor Use Permit.

3. Development on sites abutting the railroad right-of-way shall prevent general access to and across the railroad tracks by the placement of buildings, fencing and/or landscaping dense enough to prevent encroachment, or any combination, consistent with the other development standards of this zone.

m. Mixed Use Site Planning: In the D-CM-1 Zone, the following development standards shall apply for projects which mix commercial or office with residential in the same development site:

1. Residential uses shall be located above and/or behind the primary commercial use.

2. Residential uses shall not exceed 50 percent of the gross building floor area for the development site; except that when a development project includes one or more dwelling units guaranteed affordable to low or very low income households as defined in the Encinitas Housing Element, residential uses may exceed 50 percent of the gross building floor area by the amount of the gross floor area of the guaranteed affordable unit (s).

3. Separate building entrances shall be required for residential and commercial uses when occupying the same structure (This does not preclude secondary interior access between commercial and residential uses, in addition to the required separate accesses, provided that residential access to or through commercial uses avoids unsafe commercial areas).

n. First Floor Retail

1. The retail component of a "retail only" business must be at least on the ground floor.

2. Other commercial uses shall be permitted above and/or behind the primary commercial use.

3. The retail store requirements do not apply to uses where public access to S. Coast Highway 101 has been blocked by public improvements.

4. All uses credited towards meeting the required retail and service frontage standards shall have one or more of the following: active retailing opportunities, product and sales displays, custom manufacturing (as defined in EMC 30.04), studio demonstrations, or other similar retail service component facilitating the frequent or needed personal service in the storefront area.

5. For the purposes of this section, storefront is defined as an interior dimension of a building, measuring not less than twenty feet in depth from the side or portion of the store facing a public street (S. Coast Highway 101 and side streets in the D-CM-1 Zone) or pedestrian thoroughfare at street level.

6. Pedestrian thoroughfare is defined as open places (public or private) with street level visibility or areas adjacent to plazas, courtyards, and congregating or gathering places with street level visibility.

7. The side or portion of a store facing an alley or secondary means of access to abutting properties located at the rear or side of a property is not subject to the required retail frontage standards.

8. A business, use, or activity may have more than one storefront location.

9. All uses shall be conducted entirely within the building except otherwise permitted in this section. Any authorized activity shall be conducted in a manner that facilitates the pedestrian-scale shopping experience and is consistent with the intent of this provision.

10. Accessory use of a bona fide "retail only" establishment shall be incidental and clearly subordinate to the principal use.

11. Accessory use is permitted in a non-storefront location of a building or establishment. Accessory use includes office, repair, manufacturing or assembly, and processing or treatment of products provided that the accessory use is directly related and appropriate to the principal use conducted on the same premises.

12. Not more than 50 percent of the required retail storefront shall be devoted to entrances of uses other than those storefront uses described in this section.

13. Windows on the first floor building façade facing a public street or pedestrian thoroughfare are encouraged to have merchandise or product displays visible to passing pedestrians. Windows not used for display purposes must provide a clear and transparent view into the interior of the building from street level unless otherwise permitted by the Specific Plan.

14. Where an existing structure has been specifically designed, constructed, and maintained to serve non-retail or office-type uses; and where because of limited pedestrian access the structure would not properly serve retail type uses, then non-retail service uses may occupy the ground floor upon approval of a Minor Use Permit (provided such use is already allowed in the D-CM-1 Zone and denial of occupancy would result in a long-term vacancy of the subject property). If the use associated with the existing structure is identified in Section 3.2.3.A (3) as requiring a Major Use Permit, then non-retail service uses may occupy the ground floor upon approval of a Major Use Permit.

o. Building Design and Use: In the D-CM-1 Zone, the following development standards shall apply:

1. All buildings are encouraged to minimize energy consumption, using such features as:

2. Sidewalk Dining:

i) Outdoor dining areas that encroach into the public right-of-way shall require an encroachment permit and must maintain a minimum 4-foot clearance which excludes planter areas, fire hydrants, street lights, other street furniture, and on-street auto parking overhang, and any approved A-frame signage.

ii) Encroachment permits for outdoor dining within public rights-of-way require the following information and are subject to the following limitations:

a) Location and brief description of the proposed encroachments.

b) Provide a site plan showing local conditions, including street and sidewalk width, and location of all street furniture, acceptable to the City Engineer.

c) Specify the number of tables and seating requested and not-to-exceed-amount.

d) Permit may be revoked by the City after a 30-day notice.

e) Hours of operation shall be pre-determined through the encroachment permit and limited to an associated adjacent eating and drinking establishment.

f) No sound amplification device, musical instrument or sound reproduction device shall be operated or used with outdoor dining, and outdoor lighting shall comply with performance standards, and be approved by the City.

g) Prior to issuance and approval of a permit, a finding shall be made by the Office of the Director of Community Development that the outdoor dining will not adversely affect the neighborhood nor be detrimental to persons residing, visiting or working in the area.

h) A liability insurance policy naming the City as additionally insured for $1,000,000 shall be on file with the City Engineer.

p. Access, Circulation, and Parking: In the D-CM-1 Zone, the following development standards shall apply:

1. Vehicular access shall be taken from the alley rather than from First Street where feasible.

2. Where vehicular access off of First Street is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

3. All alleys shall be retained for vehicular access and pedestrian paths, and shall not be vacated.

4. Access points to adjoining lots shall be shared wherever feasible.

5. 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 on the opposite side of the roadway;

6. Sidewalks or other safe pedestrian walkways shall be located along First Street and intersecting side streets;

7. Where feasible, parking areas shall be located off the alley or to the rear of a building. Parking areas abutting streets shall be screened by a design break or buffer between the back of the sidewalk and the parking pavement, consisting of earth mounding, landscaping, low decorative walls, lowering the grade of the parking area below the street grade, or a combination of any of these methods.

q. Auxiliary Structures/Equipment and Utilities: In the D-CM-1 Zone, the following development standards shall apply:

1. All roof appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view 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, shall be screened from view;

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 an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, per Municipal Code Section 23.36.120. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. All locations for trash and recyclable material storage visible from adjacent public streets and public view shall be enclosed by a six-foot high masonry wall with view-obstructing gates. Where feasible, trash and recyclable material receptacles shall be located off of the alley behind the building.

5. Outdoor storage areas approved by Minor Use Permit shall be located to the rear of a building and shall be entirely enclosed by solid walls not less than six feet in height to adequately screen such areas from view. This requirement does not apply to approved temporary uses and approved outdoor sales areas, or agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

r. Lighting: In the D-CM-1 Zone, the following standards shall apply:

1. Exterior lighting shall be architecturally integrated with the building(s) on site;

2. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Freestanding lamp posts shall be no taller than 18 feet. The intensity of light at the boundary of the D-CM-1 Zone shall not exceed 75 foot lamberts from a source of reflected light.

s. Architectural Features, Accessory Structures, Walls/Fences: In the D-CM-1 Zone, the following development standards shall apply:

1. Accessory structures shall not be located in front of or on the street side of the main building(s);

2. Freestanding walls or fences between any street frontage and a principal building on site shall not exceed four feet in height. Where a retaining wall is used to increase usable lot area, a wall or fence not exceeding four feet in height also may be erected, provided that the wall or fence is set back a minimum of five feet from the retaining wall.

3. The use of chainlink, barbed wire or razor wire for fencing within the public view shall be prohibited.

t. Noise Mitigation: Properties which front on First Street or are adjacent to the railroad right-of-way may be subject to noise impacts from rail and transit operations. Proposed new development on such properties for noise-sensitive uses as determined under the Noise Element of the Encinitas General Plan, including residential, shall provide an analysis by an acoustical engineer to demonstrate compliance with the maximum interior noise average of LDN 45dB.

5 . Signage Regulations: Except as otherwise specified below, the mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-CM-1 zone.

a. Freestanding A-frame signage: In addition to other types of permitted signage, freestanding A-frame signs shall be allowed.

1. No more than one A-frame sign is permitted per business.

2. No A-frame sign shall be illuminated, externally or internally.

3. No A-frame sign shall be permanently affixed to the ground or other object, but shall be portable, and shall be placed out only during the operating hours of the business it is advertising.

4. No A-frame sign shall be placed within the vehicle parking or lanes, or within a pedestrian walkway so as to leave less than four foot width of passage clearance.

5. No A-frame sign shall exceed 2 1/2 feet in height or 2 feet in width.

b. Public sidewalk Placement of A-frame Signs: A-frame signs, which encroach into the public right-of-way, are subject to prior issuance of an encroachment permit by the City. In addition to the above standards for A-frame signs the following applies:

1. The placement of the A-frame sign must maintain a minimum of four foot clearance of passage, which excludes planter areas, fire hydrants, street lights, street furniture, on-street auto parking overhang, and any other approved sidewalk dining area.

2. Encroachment permits for public sidewalk A-frame signs require the submittal of the following information and are subject to the following limitations:

i) Submit a brief description of the proposed encroachment and its proposed location on the public sidewalk.

ii) Submit a site plan showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk, acceptable to the City Engineer.

iii) A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the City Engineer.

iv) An issued encroachment permit may be revoked by the City after a 30 day notice.

6. Design Recommendations: In the D-CM-1 Zone, applicable Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedent if a conflict exists between a development standard and a design recommendation.

B. Zone: Commercial Mixed - Second Street (D-CM-2)

This zone is intended to allow individual properties to develop as either residential, commercial, office professional or, a mixed-use of commercial/office and residential uses. In a mixed-use project, residential uses may be allowed on the same property or in the same structure as a commercial use, with the intent of providing housing opportunities while also mitigating the impacts between commercial and residential uses.

Commercial is intended to provide retail uses which serve local residents of the community, while maintaining compatibility with a residential environment. Compared to commercial uses on First Street, those on Second Street are intended to be less visitor-serving and more community-serving. Second Street is also intended to provide a higher proportion of office and business uses, and a somewhat less-intensive activity level.

Residential, as a primary use, is intended to provide single-family or multi-family units. Densities of up to 25 dwelling units per acre shall be allowed. Residential in a mixed-use project is limited to no more than half of the development site's allowed floor area. Free-standing residential (residential use only on a development site; no commercial or office use) is permitted, but shall be limited so as not to constitute more than 25% of the zone district's total lot acreage.

It is the intention of the D-CM-2 Zone to allow for significant functional and physical integration of project components of adjacent development sites, as well as of mixed-use projects. Consideration will be given to joint use of parking, common areas, landscaping, specific D-CM-2 types of uses and associated intensities, housing types and sizes of units, and overall architectural design.

The following principal uses shall be permitted in the D-CM-2 Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Acupuncture (Ord. 2015-01) Antique Sales, Retail Appliance Sales & Repairs (Household and Small Appliances) Arcade Accessory (Non-Adult) Art Gallery Artisan/Craftsman (sales & studio) Bakery (Retail) Bank/Savings and Loan Barber and Beauty Shop (Cosmetologist) Bed and Breakfast Bicycle Sales, Rental and Service Billiard, Pool Hall Blueprinting and Photostating Book Sales Candy and Confectionery Sales Cannabis - Retailer 6 Catering Service Cellular Facility (Ord. 91-03) Chiropractor (Ord. 2015-01) Clothing Rental Coins, Purchase and Sales Computer Sales & Service Conservatory of Music Convenience Store Cosmetic Design Studio Costume Rental Cottage Food Operations (accessory to a residential use per EMC 30.48.040L) (Ord. 2015-01) Co-Working Space Dairy Store Day Care Center Day Spa, Beauty Treatment Services Delicatessen Dental Clinic Dental Clinic, Canine/Feline (Ord. 2015-01) Dressmaking Shop/Alterations, Retail Dry Cleaning, Retail and Self-Service Dwelling Unit, Caretaker-accessory to the principal use (Ord. 91-07) Dwelling Unit, One-Family 1 Dwelling Unit, Two-Family 1 Dwelling Unit, Three-Family 1 Dwelling Unit, Multiple Family 1 Educational Institution, Public Employment Agency Family Day Care Home, Large (7 to 12 children) (Ord. 92-28) Family Day Care Home, Small (6 or fewer children) (Ord. 92-28) Feed and Grain Sales Finance Company Fire Station Florist Shop Garden Supplies Gift Shop Glass and Mirrors, Retail Glass Edging and Beveling, associated with retail Glass Studio (Stained and others) Group Exercise (Including but not limited to dance studio, yoga, martial arts, Pilates or other similar group exercise class) (Ord. 2015-01) Hair Salon (Ord. 91-03) Hat Cleaning and Blocking, associated with retail Hat Shop Health Food Store Hobby Supply Shop Home Occupations Ice Cream Parlor Interior Decorating Service Jewelry Sales Laundromat Lawnmower Sales and Service Locksmith Market (food) Medical/Dental Clinic Medical/Dental Office Music/Record Store Newsstand Notions and Dry Goods Store Office (Business and Professional) Optical Products Sales Orthopedic Devices Sales Parks and Recreational Areas Pharmacy Pet Shop/Pet Grooming Photocopy Shop Photofinishing, Retail Photographic Studio Photographic Supplies Post Office Postal Annex, Private Ownership Pottery Sales Printing Public Utilities: Office Qualified Employee Housing (six or fewer employees) 1,2 Qualified Employee Housing (seven or more employees) 1,3 Real Estate Office Reducing Salon Residential Care, Limited (6 or fewer) 1 Restaurant (no alcohol sales; outdoor dining permitted by design review) Retail Sales Schools, Public: (Elementary, Jr. High, High School) Second Hand Dealer (Ord. 91-03) Second Hand Store Shoe Repair/Sales Sidewalk Dining (encroachment permit required) Sign Shop Silk Screen Printing Shop Single Room Occupancy Housing 1,5 Sporting Goods Sales Stationery Store Stone (Precious) Manufacturing Supportive Housing 1,4 Surf Shop Retail/Rental Swimming Pool Supplies/Equipment Sales Tailor Shop Telephone Answering Service Transitional Housing 1,4 Veterinarian Video Sales & Rental Wearing Apparel Shop

2. Minor Use Permits:

Arcade Primary (Non-Adult) Candle Manufacturing Charitable Bins and Depositories (accessory) Day Care Center Drug Store Dwelling Unit, one family, stand-alone 2 Dwelling Unit, two family, stand-alone 2 Dwelling Unit, three family, stand-alone 2 Dwelling Unit, multiple family, stand-alone 2 Furniture Sales Gas Distribution, Meter and Control Station Horticultural Services Hotel/Motel Laboratories (medical, dental) Nurseries, Horticultural Outdoor Sales/Swap Meet (Ord. 91-03) Residential Care, Limited (6 or fewer), stand alone 2 Swap Meet/Outdoor Sales (Ord. 91-03) Tile Sales Tutoring Center (Ord. 2015-01) Upholstery Installation

3. Major Use Permits:

4. Agriculture Permits:

Farmers' Market

5. Development Standards: Except as specified below, the development standards under Chapter 30.20 of the Encinitas Municipal Code for the GC Zone shall apply under the D-CM-2 Zone for commercial office, or mixed-use development. Except as otherwise specified below, stand-alone residential shall comply with the standards of Chapter 30.16 of the Encinitas Municipal Code for the R-25 Zone. In case of conflict between regulations, those specified below shall prevail.

n. Landscaping:

1. A minimum of 10% of the area of a development site shall be landscaped. Pedestrian plazas which include site amenities such as sculpture, fountains, planters, enhanced paving, etc. may be counted as landscaping (See Section 4.8, Landscape Guidelines).

2. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief. Parking areas located off of the alley, behind a building, shall not require landscaping providing the site landscaping requirement has been met.

3. Where feasible, landscaping in commercial and office professional parking areas shall include one fifteen (15) gallon tree for every four parking spaces evenly distributed throughout the parking area.

4. Where feasible, site landscaping shall include a combination of trees, shrubbery, vines , and groundcovers, all of which shall be drought-tolerant;

5. All landscaped areas shall be watered by an automatic irrigation system and regularly maintained in a healthy and thriving condition free of weeds, trash, debris;

6. Street trees, in accordance with the specific plan Street Tree Master Plan, shall be provided along all street frontages.

7. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4' diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in Landscape plans.

9. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

o. General Site Planning: In the D-CM-2 Zone, the following development standards shall apply:

1. Site planning shall include consideration of adjoining parcels in terms of building configuration, building design, and scale of landscaping materials, circulation/parking configuration and access.

2. Except as otherwise specified in Section 3.2.3 B-1, all uses shall be located within an enclosed building unless authorized by a Minor Use Permit.

3. Stand-alone residential shall not exceed 25% of the total gross acreage of the subdistrict area.

4. Density for each stand-alone residential project shall not exceed 25 dwelling units per net acre.

p. Mixed Use Site Planning: In the D-CM-2 Zone, the following development standards shall apply for projects which mix residential with commercial uses on the same development site:

1. Residential uses shall be located above and/or behind the primary commercial or office professional use.

2. Separate building entrances shall be required for residential and commercial/office professional uses when occupying the same structure (This does not preclude secondary interior access between commercial and residential uses, in addition to the required separate accesses, provided that residential access to or through commercial uses avoids unsafe commercial areas).

3. Residential uses shall not exceed 50 percent of the gross building floor area for the development site; except that, when a development project includes one or more dwelling units guaranteed affordable to low or very low income households as defined in the Encinitas Housing Element, residential uses may exceed 50 percent of the gross building floor area by the amount of gross floor area of the guaranteed affordable unit(s).

q. Building Design and Use: In the D-CM-2 Zone, the following development standards shall apply:

1. All buildings are encouraged to minimize energy consumption, using such features as:

2. Sidewalk Dining (commercial or mixed use):

i) Outdoor dining areas that encroach into the public right-of-way shall require an encroachment permit and must maintain a minimum 4-foot clearance which excludes planter areas, fire hydrants, street lights, other street furniture, and on-street auto parking overhang.

ii) Encroachment permits for outdoor dining within public right-of-ways require the following information:

a) Location and brief description of the proposed encroachments.

b) Provide a site plan showing local conditions, including street and sidewalk width, and location of all street furniture, acceptable to the City Engineer.

c) Specify the number of tables and seating requested and not to exceed amount.

d) Permit may be revoked by the city after a 30-day notice.

e) Hours of operation shall be pre-determined through the encroachment permit and limited to an associated adjacent eating and drinking establishment.

f) No sound amplification device, musical instrument or sound reproduction device shall be operated or used with outdoor dining, and outdoor lighting shall comply with performance standards, and be approved by the City.

g) Prior to issuance and approval of a permit, a finding shall be made by the Office of the Community Development Director that the outdoor dining will not adversely affect the neighborhood nor be detrimental to persons residing, visiting or working in the area.

h) A liability insurance policy naming the city as additionally insured for $1,000,000 shall be on file with the City Engineer.

r. Access, Circulation, and Parking: In the D-CM-2 Zone, the following development standards shall apply:

1. Where feasible, vehicular access shall be taken from the alley rather than from Second Street.

2. Where vehicular access off of Second Street is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

3. All alleys shall be retained for vehicular access, and shall not be vacated.

4. Access points to adjoining lots shall be shared wherever feasible.

5. Major street access points to centers or groups of parcels sharing a single point of ingress and egress shall be coordinated with openings in access points on the opposite side of the roadway;

6. Sidewalks or other safe pedestrian walkways shall be located along Second Street;

7. Where feasible, parking areas shall be located off the alley or to the rear of a building. Parking areas abutting streets shall be screened by earth mounding, landscaping, low decorative walls, lowering the grade of the parking area below the street grade, or a combination of any of these methods.

s. Auxiliary Structures/Equipment and Utilities: In the D-CM-2 Zone, the following development standards shall apply:

1. All roof appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view 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, shall be screened from view;

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 an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, per Municipal Code Section 23.36.120. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. All locations for trash and recyclable material storage visible from adjacent public streets and/or public view shall be enclosed by a six-foot high masonry wall with view-obstructing gates. Where feasible, trash and recyclable material receptacles shall be located off of the alley behind the building.

5. Outdoor storage areas approved by Minor Use Permit shall be located to the rear of a building and 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 and view obscuring material may be approved during Design Review. This requirement does not apply to approved temporary uses and approved outdoor sales areas, or agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

t. Lighting: In the D-CM-2 Zone, the following standards shall apply:

1. Exterior lighting shall be architecturally integrated with the building(s) on site;

2. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Freestanding lamp posts shall be no taller than 18 feet. The intensity of light at the boundary of the development site shall not exceed 75 foot lamberts from a source of reflected light.

u. Architectural Features, Accessory Structures, Walls/Fences: In the D-CM-2 Zone, the following development standards shall apply:

1. Accessory structures shall not be located in front of or on the street side of the main building(s);

2. Accessory structures shall meet the rear or side yard setback requirements for main buildings;

3. Architectural features, such as canopies, eaves, steps, balconies, stairways, and others may project into any required minimum setback areas for residential uses to the extent allowed by Uniform Building Code (UBC);

4. Freestanding walls or fences between any street frontage and a principal building on site shall not exceed four feet in height. Where a retaining wall is used to increase usable lot area, a wall or fence not exceeding four feet in height also may be erected, provided that the wall or fence is set back a minimum of five feet from the retaining wall.

5. The use of chain link, barbed wire and razor wire for fencing within public view shall be prohibited.

6. Signage Regulations: Except as otherwise specified below, the mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-CM-1 zone.

a. Freestanding A-frame signage: In addition to other types of permitted signage, freestanding A-frame signs shall be allowed.

1. No more than one A-frame sign is permitted per business.

2. No A-frame sign shall be illuminated, externally or internally.

3. No A-frame sign shall be permanently affixed to the ground or other object, but shall be portable, and shall be placed out only during the operating hours of the business it is advertising.

4. No A-frame sign shall be placed within the vehicle parking or lanes, or within a pedestrian walkway so as to leave less than four foot width of passage clearance.

5. No A-frame sign shall exceed 2 1/2 feet in height or 2 feet in width.

b. Public Sidewalk Placement of A-frame Signs: A-frame signs which encroach into the public right-of-way are subject to prior issuance of an encroachment permit by the City. In addition to the above standards for A-frame signs the following applies:

1. The placement of the A-frame sign must maintain a minimum of four foot clearance of passage, which excludes planter areas, fire hydrants, street lights, street furniture, on-street auto parking overhang, and any other approved sidewalk dining area.

2. Encroachment permits for public sidewalk A-frame signs require the submittal of the following information and are subject to the following limitations:

i) Submit a brief description of the proposed encroachment and its proposed location on the public sidewalk.

ii) Submit a site plan showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk, acceptable to the City Engineer.

iii) A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the City Engineer.

iv) An issued encroachment permit may be revoked by the City after a 30 day notice.

7. Design Recommendations: In the D-CM-2 Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation.

C. Zone: Visitor Commercial Mixed (D-VCM)

This zone is intended to primarily provide for commercial activities such as hotel/motel uses, campgrounds, eating and drinking establishments, food and beverage retail sales (convenience), participant sports and recreation, entertainment uses and other principal visitor-serving uses which are specifically intended to serve the needs of persons visiting the City. All other permitted or conditionally permitted uses specified in the Specific Plan for areas zoned Visitor Commercial Mixed (D-VCM), such as business and professional office and residential uses shall be considered ancillary uses to the principal allowable uses. Ancillary or non-principal uses and required off-street parking shall not occupy or utilize more than 30 percent of the ground floor area.

Development offering mixed visitor-serving commercial or office (business or professional) uses with restricted residential use may be allowed, with the intent of providing housing opportunities and of mitigating the impacts between new mixed visitor-serving commercial/office and residential uses.

There are several separate parcels under this zone. However, development is intended to be visually and functionally integrated throughout the zone district, with integrated parking, pedestrian access and other elements.

Visitor-Serving Commercial is intended to provide for commercial activities which are specifically intended to serve the needs of persons visiting the City for business or recreational purposes.

Office Professional is intended to provide primarily for the development of professional and business offices.

Residential is intended to provide for multiple-family residential including apartments, condominiums, and senior housing, with a maximum density of 18 units per net acre.

D-VCM R-30 Overlay (OL) is intended to provide additional residential development opportunities to comply with the City's Regional Housing Needs Assessment (RHNA) allocation for sites to accommodate lower income housing with a minimum density of 25 units per acre and a maximum of 30 units per acre.

The following principal uses shall be permitted in the D-VCM Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Alcoholic Beverage Sales off premises (Ord. 91-03) Antique Sales, Retail Aquarium, Commercial Art Gallery Artisan/Craftsman (sales & studio) Bakery (retail) Barber and Beauty Shop (Cosmetologist) Bed & Breakfast Book Sales Candy and Confectionery Sales Convenience Store Co-Working Space Day Care Center Dry Cleaning, Retail and Self-Service Dwelling Unit, Caretaker - accessory to the principal use (Ord. 91-07) Dwelling Unit, Multiple Family 1 Educational Institution, Public Fire Station Florist Shop Gift Shop Glass Studio (Stained and others) Grocery Store Hair Salon (Ord. 91-03) Hat Shop Health Food Store Hotel Ice Cream Parlor Jewelry Sales Market (Food) Museum Music/Record Store Motel Newsstand Office (Business and Professional) Pottery Sales Real Estate Office Residential Care, Limited (6 or fewer) 1 Restaurant (no alcohol sales; outdoor dining permitted) Retail Sales Schools, Public: (Elementary, Jr. High, High School) Sidewalk Dining (encroachment permit required) Single Use Occupancy Housing 1,3 Sporting Goods Sales Stationery Store Supportive Housing 1,2 Surf Shop Retail Transitional Housing 1,2 Wearing Apparel Shop

2. Minor Use Permits:

3. Major Use Permits:

4. D-VCM R-30 OL Permitted Uses: Permitted Uses in the D-VCM Overlay shall be the same as those described in Section 3.2.C.1 to 3.2.C.3, above, in addition to those uses permitted under the R-30 OL zone in Title 30, Chapter 30.09 of the Encinitas Municipal Code.

a. Mixed use requirements in D-VCM R-30 OL. For mixed uses in the D-VCM overlay, a minimum of 50% of the site shall accommodate residential development at a minimum density of 25 dwelling units per acre and a maximum of 30 dwelling units per acre.

5. Development Standards: Except as specified below, the development standards under the D-VCM Zone shall be those specified under Section 30.20.010 of the Encinitas Municipal Code for the VSC Zone. In case of conflict between standards, those specified below shall prevail.

f. General Site Planning: Development on all the separate parcels of the D-VCM Zone shall be visually and functionally integrated per the parameters below, whether accomplished as one project, or built as separate projects. A proposal for development on a portion of the zone district shall anticipate and accommodate integration with the remainder of the district, as approved through design review, including but not limited to the following parameters:

1. Common Architectural design and style of structures.

2. Shared pedestrian alleys and walkways, with reciprocal easements or deed restrictions as needed.

3. Shared auto alleys and parking, with reciprocal easements or deed restrictions as needed.

g. Mixed Use Site Planning: In the D-VCM Zone, the following development standards shall apply:

1. Residential uses shall be located above and/or behind the primary visitor-serving commercial or office use.

2. Separate entrances shall be required for residential and commercial/office uses (This does not preclude secondary interior access between commercial and residential uses, in addition to the required separate accesses, provided that residential access to or through commercial uses avoids unsafe commercial areas).

3. Residential units may not exceed 50 percent of the gross building floor area for a development site.

h. Access, Circulation, and Parking: In the D-VCM Zone, the following development standards shall apply:

1. Vehicular access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

2. Sidewalks or other safe pedestrian walkways shall be located along First Street, C Street, and alley or Third Street (whichever is applicable).

3. Above-ground parking areas shall be located off the alley or C Street and to the rear of buildings. Parking shall be prohibited in front yard area along First Street. Underground parking is preferred.

4. C Street shall be extended to First Street as a private drive.

5. Vehicular access can be taken off of First Street.

6. Access points to adjoining lots shall be shared wherever feasible.

7. Reciprocal ingress and egress, circulation, and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties without the need to enter public streets.

i. Landscaping: In the D-VCM Zone, the following development standards shall apply:

1. Landscaping in parking areas shall include one fifteen (15) gallon tree (minimum) for every four parking spaces evenly distributed throughout the parking area.

2. A minimum of 15 percent of the site area shall be landscaped.

3. Landscaping shall be in accordance with Section 4.8, Landscape Guidelines.

4. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4' diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in Landscape plans.

5. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

j. Walls/Fences: In the D-VCM Zone, chain-link, barbed and razor wire fencing shall be prohibited.

k. Sidewalk Dining:

1. Outdoor dining areas that encroach into the public right-of-way shall require an encroachment permit and must maintain a minimum 4-foot clearance which excludes planter areas, fire hydrants, street lights, other street furniture, and on-street auto parking overhang.

2. Encroachment permits for outdoor dining within public right-of-ways require the following information:

i) Location and brief description of the proposed encroachments.

ii) Provide a site plan showing local conditions, including street and sidewalk width, and location of all street furniture, acceptable to the City Engineer.

iii) Specify the number of tables requested and not to exceed amount.

iv) Permit may be revoked by the City after a 30-day notice.

v) Hours of operation shall be pre-determined through the encroachment permit and limited to an associated adjacent eating and drinking establishment.

vi) No sound amplification device, musical instrument or sound reproduction device shall be operated or used with outdoor dining, and outdoor lighting shall comply with performance standards, and be approved by the City.

vii) Prior to issuance and approval of a permit, a finding shall be made by the Office of the Community Development Director that the outdoor dining will not adversely affect the neighborhood nor be detrimental to persons residing, visiting or working in the area.

viii) A liability insurance policy naming the city as additionally insured for $1,000,000 shall be on file with the City Engineer.

6. Development Standards: Except as specified below, the development standards under the D-VCM R-30 OL Zone shall be those specified under Section 30.16.010 of the Encinitas Municipal Code for the R-30 Overlay Zone. In case of conflict between standards, those specified below shall prevail.

In addition, the following sections of the D-VCM Zone shall apply: 3.2.3C.5.f, 3.2.3C.5.g.2, 3.2.3C.5.i, 3.2.3C.5.j, and 3.2.3C.5.k.

7. Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-VCM Zone.

8. Design Recommendations: In the D-VCM Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation.

D. Zone: Office Mixed (D-OM)

This zone is intended to provide a zoning district that allows individual properties to develop as either residential, office professional, or a mix of both. In a mixed use, residential uses may be allowed on the same property or in the same structure, with the intent of providing housing opportunities and of mitigating the impacts between new mixed office professional and residential developments. This zone is unique to the east side of Third Street between E and F Streets, and is intended as a relatively low-intensity transition from the residential uses along Third and public school across the street, to the more active mixed-use district to the east along Second Street.

Office Professional is intended to provide primarily for the development of professional and administrative offices. The range of non-residential uses is intended to be limited to true office and similarly low-intensity uses.

Residential, as a primary use, is intended to provide single-family units (attached or detached), duplex units, and senior housing, with a maximum density of 15 units per net acre.

It is the intention of the D-OM Zone to allow for significant functional and physical integration of project components of different adjacent uses as well as mixed office professional and residential uses. Consideration will be given to joint use of parking, landscaping, specific D-OM types of uses and associated intensities, housing types and sizes of units, and overall architectural design.

The following principal uses shall be permitted in the D-OM Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

Acupuncture (Ord. 2015-01) Chiropractor (Ord. 2015-01) Cottage Food Operations (accessory to a residential use per EMC 30.48.040L) (Ord. 2015-01) Co-Working Space Day Care Center (more than 6 children/clients) Dwelling Unit, One-Family Dwelling Unit, Two-Family Dwelling Unit, Three-Family Dwelling Unit, Multiple Family Educational Institution, Public Employment Agency Family Day Care Home, Small or Large (accessory to a single family dwelling only) Fire Station Home & Business Maintenance Service Home Occupations Interior Decorating Service Library Medical/Dental Clinic Medical/Dental Office Mobile Home (individual dwelling unit) Office (Business and Professional) Optical Products Sales (Retail sales in conjunction w/optometrist/optomologist prof. office) Orthopedic Devices Sales (in conjunction w/related medical office services) Photographic Studio Post Office Postal Annex, Private Ownership Public Utilities: Office Qualified Employee Housing (six employees or fewer) 1 Real Estate Office Residential Care, Limited (six or fewer) Schools, Public: (Elementary, Jr. High, High School) Supportive Housing 2 Telephone Answering Service Transitional Housing 2

2. Minor Use Permits:

3. Major Use Permits:

4. Development Standards:

k. General Site Planning: In the D-OM Zone, the following development standards shall apply:

1. Site planning shall include consideration of adjoining parcels in terms of building configuration, building design, and scale of landscaping materials, circulation/parking configuration and access.

2. All uses shall be located within an enclosed building unless authorized by a Minor Use Permit.

l. Mixed Use Site Planning: In the D-OM Zone, the following development standards shall apply:

1. Residential uses shall be located either above or behind the primary office professional use.

2. Separate entrances shall be required for residential and office professional uses when occupying the same structure (This does not preclude secondary interior access between commercial and residential uses, in addition to required separate accesses, provided that residential access to or through commercial uses avoids unsafe commercial areas).

3. Residential uses may not exceed 50 percent of the gross building floor area for a development site.

m. Building Design and Use: In the D-OM Zone, the following development standard shall apply:

1. All buildings are encouraged to minimize energy consumption, using such features as:

n. Additional Setbacks and Separation from Adjacent Land Uses: In the D-OM Zone, the following development standards shall apply:

1. Where an office professional or mixed use development abuts an adjacent separate development site devoted exclusively to residential use, a masonry wall of no less than six feet in height shall be required, and may be increased to eight feet to resolve any noise or visual impacts. Said wall shall be measured from the highest finished grade at the property line. Where the adjacent grade of the abutting residential property is four or more feet lower or higher than the commercial site, the masonry wall shall be a minimum of six feet in height. In addition, 15 gallon trees, 25 feet on-center, and shrubbery between the trees shall be installed and maintained along the inside of the wall in a raised planter at least five feet in width to provide a dense landscape screen.

o. Access, Circulation, and Parking: In the D-OM Zone, the following development standards shall apply:

1. Vehicular access shall be taken from the alley for all new development, and as feasible for additions to or remodeling of existing structures.

2. Where vehicular access off of Third Street is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

3. All alleys shall be retained for vehicular access, and shall not be vacated.

4. Access points to adjoining lots shall be shared wherever feasible.

5. Reciprocal ingress and egress, circulation, and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties where feasible, without the need to enter public streets;

6. Sidewalks or other safe pedestrian walkways shall be located along Third Street;

7. Parking areas shall be located off the alley or to the rear of a building for all new construction, and where feasible for additions to or remodeling of existing buildings. Parking areas abutting Third Street, "E" Street or "F" Street shall be screened by earth mounding, landscaping, low decorative walls, lowering the grade of the parking area below the street grade, or a combination of any of these methods.

p. Auxiliary Structures/Equipment and Utilities: In the D-OM Zone, the following development standards shall apply:

1. All roof appurtenances including, but not limited to air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view 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, shall be completely screened from view;

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 an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, per Municipal Code Section 23.36.120. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. All locations for trash and recyclable material storage visible from adjacent public streets and public view shall be enclosed by a six-foot high masonry wall with view-obstructing gates. Where feasible, trash and recyclable material receptacles shall be located off of the alley behind the building.

5. Outdoor storage areas shall be prohibited, except for accessory storage customarily appropriate to residential uses. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

q. Landscaping: In the D-OM Zone, the following development standards shall apply:

1. Landscaping in office professional, mixed use or multi-family parking areas shall be predominantly trees to provide shade and visual relief. Parking areas located off of the alley, behind a building, shall not require landscaping providing the site landscaping requirement has been met.

2. Where feasible, landscaping in parking areas shall include one fifteen (15) gallon tree for every four parking spaces evenly distributed throughout the parking area.

3. Where feasible, site landscaping shall include a combination of trees, shrubbery, vines, and groundcovers, all of which shall be drought-tolerant;

4. All landscaped areas shall be watered by an automatic irrigation system and regularly maintained in a healthy and thriving condition free of weeds, trash, debris;

5. A minimum of 15 percent of any development site area shall be landscaped; and street trees, in accordance with the specific plan Street Tree Master Plan, shall be provided along all street frontages.

6. Landscaping shall be in accordance with Section 4.8, Landscape Guidelines.

7. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4' diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in Landscape plans.

8. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

r. Lighting: In the D-OM Zone, the following standards 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. Freestanding lamp posts shall be no taller than 18 feet. The intensity of light at the boundary of a development site shall not exceed 75 foot lamberts from a source of reflected light.

s. Architectural Features, Accessory Structures, Walls/Fences: In the D-OM Zone, the following development standards shall apply:

1. Accessory structures shall not be located in front of or on the street side of the main building(s);

2. Accessory structures shall meet all of the setback requirements for main buildings where applicable;

3. Architectural features, such as canopies, eaves, steps, balconies, stairways, and others may project into any required setback area as allowed by the Uniform Building Code (UBC);

4. Freestanding walls or fences between any street frontage and a principal building on site shall not exceed four feet in height. Where a retaining wall is used to increase usable lot area, a wall or fence not exceeding four feet in height also may be erected, provided that the wall or fence is set back a minimum of five feet from the retaining wall.

5. Chain link and barbed wire fencing shall be prohibited.

t. Condominium Conversion: In the D-OM Zone, the conversion of the project to condominium ownership shall meet all requirements of the zone within the constraints of the existing development.

5. Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-OM Zone.

3.2.4 Public/Semi-Public Zones

A. Zone: Civic Center (D-CC)

This zone district is intended to provide for activities operated by the City, County, or other governmental agencies such as the Encinitas Fire Protection District, school districts, water districts, and sewer districts. It applies to the site of the City's central administrative offices and Council Chambers acquired in 1992 (the previous "Vulcan Square" commercial center) and the adjacent water district and County library sites on Cornish Drive (the full block bounded by Cornish Drive, D and E Streets and Vulcan Avenue).

This Zone is unique among public/semi-public zones in the City, in that it recognizes the functions of the City's main public offices, "City Hall." The development standards are tailored to this district's specific setting, topography, and potentialities; for example, protective setbacks from adjacent residential districts; and specialized lot coverage and floor area ratio provisions. It also uniquely recognizes the appropriateness of a limited number and type of private local commercial opportunities, restricted to the immediate frontage of Vulcan Avenue, conveniently located to serve the proposed transit center facilities, for any future redevelopment of this site.

The following principal uses shall be permitted in the D-CC Zone and are identified as either a permitted, minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses are prohibited.

1. Permitted Uses:

2. Minor Use Permits:

3. Major Use Permits:

Cellular Facility (Ord. 91-03) Electrical Distribution Substation Garage, Public parking Open Air Theater Public Utility Service Yards

4. Development Standards: Except as specified below, the development standards specified under Chapter 30.28 of the Encinitas Municipal Code (P/S-P Zone) shall apply under the D-CC Zone. In case of conflict, the standards specified below shall prevail.

a. Vulcan Avenue Setback: 0 feet

b. D Street Setback: 20 feet

c. E Street Setback: 20 feet

d. Cornish Avenue Setback: 20 feet

e. Interior Yard Setback: 0 feet

f. Building Height: Building height shall be limited to one story or 12 ft., for that portion of the zone district fronting Cornish Drive and extending westward 230 ft. from the street right-of-way along Cornish Drive. Westward from there, building height shall be limited to a horizontal extension of the height limit established above, and in addition shall not exceed 30 ft. In addition, any proposal for new development, building additions, or structure remodels which would increase existing building heights, shall be subject to design review to determine that no private views from adjacent residential properties or significant public views will be blocked.

g. General Site Planning: It is intended that all development and uses on all parcels under the D-CC Zone be integrated under a unified civic center site design. A proposal for development on a portion of the zone district shall anticipate and accommodate integration with the remainder of the district, including but not limited to the following:

1. Integrated architectural design and style of structures.

2. Shared pedestrian access and walkways as feasible.

3. Shared auto access and parking as feasible.

h. Building Design and Use: In the Civic Center Zone, the following development standards shall apply:

1. Any private commercial use shall be limited to building floor area fronting Vulcan Avenue.

2. Private commercial uses shall not exceed a maximum of 1,000 square feet per establishment.

i. Access, Circulation, and Parking: In the Civic Center Zone, the requirements of Chapter 30.54 of the Encinitas Municipal Code shall apply; in addition, parking for substantial new civic center development is encouraged to be located underground.

j. Landscaping: In the Civic Center Zone, the following development standards shall apply:

1. Landscaping for parking areas shall not be required, for parking located underground.

2. A minimum of 25 percent of the site area shall be landscaped and street trees in accordance with the specific plan Street Tree Master Plan shall be provided along all street frontages. Pedestrian plazas which include site amenities such as sculpture, fountains, planters, enhanced paving, etc. may be counted as landscaping. This does not relieve development sites of the requirement to provide minimum amount of trees and planting.

3. Landscaping shall be in accordance with Section 4.8, Landscape Guidelines.

4. Additional Landscape Requirements

i. All new and rehabilitated landscaping projects that require a permit shall comply with the City's Water Efficient Landscape Ordinance (92-40) except for the following:

Exemptions

(1) Homeowner-provided landscaping at single-family and multi-family projects.

(2) Registered historical sites.

(3) Ecological restoration projects that do not require a permanent irrigation system.

(4) Any project with a landscaped area less than 1,000 square feet.

ii. Street trees shall be provided per the Street Tree Master Plan, see Chapter 7.0.

iii. All trees in paved areas shall be provided with "deep root" barriers and a 4' diameter tree well with automatic irrigation and metal grates.

iv. Soils testing for plant suitability is recommended on each site, with the resulting laboratory recommendations to be followed in terms of soil amendment specifications in Landscape plans.

5. Installation and Maintenance

All required landscaping shall be properly installed, irrigated, inspected and permanently maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for landscaping and irrigation.

Maintenance of approved landscaping shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation systems and integrated architectural features.

k. Accessory Structures and Walls/Fences: In the Civic Center Zone, Chain link and barbed wire fencing shall be prohibited.

5. Signage Regulations: The mandatory signage standards, and review and approval procedures under Chapter 30.60 of the Encinitas Municipal Code shall apply to signs under the D-CC Zone.

6. Design Recommendations: In the Civic Center Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation.

B. Zone: Public/Semi-Public (D-P/SP)

Public/Semi-Public is intended to provide for activities operated by the City, county, or other governmental agencies such as the Encinitas Fire Protection District, school districts, water districts, and sewer districts; other semi-public uses, such as hospitals and other private institutions also may be included.

Use and development standards pursuant to Section 30.28.010, P/SP Zone of Title 30 of the Encinitas Municipal Code shall apply. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

3.2.5 Ecological Resource/Open Space/Parks Zones

A. Zone: Moonlight Beach Park (D-MBP)

This zone applies to all Moonlight Beach Park property and related lands set aside for the public's use as a passive and active community recreational area. Development is intended to be generally consistent with the concept Moonlight Beach Master Plan. The concept plan features picnic and viewing areas; volleyball courts; a tennis court; a basketball court; tot lot; fire rings; restroom, concession and maintenance building; Cottonwood Creek riparian zone and native planting; walkways; and substantial public parking. No private development may occur within this zone. Note the suggestion for additional underground parking in Chapter 1, "Unique Site Opportunities," for Moonlight Beach.

The Moonlight Beach Master plan is a concept plan, and has not been subject to required environmental review. Specific development of Moonlight Beach, other than accommodation of essential utility lines, shall be subject to major conditional use permit approval, pursuant to Title 30 of the Encinitas Municipal Code. The specifics of Moonlight Beach development shall be as determined through the conditional use permit process and related required environmental analysis and review Development standards pursuant to Chapter 30.32 of Title 30 of the Encinitas Municipal Code shall apply. Also refer to Sections 1.1 and 3.1 of this Specific Plan.

B. Zone: Neighborhood Park (D-NP)

This zone applies to land developed as the Mildred MacPherson Park, and is set aside for the public's use as a passive and active neighborhood recreational area; no private development may occur within this zone.

Any further park development shall be subject to minor conditional use permit approval, and development standards pursuant to Chapter 30.32 of Title 30 of the Encinitas Municipal Code. Also refer to Sections 1.1 and 3.1 of the specific plan.

C. Street End Parks

The west ends of B and C streets are incorporated as part of the Moonlight Beach park. The street end of D Street is developed as an ocean-viewing vista point and beach access; the end of I Street is partially developed as a vista point. The west ends of F, H, and J streets are designated by the General Plan Resource Management and Recreation elements as vista points to be developed. As a practical matter, the end of G Street reaches through to the ocean bluff and may also have potential as a street-end vista point. These existing and potential vista points are public street rights-of-way. They need to be subject to land use and development regulation, similar to private properties, if used as street-end vista points, beach access or "mini-parks."

Under this specific plan, the west end-streets of D, F, G, H, I and J streets may be developed and used as vista points, beach accesses or "mini-parks," subject to minor conditional use permit approval, and appropriate development standards per Chapter 30.32 of the Encinitas Municipal Code; and in addition shall comply with policies and provisions of the Encinitas General Plan, Land Use, Resource Management and Recreation elements, related to vista points and beach accesses.

3.2.6 Transportation Corridor Zone (D-TC)

The Transportation Corridor zone of this specific plan is intended to ensure the preservation of lands in the coastal railroad corridor for public transportation needs; and for appropriate secondary uses including, recreational trails, public parking, public street improvements and parks, as long as the primary transportation use is not inhibited.

The following uses shall be permitted in the D-TC Zone. All other uses are prohibited:

1. Permitted Uses: Establishment and development of permitted uses shall be subject to Design Review.

Bus Stop (drop-off & pick-up only) 1 Cellular Facility (Ord. 91-03) Gas Distribution, Meter and Control Station Limousine/Shuttle Bus Stop - 2 spaces (drop-off & pick-up only) 1 Newsstand 1 Public Parking Rail Station Public Recreational Trails/Linear Park Recycling Facilities (see Recycling Facilities, Chapter 30.56 , Title 30 of the Encinitas Municipal Code) 1 Taxi Stop - 2 spaces (drop-off & pick-up only) 1 Utility Lines - Sewer, Gas, Petroleum, Telephone, Electric 2

2. Major Use Permits:

3. Development Standard: The development and parking requirements and regulations applicable through Title 30 of the Encinitas Municipal Code under the GC Zone, shall be considered for any development in the D-TC Zone. Applicable design guidelines under Chapter 4.0 of this Specific Plan shall also apply. In the event of any conflict, the provisions of this Specific Plan shall prevail.

3.2.7 Special Purpose Overlay Zones

The provisions, restrictions and requirements of the following zoning overlays apply in addition to site-specific zoning established under this specific plan.

A. Overlay Zone: Coastal Bluff (CBO)

Coastal Bluff Overlay is intended to provide recognition of the bluff areas as dynamic land-ocean interfaces that are subject to change as a result of natural and man-made factors, and which must be considered as a constraint to development. Refer to Section 3.1, Residential West and Moonlight Beach Park Subdistricts.

The application of this overlay and development standards pursuant to Section 30.34.020 of Title 30 of the Encinitas Municipal Code shall apply.

B. Overlay Zone: Scenic/Visual Corridor (SVC)

Scenic/Visual Corridor Overlay is intended to identify those areas where significant aesthetic and visual resources are present (Ord.89-41). Refer to Section 3.1, First Street Corridor Subdistrict.

The application of this overlay and development standards per Section 30.34.080 of Title 30 of the Encinitas Municipal Code shall apply.

C. Overlay Zone: Hillside/Inland Bluff (H/IBO)

Hillside/Inland Bluff Overlay is intended to provide recognition of hillside and inland bluff areas as sensitive natural features which represent significant constraints to development. Refer to Section 3.1, Cozen's Site Subdistrict.

The application of this overlay and development standards per Section 30.34.030 of Title 30 of the Encinitas Municipal Code shall apply.

D. Overlay Zone: Cultural/Natural Resources (C/NRO)

Cultural/Natural Resources Overlay is intended to provide recognition of areas containing important man-made cultural and historic resources, and ecologically sensitive plant and animal habitats, as constraints to development. Refer to Section 3.1, Moonlight Beach Park Subdistrict and Chapter 8.0.

The application of this overlay and development standards per Section 30.34.050 of Title 30 of the Encinitas Municipal Code shall apply.

E. Overlay Zone: Historic Preservation (HPO) (Ord. 2009-15)

The Historic Preservation Overlay is intended to protect, for the benefit of present and future generations, the historic integrity of certain historically significant properties and/or structures located within the Downtown Encinitas Specific Plan. It is the further intent of this overlay zone to provide for the long-term continued preservation of such designated historic resources by providing flexibility in permitted uses more befitting to the economic viability of an historic resource than may otherwise exist under the permitted uses of the underlying zone.

Establishment of permitted uses beyond those permitted in the underlying zone shall be subject to the following provisions:

1. Applicability:

The following provisions apply to all properties within the Downtown Encinitas Specific Plan area, excluding, however, residentially zoned properties located on the east side of Vulcan Avenue due to limited on-street parking and the potential to create future land use conflicts.

2. Eligibility Criteria for Historic Resources:

To qualify as a historical resource for purposes of these provisions, a historical survey shall be prepared by a qualified professional historian, which demonstrates the historical significance by meeting one of the following requirements in this section and, additionally, shall be 50 years of age or older.

a. The historic resource exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, or architectural history; or

b. The historic resource is identified with persons or events significant in local, state or national history; or

c. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or

d. It is representative of the notable work of a builder, designer, or architect; or

e. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature or landmark of a neighborhood, community, or the City.

3. Review Process:

a. Uses which involve parcels containing historical sites and/or structures shall require a survey by a qualified professional historian[2] to be submitted by the applicant to determine the site/structure's historical significance.

[2]

Qualified Professional. An individual meeting the Secretary of the Interior's Professional Qualifications Standards as stipulated in the Secretary of the Interior's Standard.

b. Specific uses may be permitted for historic resources within the Historic Preservation Overlay Zone pursuant to the provisions of this Section and upon approval of a Major Use Permit.

c. Residential District – To encourage investment in the historic restoration of existing structures, limited small-scale businesses may be considered for historic resources located in residential districts. These businesses may operate out of a historic structure provided that the following findings can be made:

i. The residential character of the neighborhood and the integrity of the historic structure is not substantially altered[3]:

[3]

Substantially Altered. The demolition, destruction, relocation, new construction or alteration activities that would impair the significance of a historical resource.

ii. The nature of the use is such that it will be compatible with and will not adversely impact the neighborhood;

iii. The use is reasonably necessary for the continued preservation of the historically significant structure in which it is to be located, and is compatible with the historic character of the structure.

Small-scale businesses may include, but are not limited to, uses such as artist studios or offices for photographers, architects, attorneys, chiropractors. All proposed uses shall be subject to the Planning Commission making the necessary findings to allow such uses.

d. Existing and Previously Existing Uses – The established historic use of a resource (defined as the original resource use or the use for which the resource was designated) or an existing use not otherwise permitted in the underlying zone shall be permitted and may continue provided that the following findings can be made:

i. For existing uses, the use has been legal and continues to operate. Expansion of existing uses would be subject to a Major Use Permit;

ii. The nature of the use is such that it will be compatible with and will not adversely impact the neighborhood;

iii. The character of the neighborhood and the integrity of the historic structure is not substantially altered;

iv. The proposed use is reasonably necessary for the continued preservation of the historically significant structure in which it is to be located, and is compatible with the historic character of the structure;

v. Removal of the use to another location would effectively end the significance of the historical designation on the property, if applicable; and

vi. The use has been legally and continuously operating for at least 50 years.

e. Public Access to a Historically Preserved or Restored Interior.

Public access is defined as establishment of a museum of public display of a historic interior or a use in which the interior is generally accessible to the public during normal business hours. The Major Use Permit may specify areas which are to customarily remain open to the public for the approved use. Extraordinary access such as historic tours is not typically required unless extraordinary access is a required condition of the use permit approval.

(Amended 5/11/95 Ord. 95-04; Ord. 2016-08; Ord. 2021-04; Ord. 2019-16; Ord. 2019-14; Ord. 2019-04; Ord. 2017-03; Ord. 2015-01; Ord. 92-28; Ord. 91-03)

3.3.1 Introduction

Early in the specific plan process, parking needs were identified as an issue of substantial concern for the Downtown Encinitas area. Parking which is customer-convenient, as well as having an adequate number of spaces, is seen as vital to the long-term success of the commercial districts on First and Second Streets. Adequate parking in these districts will help avoid the nuisance of overflow parking onto adjacent residential streets. In the planning area as a whole, adequate parking requirements for new development will assure future access and avoid the kind of congestion and street overcrowding too often exhibited in southern California coastal neighborhoods.

The traditional zoning strategy for providing adequate and convenient parking has been simply to require development to provide off-street parking on each development site as per ratios of parking demand created by each land use. This is a time-tested strategy which has proven largely successful and which should continue to be used as applicable. The ability to use this approach in the First and Second Street corridors, however, is limited by existing older development and small lot sizes. It often is not possible to provide the number of off-street parking stalls which city standards require on these smaller lots with existing buildings limiting site layout.

Relying on standard off-street parking requirements for the First and Second Street Subdistricts, then, does not appear realistic; could stifle economic development by discouraging new commercial uses; and could even encourage consolidation of lots and demolition of existing buildings. These effects would be directly contrary to the goals of economic development and maintenance of the historic and "mainstreet" character of the Downtown Encinitas area.

For these reasons, this specific plan provides special parking strategies for the First and Second Street Corridor Subdistricts. These are designed to provide adequate parking but still retain the character of the downtown commercial core.

Parking incentives, as well as requirements, also are provided. The modification of parking requirements can be a powerful inducement to the achievement of certain goals; in this case, the economic rehabilitation of existing buildings, and the affordability of dwelling units. Such inducements are limited so as not to defeat the goal of assuring adequate parking.

These strategies relate primarily to the First and Second Street corridors. Remaining subdistricts of the specific plan present a range of planned land uses. Primarily, land use and development in these subdistricts is expected to satisfy parking demand by traditional off-street parking development. Combined, the parking requirements and strategies in the Downtown Encinitas Specific Plan should satisfy parking need, and assure public accessibility in this coastal district. Following are descriptions of the parking strategies applied to each subdistrict.

3.3.2 Parking Strategies

A. Haciendas de la Playa Condominiums Subdistrict

Haciendas de la Playa Condominiums Subdistrict consists entirely of the Haciendas de La Playa condominium development. This is a relatively recent development and already provides off-street parking to meet its generated demand. Planning and zoning under this specific plan (D-R15 Zone) match its existing residential density and character and no significant new development is expected on this site. There is no need for special parking strategies for this subdistrict. The parking requirement for this subdistrict carries over the standard off-street parking requirement from the citywide R-15 Zone.

B. Residential East Subdistrict

Residential East Subdistrict is the "residential east" neighborhood. This subdistrict is nearly all residential (D-R11 Zone) with the exception of the Mildred MacPherson Park site, the Derby House, and two office buildings north of the Derby House on Vulcan Avenue.

Due to the current, incomplete improvement of neighborhood streets in the interior of this subdistrict and the desire to keep them minimal and "rustic" in character, these streets cannot be relied upon to accommodate parking. Vulcan Avenue will provide on-street parking opportunities intermittently (Reference Chapter 5, street improvements for the Residential East subdistrict). For these reasons it is vital that this subdistrict require adequate off-street parking with development. This specific plan requires provision of off-street parking for all new development as per citywide standards for all zones in this subdistrict.

Off-street parking for the office buildings on Vulcan Avenue (D-OP Zone) is already provided by those developments. The Derby House (D-LVSC) site consists of four original lots with enough open area to apparently meet parking needs for increased usage.

Neighborhood parks are not required by standards to provide any off-street parking, but Mildred MacPherson Neighborhood Park includes on-street parking along Vulcan Avenue between I and J Streets. The width of the street for parking here may be wide enough to consider diagonal parking spaces, but safety of traffic along Vulcan Avenue must be considered.

C. Residential West Subdistrict

The Residential West Subdistrict is mostly several zones which are exclusively residential (D-R8, D-R15, D-R25), and also includes the Pacific View Elementary School (D-P/SP Zone) and the small mixed residential/office zone immediately east of the school (D-OM Zone). Streets in this subdistrict range from formal and broad, providing on-street parking, to very informal and minimal, little more than alleys providing minimum access. The school itself generates a certain amount of intermittent on-street parking demand, and this plan provides that adjacent streets be restricted for drop-off parking.

Even with planned parking resources for Moonlight Beach, the general draw of the coastline for active and passive public access is likely to create an increasing demand for street parking over time; note the existing and additional new passive street-end coast viewpoints along the western edge of this subdistrict. For these reasons, this specific plan requires that uses in all of the zones of this subdistrict provide required parking off-street per the specified parking ratios, as development occurs. No other strategies are applied to this area.

Moonlight Beach should continue to be a strong parking draw. Substantial off-street parking facilities are included in master planning for Moonlight Beach; and a suggestion is made for additional, underground parking at the main upper parking lot for the beach (Reference Chapter 3, D-MBP and Chapter 1, "Unique Site Opportunities").

D. South Coast Highway 101 (First Street) Corridor Subdistrict (amended Ord. 2011-05)

First Street Corridor Subdistrict, as noted above, is one of the key subdistricts where specialized parking strategies are provided to meet parking needs while maintaining district design and character. The intent is to allow the combination of these strategies, as applicable, to the total parking requirement for each individual use or development.

For this reason, this specific plan proposes to allow for joint use of transit station parking as a strategy for the First Street Corridor Subdistrict, under limited conditions. The La Paloma Theater is a use expected to generate significant demand during evening hours, and is located immediately adjacent to the transit station's proposed parking. This specific plan provides that parking for the La Paloma, and other businesses which are immediately adjacent and accessible to transit station parking, which can demonstrate a parking demand during evening/weekend hours, may be satisfied by a recorded joint-use agreement for transit station parking to be approved by conditional use permit. However, in no circumstances shall exclusive or joint use of the transit center parking lot be permitted to satisfy parking requirements for any existing or proposed development during peak transit center station hours (weekday business hours).

Other parking strategies for the First Street Subdistrict have been considered. It is possible, through formation of a parking assessment district and allowance of inlieu parking fees, to pursue a system of public parking lots located along the corridor. The land for these shared public lots would have to be bought and the lots developed. These costs would have to be covered, as well as the question of which properties to use for such purpose, and how to earmark them for this purpose short of condemnation. Also to be considered is the appearance and design effect of open auto parking lots along this "Main Street" corridor.

Subsequent to the adoption of the specific plan, the City may pursue the creation of a system of public parking lots for the Downtown Encinitas commercial core.

E. Second Street Corridor Subdistrict (amended Ord. 2011-05)

Second Street Corridor Subdistrict, along with South Coast Highway 101 (First Street), is provided with several parking strategies for land uses to take advantage of.

F. Cozen's Site Subdistrict

Cozen's Site Subdistrict provides another mixed-use zone which anchors the north end of the Downtown Encinitas commercial core. This development site is allowed to have a more intensive building envelope than most other districts, and it is anticipated that this will support a basement level of parking. This provides a large parking potential to draw upon, and no other parking strategies are set forth for this subdistrict. Development on this site is required to satisfy its parking requirement with on-site parking.

The parking incentive for dwelling units guaranteed as affordable to low or very low income households, which applies in the First and Second Street corridors, also applies in the Cozen's Site Subdistrict. This applies to units in mixed commercial-residential developments.

G. Civic Center Subdistrict

This Subdistrict is the civic center site recently purchased by the City. Existing building square footage in the original shopping center, fronting on Vulcan Avenue, has been remodeled for municipal and Fire District offices. Existing San Dieguito Water District offices, fronting on Cornish Drive, have been incorporated into this use. The county branch library on Cornish Drive remains. This is the short-term use for this subdistrict anticipated by this specific plan. In the long term, the development of a comprehensive new civic center and library complex is possible in this subdistrict, and also is provided for by this plan.

Both these short-term and long-term uses should be responsible for providing off-street and on-site parking to meet the demand created by the combination of public offices and services. No special strategies are provided for this subdistrict, other than requiring off-street parking with development. Citywide parking requirements are carried over to apply to the zoning of this subdistrict. It is possible that future Civic Center redevelopment may result in excess parking capacity. At that time, consideration may be given to the allocation or joint-use availability of such excess.

H. Moonlight Beach Park Subdistrict

Moonlight Beach Park Subdistrict is the Moonlight Beach Community Park. The continued development of this park is subject to conditional use permit review, which must insure the provision of adequate off-street parking. No specific parking ratio is established for public parks; rather, each development is required to provide a site-specific parking study to establish parking demand. While the plan review process for Moonlight Beach will determine the location of beach parking, it may be anticipated that the existing public lot on top of the bluff overlooking the beach will continue to be used for parking; in addition, a string of physically separated lots on the north side of B Street which are publicly owned as part of Moonlight Beach and included in this subdistrict may be available for development as beach parking lots.

I. Railroad Corridor Subdistrict

Railroad Corridor Subdistrict is the railroad right-of-way. Presently, portions of this right-of-way are used for "common" public parking for the adjacent downtown commercial district (in informal dirt parking behind the La Paloma Theater and more formally in the paved Chamber of Commerce lot along Vulcan Avenue between D and E Streets). This open public parking is expected to be removed by the proposed Encinitas Transit Station, which is proposed to use all of the right-of-way from Encinitas Boulevard to E Street. The loss of this source of "extra" parking for First Street corridor businesses underscores the need for adequate, combined parking strategies for the First Street Corridor Subdistrict.

This specific plan requires that the station satisfy its own parking demand by providing adequate off-street parking spaces. The initial phase of the station's development is proposed to provide approximately 236 parking stalls, in off-street lots off of Vulcan Avenue and D Street. The ultimate build-out of the station is proposed to expand this off-street parking to approximately 450 total spaces. At this time, the location of the future additional parking spaces is proposed to be developed north of Encinitas Boulevard, to access by pedestrian bridge south to the train station. The City has asked that the Chamber of Commerce parking lot be replaced, along Vulcan Avenue south of E Street.

3.3.3 Parking Standards

A. Purpose

1. The provisions set forth in this section are for the purpose of providing convenient vehicle parking. The parking requirements set forth herein are to be considered the minimum necessary for the specified land uses, within the zones created under this specific plan.

2. The intent of these provisions is to provide adequately designed vehicle parking with sufficient capacity and adequate circulation to minimize traffic congestion and promote public safety and convenience. It shall be the responsibility of land owners, developers, and/or operators to provide and maintain adequate parking, to the minimum requirements set forth herein.

B. General Provisions

1. The specified provisions of this section supersede, and otherwise are supplementary to, the comprehensive parking regulations set forth in Chapter 30.54 of the city of Encinitas Municipal Code. Unless otherwise specified herein, the provisions, requirements and standards of Chapter 30.54 of the Municipal Code shall apply. In case of conflict between the provisions set forth herein and the provisions of Chapter 30.54, the provisions set forth herein shall apply.

2. All required parking shall be off-street, on the same site as the land use it serves, unless otherwise provided by these regulations.

3. Off-street parking for a land use may be provided on an immediately adjacent development site, by discretionary design review, provided that the adjacent site is under the same zoning as the development site; access from the use to said parking is unimpeded; said parking is not counted toward the required parking of any other land use; and said parking is reserved for the land use by a recorded, irrevocable easement to which the City is a party.

4. Joint-use of parking shared between uses may be approved, as provided by Section 30.54.050 of the Municipal Code.

5. A public alley may be counted toward the required back-out and maneuvering aisle space for on-site parking which is immediately adjacent to said alley.

C. Schedule of Required Parking

1. The number of required vehicle parking spaces for any land use or combination of uses shall be no less than pursuant to the following table, except as otherwise provided in this section. For land uses not specifically covered by the following table, the requirements of Sec. 30.54.030 of the City of Encinitas Municipal Code shall apply.

Table 3 Required Parking

2. First Street Corridor and Second Street Corridor Subdistricts, Zones D-CM-1, D-CM-2, and D-VCM: Residential units in mixed-use projects which are guaranteed to be affordable to low and very-low income households as defined in the City of Encinitas Housing Element, shall have their parking requirement reduced to one, off-street parking space per dwelling unit.

3. South Coast Highway 101 (First Street) Corridor and Second Street Corridor Subdistricts, Zones D-CM-1 and D-CM-2: The following parking provisions apply to non-residential uses, only. Not withstanding these provisions, the maximum number of parking spaces shall be provided for each development site, to the maximum number possible based on current site development standards, not to exceed the number required by the schedule of required parking above. (amended Ord. 2011-05)

a. A proportional share of on-street parking shall be counted toward the required number of parking spaces for non-residential uses for a development site, as follows: For each block face on which the development has street frontage, the total number of on-street parking spaces shall be calculated. For each frontage, the development site shall count towards its non-residential parking requirement its share of existing on-street spaces based on the proportion of street frontage on that block. (amended Ord. 2011-05)

b. To increase the overall yield of on-street parking, the City, through the Engineering Services Department, can initiate a "Restriping Program."

1. Restriping Program: The City Council can establish the parking supply counts of on-street parking for each block face within these corridors by resolution upon a City initiated Restriping Program or similar Capital Improvement Project. The resolution shall establish an allocation of existing on-street parking pursuant to the parking pursuant to the paragraph 3(a) above. Any increase of on-street parking resulting from re-striping of block face (per applicable City standards) shall not be counted for proportional share calculations of on-street parking. Any reduction of on-street parking shall not reduce the proportional share calculations set by City Council resolution. (amended Ord. 2011-05)

2. In addition to the proportional share of parking set in the Restriping Program resolution (outlined in b.1 above), an additional on-street parking credit shall be given for closing driveways for non-residential properties. Only those non-residential properties that close a driveway shall receive a proportional share of parking credit of the resulting on-street parking stalls gained. This shall only occur after the Restriping Program has been established by resolution. The remaining proportional share of on-street parking, which is not gained by the development for its proportional share allocation, shall be used as general public parking. (amended Ord. 2011-05)

The following example helps to illustrate proportional share of parking credit for driveway closures as outlined above:

In a typical block within South Coast Highway 101 (First Street) and Second Street of the Downtown Encinitas Specific Plan, there are typically eight 50-foot wide lots per block. If the driveway closure results in a gain of two spaces on that block, the non-residential property's proportional share allocation would gain a 1/8 credit (or 0.25 space credit) of the two parking stalls gained for that block face. The remaining 7/8 credit (or 1.75 space credit) would be used for general public parking and not be considered on-street parking credit for other lots on that block. (amended Ord. 2011-05)

The parking credit for driveway closures is based on the non-residential properties proportional share allocation on that block and is not fixed at a 1/8 credit (or 0.25 space credit). If the frontage for the non-residential lot is more or less than the typical 50-foot wide frontage (for example 100 feet or 25 feet of frontage) then the proportional shall allocation would be adjusted accordingly, ¼ credit or 1/16 credit (or 0.50 or 0.125 space credit), respectively, and the remaining credit would be used for general public parking and not be considered on-street parking credit for other lots on that block. (amended Ord. 2011-05)

c. For additions to or increases of gross floor area of existing buildings, or new development proposed to replace existing buildings on the site, the number of required parking spaces is the fewer of either: the total number required for the development site for the combination of uses per the ratios specified above, or the number of existing parking spaces on the development site before new development; plus additional spaces as required by the ratios specified above for the proposed addition or increase in floor area.

d. For any change of use in an existing building, not related to an addition to or increase of gross building floor area: the required number of parking spaces shall be limited to the maximum number that the development site together with its proportional share of on-street parking can yield under current development standards.

4. First Street Corridor Subdistrict, D-CM-1 Zone: The number of parking spaces required for a use which is located immediately adjacent to the public, off-street parking for the Encinitas Transit Station, may be satisfied partially or entirely by parking provided in the Encinitas Transit Station public parking lot, subject to a recorded, joint-use agreement to which the City is a party guaranteeing the availability of said parking during weekday evening and weekend hours, and subject to approval of minor conditional use permit, provided the following are demonstrated:

a. The site of the use is adjacent to and has immediate pedestrian access to the transit station parking;

b. The use will generate its parking demand during hours when the transit station parking is not required for transit customer use.

(Amended 5/11/95 Ord. 95-04)

Design Recommendations as part of this Specific Plan are intended to inform and guide property development and redevelopment in Downtown Encinitas.

One of the basic intents of these Design Recommendations is to encourage good design that is compatible with other well designed buildings, without severely restricting the building owner's preferences or the dictates of economics regarding materials and style.

Another intent of these recommendations is to provide the property owner, developer, architect and designer with a framework of discretionary statements or recommendations that, if followed, will in many cases yield City approval. It is not the intent of the recommendations, however, to discourage innovative design or individual expressions. The applicant who wants to create an innovative project without following all of the recommendations is encouraged to do so, with the understanding that the project simply may be subject to higher levels of discretionary or subjective City reviews, and may be approved or denied by the City on the basis of meeting or not meeting the intent of the Recommendations.

A development applicant should understand that these Recommendations are not regulatory, such as the Development Regulations, but rather discretionary on the part of the City's approval authority. Language will state "very strongly encouraged" or "encouraged" on items the City would like to see in a development project. Therefore, if any discrepancies or inconsistencies between these recommendations and the development Regulations occur, the Development Regulations take precedence.

Creation of a healthy revitalization climate in the downtown is another key purpose of these recommendations. As new development and rehabilitation occur under the auspices of these recommendations, other property owners are encouraged to invest in improvements, knowing that their efforts will be matched by their neighbors.

4.5.1 Introduction

The central downtown area of Encinitas is representative of many historic small beach town commercial areas in California. Commercial uses are typically laid out on fairly narrow lots. The buildings are generally immediately adjacent to the sidewalk with parking being provided on street, behind or alongside the structure. As one moves from First Street, the primary downtown commercial corridor, other streets reflect more mixed land uses with a mixture of residential and commercial structures.

The following recommendations are established to promote commercial development complimentary to the existing pattern of development relative to height, pedestrian scale, building bulk and mass, storefronts, signs, setbacks, and parking; to provide a pedestrian atmosphere which takes precedence over the automobile; and to promote and maintain that elusive "beach town" atmosphere.

4.5.2 General Commercial Recommendations for Compatibility and Context

This section provides general design principles which are applicable to downtown commercial retail, service, and office uses. This section provides the basic concepts of traditional beach downtown design. The general guidelines are to be used in conjunction with other, more specific recommendations for downtown commercial development found in subsequent parts of this section. This section is applicable to the First Street, Second Street, Cozen's Site, and Civic Center subdistricts of this Specific Plan.

A. Desirable Elements Of Project Design

The qualities and design elements for commercial buildings that are most desirable include:

1. Significant wall articulation at the pedestrian or first floor level (insets, pop outs, columns, canopies, wing walls, trellises)

2. Natural wall materials including but not limited to stucco, stone, brick, clapboard and ceramic tile

3. Full roof treatments, specifically on Second Street

4. Roof overhangs, arcades, porches

5. Traditional storefront design (see Section 4.5.7)

6. Articulated mass and bulk sensitive to the pedestrian scale of downtown

7. Significant landscape and hardscape elements for pedestrian comfort and which facilitate pedestrian activity

8. Landscaped and screened parking

9. Decorative parapets

10. Parking using alley access where available and at the rear of buildings.

11. The reuse and remodeling of buildings to maintain original historic dimensions and proportions.

B. Undesirable Elements

The following are not necessarily prohibited; however, these normally should not be included unless used in a very creative manner.

1. Large, blank, flat wall surfaces

2. Unpainted concrete, slumpstone, corrugated metal

3. Highly reflective surfaces (mirror windows)

4. Metal or plastic siding

5. Large front yard setbacks accommodating parking

6. Mix of unrelated materials (i.e. rustic wood shingles and polished chrome)

7. Visible outdoor storage, loading, and equipment areas

8. Disjointed parking areas and awkward circulation patterns

9. Over abundance of access driveways, or unsafe locations

10. Panhandle or "easement only" accessible lots.

11. First floor building entries and ground floors elevated above the existing sidewalk level.

C. Scale and Bulk

Scale and bulk relationships in Downtown Encinitas vary within the limits of "small lot" design and prevailing, two story building height limits. Some two story buildings nearly fill the entire lot frontage with alley vehicular access, while others are single story and have considerable open space and parking surrounding them.

The scale and bulk of buildings generally decreases the further one gets from First Street. With that in mind, the scale and bulk of new buildings should be consistent with the proportions of existing buildings in the area.

Larger scale buildings appearing on First or Second Street should employ the following recommendations to reduce their bulkiness and ensure a pedestrian friendly atmosphere for the downtown.

1. Vary the planes of the exterior walls on the first floor in depth and/or direction.

2. Step back upper floors on Second Street.

3. Vary the height of buildings so they appear to be divided into distinct elements.

4. Use varied roof planes and shapes (i.e. hip and gable on Second Street).

5. Flat roofs with decorative parapets are acceptable and consistent with existing First Street buildings.

6. Use landscaping and architectural detailing at the ground level to lessen the impact of large buildings.

7. Avoid new buildings with blank walls at the ground floor level where pedestrians will pass on the sidewalk. Utilize windows, wall insets, change in materials or canopies to create interest. Where blank walls are unavoidable due to storage space or other interior requirements, these walls should provide opportunities for murals, landscape backdrop, and decoration.

8. Visual relief is recommended for linear buildings by the use of architectural projections or recessed areas that create the appearance of smaller adjoining buildings.

9. The proportion, size and shape of new or renovated buildings shall be compatible with existing desirable structures in the same area.

D. Color

Color can dramatically affect the appearance of buildings and should be carefully considered in relation to the overall design of the building. Color can also affect the apparent scale and proportion of buildings by highlighting architectural elements such as doors, windows, fascias, cornices, lintels, and sills.

1. The dominant color of new buildings should relate to the inherent color of the building's primary finish materials.

2. In general, black, purple, and green hues should be avoided as primary building wall paint colors.

3. Bright neon paint colors should be avoided as primary building wall paint colors.

4. Subdued colors are recommended for the overall color scheme. A bright trim color may be appropriate if it can be shown to enhance the general appearance of the building.

5. The color palette chosen for a building should be compatible with the colors of adjacent buildings. An exception is where the colors of adjacent buildings strongly diverge from these design guidelines.

6. Buildings with a monochromatic appearance should be avoided through the use of compatible colors. However, minimize the number of colors appearing on the building exterior. Commercial buildings should use no more than three wall and trim colors.

4.5.3 General Commercial Building Design Recommendations

The design recommendations for the Downtown area are developed to encourage district character, variety, and architectural innovation while maintaining the scale and intimacy of the beach community. In order to capture the "beach town" atmosphere of Encinitas, these guidelines do not prohibit or promote an architectural theme or style. It is a goal, however, to avoid the suburban strip commercial "franchise" architectural themes prevalent in other urbanized beach communities.

It is the details of a building which articulate its local flavor and appearance.

1. Mass and Compatibility

New buildings and renovations are encouraged to design for a strong pedestrian orientation and scale and to be compatible with existing quality downtown developments.

The following recommendations suggest ways to break up excessive building mass and encourage compatibility between new larger development and existing smaller "beachy" development.

a. Breaking up large volumes or planes into smaller ones can diminish the scale of a building. Building mass can be varied in form or divided to express various interior building functions.

b. Box-like massing is appropriate only as traditional two story structures along First Street. The first floor, however, should provide extensive pedestrian scale elements in the store-front design.

c. Large expanses of building facades (approximately 30 feet or greater) with no architectural variations cause a building to appear massive in scale and visually monotonous. This appearance is not encouraged and may be reduced by utilizing building articulation and set-backs, window and entry variations, patios, plazas or other landscaped/hardscaped pedestrian areas.

d. Roofline and height variations utilizing full multi-planed roofs break up massing, provide visual interest and can be used to identify individual spaces.

e. The pedestrian scale of the street can be reinforced by distinguishing the upper floor from the ground floor. This can be accomplished with material changes, window variations, over-hanging building elements and other devices which focus attention on the pedestrian level.

f. Special treatment of building entrances is desirable to add interest to a facade and to orient first time visitors to the building access.

g. Strong vertical elements such as unique roof shapes, pilasters, columns, stairs or towers can break up the length of a facade and create variation in building style.

2. Roofs

The shape of a roof and the materials of which it is made also contribute to the overall building design, and need to be treated carefully.

a. In the downtown, specific attempts should be made to blend the proposed roof shape with the roof shapes in each area. Flat roofs with parapet walls predominate First Street while gable and hip roofs are more common as you move away from First Street. Full roofs are not discouraged on First Street, however. Likewise, some flat roofs with decorative parapets are not discouraged on Second Street.

b. The original roof shape should be considered to be retained on most existing buildings if rehabilitation is anticipated.

c. Full rooflines on large buildings (approximately 100 feet in frontage width or more) which run in a continuous plane are discouraged. Jogging or off-setting the roofline or parapet breaks up monotony and is encouraged.

d. Nearly vertical roofs (A-frames) and "pasted on" mansard roofs are discouraged. Mansard roofs typical of strip commercial franchise architecture is specifically discouraged in favor of flat roofs with decorative parapets (on First Street) or full roofs (on Second Street).

e. The following roof materials are discouraged in Downtown:

f. All rooftop mechanical equipment must be screened from view by use of a "well" in a full roof or in the case of a flat roof, behind a parapet wall.

g. All visible rooftop equipment should be colored to match the color of the roof.

h. Roof drains should be designed as an integral part of the structure and not be exposed on the exterior walls.

i. Rooftop activities such as gardens, restaurants, patios, etc. are strongly encouraged where feasible.

3. Building Materials (New)

The use of high quality building materials which are appropriate to a beachy downtown character and integral with the architecture are encouraged.

a. Natural materials such as brick, stucco, terra cotta, stone, tile, and horizontal wood cladding are appropriate. Simulated or painted brick, pecky cedar, corrugated metal, plywood or natural (clear or unpainted) wood siding are generally discouraged.

b. Aggregate panels, metal, or bonded metal panels and similar materials while having an urban industrial character must be reviewed carefully before their allowance in the downtown.

c. Clear or lightly tinted glass and glass blocks can be used, but highly reflective glass has a character which is not appropriate.

4. Building Materials (Renovation)

a. Original exterior materials such as brick, stucco, stone, adobe, tile, vitrolite or carrera glass, stained glass, wood, and metal generally should be retained and repaired if necessary.

b. Original facades generally should be repaired only with materials that match the original ones.

c. Inappropriate materials and elements that may have been added in an earlier remodeling should be removed. These include aluminum siding, plywood false fronts, or natural (clear or unpainted) wood siding.

d. Deteriorated architectural features should generally be repaired or replaced to match the original as closely as possible in composition, design, color, texture, and scale.

e. Hardware that detracts from the building's appearance should be removed. This includes old sign supports, conduit, wires, and brackets.

4.5.4 General Commercial Site Planning Recommendations

The site layout of new buildings in downtown Encinitas will decide if the downtown is going to maintain its traditional appearance of buildings located at the sidewalk edge or a less traditional, more suburban appearance of parking lots interspersed with building mass at the sidewalk edge.

1. Setbacks and "Build-To" Lines:

a. The first floor of any building along First Street should be built at the front property line or provide a covered arcade (for up to 50% of building face) between the building face and the front property line. (The covered arcade could be utilized for outdoor dining.) On a case by case basis, if the above configuration causes undue hardship due to "special circumstances" or the surrounding buildings do not exhibit the sidewalk adjacency, a project may be designed to fit with the existing setbacks of neighboring properties.

b. Awnings, trellises and other accessory building structures which are relatively open and do not restrict pedestrian or vehicular movement may project into the front right-of-way subject to approval of an encroachment permit.

c. Any building located at a corner intersection should incorporate architectural features at all ground floor elevations which emphasize the importance of pedestrian movement. These features may include building cut offs, walk through covered arcades, trellis structures, and other elements which focus visual interest on the corners. Discourage undesirable interruptions of pedestrian movement such as curb cuts and drive-throughs.

d. New buildings are encouraged to set back the corner of buildings at the intersections to create pedestrian plazas as well as improve visual sight lines for vehicles.

2. Street Orientation

a. The front building wall should be oriented parallel to the street. Slight modifications will be allowed. All frontages regardless of angle will be treated with pedestrian storefront emphasis.

b. Major pedestrian access for all buildings should be oriented to the major street upon which it is located. Secondary rear or side pedestrian entries are encouraged and should be treated with entry emphasis.

c. Storefronts should be designed to orient to the major street frontage. While side entries or rear entries are desirable, the predominant, major building entry should be oriented toward the major street or major pedestrian alleyway.

4.5.5 General Circulation Recommendations

1. Parking Orientation

a. Parking lots and any future parking structures should be located as much as possible to the rear of buildings.

b. Whenever possible, locate vehicular access on alleys in order to minimize pedestrian/vehicular conflicts. When this is not possible, design the front site entry with appropriately patterned concrete or pavers to differentiate it from the sidewalk.

c. Locating parking lots or structures between the front property line and the primary building storefront/entry is highly discouraged.

d. Vehicular entry points to parking lots may receive special paving accents where the drive crosses the public sidewalk.

e. Private parking lots with street frontage, for which there are no current infill construction plans, should be attractively landscaped in order to continue the linear street frontage created by the buildings, and to screen parked vehicles. Low walls at the setback line might accomplish these purposes.

f. New parking structures located adjacent to the street should incorporate retail or other commercial uses along the predominant pedestrian frontages. Parking structures as part of an overall building master plan should be located away from predominant street/pedestrian frontages.

g. Common driveways which provide vehicular access to more than one site are encouraged.

h. Parking areas should be landscaped, receiving interior as well as perimeter treatment.

i. Parking areas should be separated from buildings by either a raised concrete walkway or landscaped strip, preferably both. Parking spaces which directly abut the building are strongly discouraged.

j. Shared parking between adjacent businesses and/or developments shall be encouraged and required where practical.

k. Where parking areas are connected, interior circulation should allow for a similar direction of travel and parking bays in all areas to reduce conflict at points of connection.

l. Parking access points, whether located on front (1st, 2nd) or side (C, D, E, etc.) streets should be located as far as possible from street intersections. A minimum distance recommended is 100 feet. Unsafe and substandard curb cuts should be eliminated.

m. Design parking areas so that pedestrians walk parallel to moving cars. Minimize the need for the pedestrian to cross parking aisles.

n. Parking areas should be designed so as to link the buildings they serve to adjacent street sidewalk or other pedestrian systems, and to give the impression of buildings as an extension of the pedestrian environment. This can be accomplished by using design features such as walkways with enhanced paving, trellis structures, and/or landscaping treatment.

o. Parking areas shall be well lighted and obstructions to visibility of pedestrians minimized for safety purposes. Lighting, however, should not be excessive or obtrusive.

p. Loading and delivery areas, where required or desired, should be encouraged at the rear alleys with emphasis on keeping alleys clear for passage.

4.5.6 General Commercial Sign Recommendations

1. Introduction

In many American communities like Encinitas, the visual distinction between the traditional downtown business district and outlying commercial strips has become blurred. Sign manufacturers and designers have encouraged businesses downtown to adopt the large scale, internally illuminated signs used on the strip or along commercial highways. In those locations, signs need to be large to attract the attention of motorists moving past. But established downtown pedestrian oriented commercial areas were designed to accommodate shoppers strolling along sidewalks and motorists driving at slower speeds. Such a pace allows people to take in more of their surroundings at a glance, including signs scaled and illuminated more appropriately to the pedestrian's environment.

Along the vehicular commercial strips of Encinitas, businesses in relatively nondescript buildings often rely on large, flashy signs to attract attention. In contrast, the Downtown Specific Plan Area offers an exciting variety of building types, architectural styles, materials and well crafted details that form a distinctive, memorable context for individual businesses. Thus, large signs are not only out of scale here, they also over-whelm the very architectural features that make the Downtown special.

Mandatory standards for signage are applied under Chapter 3 of this specific plan, with which all signage must comply. In contrast, the following sign design recommendations are to be considered by project designers and sign permittees, to help guide their design of signage in the Downtown Encinitas area. These recommendations will be considered by the City through project design review, sign program and sign permit review.

2. Preferred Sign Types

3. Discouraged Sign Types

4. Sign Design Recommendations

a. General Sign Recommendations

The following 'general' guidelines should be considered prior to developing signs for any development in the Downtown.

Use a brief message. The fewer the words, the more effective the sign. A sign with a brief, succinct message is simpler and faster to read, looks cleaner and is more attractive.

Avoid hard to read, overly intricate typefaces. These typefaces are difficult to read and reduce the sign's ability to communicate.

Avoid faddish and bizarre typefaces. Such typefaces may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business. However, existing historic typefaces are encouraged.

Carefully select color and material combinations. Colors should be selected to contribute to legibility and design integrity. Even the most carefully thought out sign may be unattractive and a poor communicator because of poor color selection.

Use significant contrast between the background and letter or symbol colors. If there is little contrast between the brightness or hue of the message of a sign and its background, it will be difficult to read.

Limit colors to three on a single sign. Too many colors overwhelm the basic function of communication. The colors compete with content for the viewer's attention. Limited use of the accent colors can increase legibility, while large areas of competing colors tend to confuse and disturb.

Place signs to indicate the location of access to a business. Signs should be placed at or near the entrance to a building to indicate the most direct access to the business.

Sign size should be proportionate. The size and shape of a sign should be proportionate with the scale of the structure.

Place signs consistent with the proportions of scale of building elements within the facade. Within a building facade, the sign may be placed in different areas. A particular sign may fit well on a plain wall area, but would overpower the finer scale and proportion of the lower storefront. A sign appropriate near the building entry may look tiny and out of place above the ground level.

Place wall signs to establish facade rhythm, scale and proportion where facade rhythm doesn't exist. In many buildings that have a monolithic or plain facade, signs can establish or continue appropriate design rhythm, scale, and proportion.

Signage should be architecturally consistent with the buildings.

Use logos. Use widely recognized logo's rather than print/text whenever possible.

Avoid signs with strange shapes. Signs that are unnecessarily narrow or oddly shaped can restrict the legibility of the message. If an unusual shape is not symbolic (i.e. hammer for hardware store), it is probably confusing.

Carefully consider the proportion of letter area to overall sign background area. If letters take up too much sign, they may be harder to read. Large letters are not necessarily more legible than smaller ones. A general rule is that letters should not appear to occupy more than 75% of the sign panel area.

Consider interior neon signs. Neon signs lend themselves to creative and exciting artistic expression. The use of neon signs inside a storefront can be used to attract attention and create a special ambience for a business.

Make signs smaller if they are oriented to pedestrians. The pedestrian oriented sign is usually read from a distance of fifteen to twenty feet; the vehicle oriented sign is viewed from a much greater distance. The closer a sign's viewing distance, the smaller that sign need be.

Design the sign to be appropriate to the building on which it is placed. The sign is an integral part of the building facade. The style of a sign should be appropriate to the style of a building's design.

b. Wall Mounted Sign Recommendations

The following recommendations relate to all wall mounted signs.

Direct and indirect lighting methods are allowed provided that they are not harsh or unnecessarily bright. The use of can type box signs with white or light colored translucent backlit panels are not recommended on any structure in the Downtown.

Sign colors should be compatible with all other signs on that building.

The use of backlit individually cut letter signs is allowed and strongly encouraged.

Clear street number address identification is required for all buildings under Fire Code and Building Code standards. For commercial buildings in the Downtown Encinitas area, it is strongly recommended that the identification of each building or store's address be provided in a minimum six inch high number over the main entry doorway or within ten feet of the main entry is required.

c. Sign Lettering Recommendations for Storefront Wall Mounted Signs

Sign lettering should meet the following size recommendations:

d. Window Sign Recommendations

Use individually cut letters - Permanent window signs should be limited to individual letters placed on the interior surface of the window and intended to be viewed from outside. White, black, or gold leaf paint are the recommended colors. Glass-mounted graphics may be applied by silk screening or pre-spaced vinyl die-cut forms.

Size - When used in conjunction with wall signs, permanent window signs should not occupy more than twenty percent of the window area. The maximum height and width of these signs should not exceed 2 feet, and the total sign area should not exceed 4 square feet. (The area of the window sign shall be included in calculating the total permanent sign area for the building but shall not be included in calculating the area permitted for temporary window signs.)

Permanent window signs may be used in lieu of wall signs - If so used, permanent window signs may occupy up to 50 percent of the window area (but not more than the area permitted for wall signs). If so used, no temporary window signs should be used for those windows having permanent window signs.

Limit text - The text or sign copy of a window sign should be limited to the business name, proprietor's name, hours of operation, and brief messages identifying the type of product or service (e.g., "maternity wear" or "attorney") or pertinent information (e.g., "se hable Espanol" or "reservations required"). Letter sizes for all information other than the business name should be limited to two inches in height.

e. Awning Sign Recommendations

Limit text - The text copy should be limited to the name of the business or business type.

Height and color - The text should be located only on the valance of the awning and letter height limited to six inches or less. Letter color should be compatible with the awning and the building color scheme.

Coordinate design and color - The shape, design, and color of awnings should be carefully designed to coordinate with, and not dominate, the architectural style of the building. Where other awnings are used on the building, the design and color of the sign awnings and all other awnings should be coordinated.

4.5.7 Specific Storefront Recommendations

1. Introduction

Although the storefront is only one of the architectural features of the facade, it is one of the most important visual elements in downtown Encinitas. The storefront usually has experienced the greatest amount of change during a building's life, and holds the most potential for creative alterations affecting both the character of the building and the streetscape. Once inappropriate additions are removed, the storefront's original design is often the best guideline for any alterations. The traditional storefront had few decorative elements other than those details which were often repeated across the face of the building, integrating the storefront into the character of the facade. Emphasis was placed on the display windows and their contents. The rest of the storefront was designed in a simple manner, in order to not compete with the displayed items but rather to clearly project the product or service being offered inside. Over the years this concept gradually has been forgotten, as evidenced by the proliferation of modern storefronts in the Downtown which are heavily decorated with loud colors, inappropriate textures and competing signs, all of which are designed to vie for the customer's attention.

2. Entries

Commercial storefront entries in Downtown Encinitas are often recessed and/or sheltered by a covering arcade structure. This provides more area for display space, a sheltered transition area to the interior of the store, and emphasizes the entrance. Recessed entries should be retained and encouraged in new storefront construction.

3. Awnings

The awning can play a special role in bringing visual harmony back to First Street and Second Street. Visually unrelated upper facade and storefronts represent a common visual problem. The careful addition of an appropriate awning can create a pleasant transition between the two, thus minimizing undesirable visual contrast. In such cases, the color and pattern of the awning should be carefully chosen to tie the two basic facade parts together.

a. Where the facade is divided into distinct bays or sections by vertical architectural elements, awnings should be placed within the elements rather than overlapping them. The awning design should respond to the scale, proportion and rhythm created by these elements.

b. Minimum height of awnings should be 7′ - 8′ (see Building Code) from the lowest point to the side-walk and should not extend more than 6′ 0″ from the face of the structure. (The 6′ 0″ dimension must be diminished when tree plantings and other obstacles dictate.)

c. Awnings should have a single color or two color stripes. Lettering and trim of other colors are allowed.

d. Aluminum awnings or canopies generally detract from the downtown character and should not be erected.

e. The highest point of a first floor awning shall not be higher than the midpoint of the space between the second story window sills and the top of the first floor storefront window, or transom. This attachment should leave a comfortable space between awning and architecture elements which comprise the building.

f. Awning shape should relate to the window/door opening as well.

g. Awnings should be well maintained, washed regularly, and replaced when faded or torn.

h. When there are several businesses in one building that has awnings, different colored awnings may be used, provided they are coordinated in color, trim, and form. An alternative would be awnings of the same color with simple signs on the valance that may vary in type style and color to differentiate the individual businesses within the building.

4. Door and Window Design

a. Doors

Many of the entrance ways to stores in Downtown are standard aluminum and glass doors, although wooden doors are still common in stores which have not recently been remodeled. In any renovation effort, doors should be selected to harmonize with the building facade.

Traditionally the storefront door was more than just a door. Tall and stately in proportion, its design reflected its commercial importance. Its wood and glass construction made it substantial and inviting to the customer. Other storefront doors (usually leading to upper floors) were similar in appearance but less impressive than the main entry door.

The storefront entry should play a similar role today. The customer should be invited into the store by a pleasant entry. The following general concepts should guide the design of doors.

b. Windows

The use of windows as an architectural element is of critical importance to the facade design, particularly on First Street. Windows create a visual rhythm of building openings, as well as a visual image of the retail interior. The primary function of glass should be to encourage visibility to the display area or building interior, especially for display windows and other windows at the ground floor level.

The windows of retail stores vary in size and shape depending on the nature of the business as well as the architectural style. Large plate glass windows are indigenous to fashion stores and small, often mullioned fenestration (framing) is characteristic of taverns and artisans.

When considering new window fenestration, it is important to relate the proposed design to the facade theme of the whole block. A "package design" used to portray a corporate image as in the case of many large national franchised stores often does not fit the existing street theme. Colonial windows with small frames, however attractive, can disrupt the continuity of a block facade which is entirely composed of large plate glass windows.

5. Storefront Accessories

The following recommendations should be considered for storefront accessories:

a. Permanent security bars (defined as those clearly visible, non-retractable, and fixed to windows or the facade), window air conditioning units on the first floor and permanent flags are strongly discouraged.

b. Electronic security systems are recommended.

c. Exterior lights that are a part of the streetscape improvements should provide adequate lighting levels. However, in the case of a deep threshold to a building, a light recessed in the ceiling of this area is recommended.

d. Mechanical appurtenances attached to building facades, such as the mechanical equipment for an automatic retractable security grille, should be concealed by placement under an awning (when available) or enclosed by a housing that is in proportion with the building's architecture and painted a color in keeping with the facade colors.

e. Where transom windows exist, every effort shall be made to retain this storefront feature.

f. If the ceiling inside the structure has been lowered, the ceiling should be treated in such a way as to meet the transom.

g. The original bulkhead material should always be retained, maintained or uncovered when possible.

h. Newer storefronts can have simplified bulkheads in similar or smooth materials. Bulkheads constructed of glass that simply retain a horizontal framing bar at their top are suburban in nature and are strongly discouraged.

6. Rear Entrances

Because of some parking areas located behind the First Street commercial building blocks, rear facades are seen more often. An attractive rear entry should be a second entrance.

In developing a rear entrance, a number of things should be considered. In general, the rear entrance should respond to the same needs as the storefront only at a reduced scale. These include identification signage, display, and a pleasant entry. In addition, it should also meet the service needs of the business. Since these two functions are often in conflict, the design of the rear entrance should be carefully planned. A particular concern is the storage and disposal of refuse. Trash cans, dumpsters, and other containers should be hidden from view whenever feasible. Regular maintenance is of paramount importance.

The design of a rear entrance should be appropriate to its surroundings. The visual character of the rear facades, alleys, and parking lots is a relatively casual and utilitarian one, especially when compared to the more formal street facades. In this type of context, a refined or grand design can look out of place. Rather, the design should be pleasantly inviting, but simple in detail.

a. Signs should be modestly scaled to fit the casual visual character of the alley.

b. A canvas awning can soften rear facades and provide a pleasant protected space.

c. Special lighting should be modest and should focus on the entry door.

d. Selective use of tree planting and other landscaping can subtly improve a rear facade.

e. Refuse containers and service facilities should be screened from view.

7. Storefront Rehabilitation Recommendations

a. Whenever a storefront is renovated, the original glass to wall ratio (typically 3 to 1) should be retained for storefronts.

b. Original storefront elements should be retained and repaired.

c. Decorative features such as special trims, tiles, and bevelled glass should be retained and repaired.

d. Inappropriate materials that may have been added should be removed. In Downtown, these include vertical wood siding, poorly designed awnings, strange bulkhead tile or imitation rock work veneers.

e. Any elements or signs that may be covering parts of an original storefront should be removed.

f. Do not remove original storefront windows, bulkheads, etc.

g. Remove all tinted or mirrored glass.

h. Remove exposed air conditioning units.

i. Do not:

4.5.8 Design Considerations for Special Uses

The design recommendations in this section cover specific uses and building types which, because of the unique design issues associated with them, require special attention. The following special recommendations supplement the more general commercial guidelines presented previously and will be considered in conjunction with them for applicable projects. Specific uses and building types covered in this section are:

1. Hotels and Motels

a. Design Issues

This category includes freestanding hotels and motels, either the development of new ones as permitted in Chapter 3, or the rehabilitation of existing ones. In responding to the needs of guests these buildings often have problems with providing sufficient amounts of amenities and services on the site while maintaining a certain level of privacy. Also, due to the inherent size of these types of uses, they can easily become imposing landmarks in relation to their surroundings. This may, or may not, become a design issue depending on the actual site location and the design quality of the structure.

b. Architectural Treatment

c. Materials

Use building materials and design features that promote a sense of permanence and a diversity of style and detail. More specifically, emphasize "permanent" materials (e.g. brick, clapboard, stone, stucco, concrete block, tile, etc) as primary building materials. Avoid the use of glass walls, bare aluminum and plastic.

d. Site Planning

e. Other Elements

2. Automobile and Motor Vehicle Related Uses

a. Design Issues

There are two basic forms of automobile uses that these recommendations are meant to address in the Downtown. The first consists of simple service stations. The second type covers automobile sales, maintenance, and repair establishments which are more prevalent. Under the zoning of this Specific Plan (Chapter 3), existing uses of these types may be remodeled, and under some zones new uses may be established.

The primary design issues concerning these uses relate to reducing noise impacts and the need to screen, or otherwise hide from public view, some of the more unattractive repair and storage operations that take place at automobile related uses. Another issue more specifically associated with gasoline service stations is the need to accommodate site ingress and egress safely and efficiently because of the large number of turning movements these uses generate.

The primary design issues concerning motor vehicle sales is the attractive display of the motor vehicles without relying on massive rows of parked automobiles at the back of the public sidewalk. Adequate screening devices and display variety are key design objectives for motor vehicle sales.

b. Architectural Treatment

c. Site Planning

3. Drive-through and Drive in Businesses

a. Design Issues

This section establishes design recommendations for businesses which rely on drive through or drive in patronage. The establishment of new drive-through and drive-in operations, in conjunction with such uses as fast food restaurants, banks, savings and loans, and car washes, is not permitted in downtown. Existing operations, however, may be remodeled; when they are, it is the intent of this specific plan to attain as many of the following design suggestions as possible.

The major design issues related to these types of establishments are the components of the site plan that promote efficient vehicular access and on site circulation, while adequately buffering adjacent uses.

b. Architectural Treatment

Drive through facilities should review the architectural recommendations for Downtown commercial uses discussed previously.

c. Site Planning

4. Mixed Use Projects

a. Design Issues

For the purpose of these recommendations, mixed use projects are defined as developments which combine both commercial and residential uses or structures on a single lot, or as components of a single development. The uses may be combined either vertically on the site within the same structure, or spread horizontally on the site in different areas and structures or a combination of both.

The primary design issue related to mixed use projects is the need to successfully balance the requirements of residential uses, such as the need for privacy and security, with the needs of commercial uses for access, visibility, parking, loading, and possibly extended hours of operation as well as to provide live/work opportunities in the community.

The recommendations for mixed use projects also apply to commercial projects adjacent to residential uses and to residential projects in commercial zones. The residential in fill guidelines will also apply to Residential projects in commercial zones. Refer also to the First Street, Second Street, and Cozen's Site Subdistrict sections.

b. Architectural Treatment

c. Site Planning

4.5.9 Design Considerations for Special Subdistricts

1. Introduction

The following recommendations relate specifically to defined design subdistricts within the Downtown Specific Plan area. In some cases these recommendations may supersede the previous recommendations, however, in most cases they are in addition to the previous recommendations.

2. Applicability

There are four commercial subdistricts, and a special case category within the Downtown Specific Plan area. They are defined as:

First Street - all properties with any lot line abutting First Street (Old Highway 101).

Second Street - all properties with any lot line abutting Second Street. Whenever a lot abuts First Street and Second Street, the recommendations which apply to First Street shall apply.

Civic Center - all property bounded by Vulcan Avenue, East D Street, East E Street, and Cornish Drive.

Cozen's Site - all property within the Cozen's Site Subdistrict.

Historic Rehabilitation - relates to identified potentially historic properties within the Specific Plan area in all subdistricts.

3. Recommendations for First Street (Old Highway 101)

4. Recommendations for Second Street

5. Recommendations for Civic Center

6. Recommendations for Cozen's Site

7. Historic Rehabilitation

Under City-wide zoning overlay regulations, site-specific analysis is required to determine when sites include historically and architecturally significant resources. For sites determined to include such resources, the following design recommendations apply.

4.7.1 Introduction

The purpose of this Streetscape Concepts section is to set forth general and specific design standards for streetscape improvement within the Downtown area's public right-of-way. The information provided in this section identifies and coordinates the streetscape design elements of paving (sidewalks and crosswalks), street trees, street furniture, lighting, median treatments, and other special parking or "Gateway" treatments and signs.

The Streetscape Concepts section is a guidebook to be used by the City in revising its streetscape standards for the area and as a manual for informing private developers of some of their "off-site" improvement responsibilities.

All of the streetscape and right-of-way modifications identified in this section will occur within the public right-of-way and will be primarily initiated through the Public Works, Capital Improvements process. However, when opportunities arise where private developments are occurring, developers may be required to install these "off-site" improvements as part of their condition of approval.

4.7.2 Applicability

The Streetscape Concepts provided in this section apply to all designated areas of the public right-of-way within the Specific Plan Area. These are concepts only. They provide the design criteria that the City and future developers will follow in the preparation of plans for improvement of the various rights-of-way. When improvement of designated streets or portions of rights-of way is proposed by the City, or required of any developer or agency in conjunction with land use or other development, such improvement shall be consistent with these streetscape concepts. These concepts (as noted in Section 4.7.4 Street Design Concepts of this Specific Plan) may be modified by City Council resolution as initiated by the City Engineer in a Restriping Program. Examples of modifications to these concepts include (but are not limited to) the re-striping of on-street parking stalls within the plan, modification of traffic flow (example: allowing one-way traffic flow), and modifications to and/or removal of decorative pavement treatment consistent with City standards. Consistent with City regulations, requirements to install street improvements may be satisfied by covenant, lien and/or other applicable measure(s) when it is determined that incremental improvements are inappropriate. (amended Ord. 2011-05)

4.7.3 Goals

The Streetscape Concepts for the Specific Plan Area have been prepared with the following goals in mind.

1. To strengthen and enhance a nostalgic, small town Downtown pedestrian environment.

2. To beautify the commercial streets in order to improve the overall visual "image" of the Specific Plan Area.

3. To enhance the motorist's "sense of arrival" into the Downtown.

4. To enhance the unique "sense of place" and identity for Downtown.

5. To improve the availability of close, abundant "on-street commercial parking" spaces.

6. To consider the need for "long term maintenance" and durability in the selection and design of streetscape elements.

7. To avoid faddish or current streetscape gimmicks for the Downtown streetscape in favor of long term, more traditional approach to design.

4.7.4 Streetscape Design Concepts

The overall general streetscape guidelines for the downtown Encinitas area shall include:

Architectural Theme - selected street furniture does not have to match exactly in style or color, but should be compatible. Prefer a simple style, but not necessarily contemporary.

Theme Colors - select bright or dark blue or green colors for accents such as trash receptacles, tree grates, bike racks, etc.

Street Furniture - should discourage vandalism and be low in maintenance.

Seating Nodes - create seating nodes at intersection locations that include benches and bike racks. Avoid seating that is open and parallel to the line of sidewalk to avoid damage by skateboarders.

Pavement Treatment - use pavement texturing and coloring as indicated on sidewalks, at sidewalk nodes and at intersection crossings to unify streetscapes and accent the area's pedestrian environment.

The following section provides details of the various design elements that make up the Streetscape Concepts for Downtown Encinitas. The individual elements include:

1. First Street Streetscape Concept and Intersection Detail

2. Vulcan Avenue Streetscape Concept (3 pages)

3. Second Street Streetscape Concept and Cross Section

4. "C" Street Extension Concept

5. Encinitas Blvd./Highway 101 at Moonlight Beach Entry Area Concept and Sketch

6. Entry Sign Concepts

7. Street Furniture

8. Comprehensive Streetscape Plan

The City shall have the right to re-stripe on-street parking at any time to allow for the greatest gain of parking consistent with City practices. (amended Ord. 2011-05)

Landscaping for commercial uses in the Downtown is important to create an atmosphere conducive to pedestrian activities and to define specific areas by helping to focus on building entrances, parking lots, defining the edges of various land uses, buffering between neighboring properties, and providing screening for loading and storage areas. Landscaping can be used as a unifying element within a project to obtain a cohesive appearance and to help achieve compatibility of a new project with its surroundings.

4.8.1 General Landscape Design Recommendations

a. Landscaping can be in the form of planting beds, raised planters, containers, or window boxes, if a suitable setback is included.

b. Landscaped areas should generally incorporate plantings utilizing a three tier system; 1) grasses and ground covers, 2) shrubs, and 3) trees.

c. The following are common planting design concepts which are encouraged:

d. All landscaped areas should emphasize the following water conservation techniques:

(1) Limit turf areas.

(2) Install efficient irrigation systems.

(3) Improve soil for better water penetration and improved water holding capacity of the soil.

(4) Use of mulch to cover and cool the soil.

(5) Use of drought tolerant plants. Use of cactus, however, shall be very limited and used only in small areas for accent.

(6) Regular maintenance to include pruning, weeding, proper fertilization, pest control, and water schedule adjustments.

e. Landscaping which is in scale with adjacent buildings and of appropriate size at maturity to accomplish its intended goals is most efficient.

f. Landscaping around the entire base of buildings is encouraged to soften the edge between the parking lot and the structure. This can be accented at entrances to provide focus.

g. Landscaping can help to identify entrances, separate outdoor dining areas, shade courtyards or define alleys to encourage pedestrian activity.

h. Landscaping can be protected from vehicular and pedestrian encroachment by raised planting surfaces, depressed walks, or the use of curbs. Concrete mow strips separating turf and shrub areas can also be provided.

i. Vines and climbing plants integrated upon buildings, trellises, and perimeter walls not only looks good but also help discourage graffiti. A few plants to consider for this purpose are: bougainvillea, grape ivy, and wisteria vines.

j. Landscaping can be used to screen trash, equipment, storage and loading areas from public view from alleys as well as from streets.

k. Where buildings are set back from the sidewalk or alley, landscaping can be used to treat both the setback area and the exposed walls of adjacent buildings.

l. Benches, kiosks or artwork are encouraged to be incorporated into the landscaping as amenities in high use areas.

m. The use of inorganic groundcover (gravel or crushed rock) is not recommended. If used in small areas, it can be in combination with drought tolerant plants and limited to an accent feature.

n. When used, hardscape materials should reflect the design and function of space and incorporate a variety of textures and materials whenever possible.

o. Plants in containers are especially encouraged for areas adjacent to storefronts along walkways.

p. The landscape irrigation system shall be automatic and should be designed to prevent over spray run off to the greatest degree possible.

q. All irrigation systems can be designed to minimize vandalism by placing controls in appropriate above or below grade enclosures.

r. For large systems, sectionalized gate valves can be provided to allow shutting down various sections without affecting the entire system.

s. Appropriate, protective staking is important to protect trees from potential vandalism.

t. Careful consideration of the spacing of plant materials will insure that they do not interfere with the lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Plant spacing can also insure unobstructed access for vehicles and pedestrians and provide clear vision at site intersections.

u. Alternative water conserving irrigation technologies should be incorporated whenever possible.

v. The following distancing is recommended for trees and large shrubs:

The following is recommended as the minimum size for plant materials:

4.8.2 Suggested Plant Palette

a. First Zone of Exposure

All property within the Downtown area which is between the high tide line and Vulcan Avenue lies essentially within the "first zone of exposure." Landscape materials in this area are subject to strong prevailing winds and salt laden air. While development is not limited to an exclusive palette, some examples of appropriate landscape materials for the first zone of exposure are:

b. Second Zone of Exposure

The land located inland of Vulcan Avenue is within the "second zone of exposure." Wind and salt air again affect the vegetation, but not as much as in the first zone. Some examples of appropriate landscape materials include all species listed for the first zone as well as the following:

(Ord. 2019-28)

This Circulation Element provides improvement standards intended to promote the efficient and safe movement of people and goods within the Downtown Encinitas Specific Plan area of the City of Encinitas. In addition, it establishes policies and programs which will ensure that all components of the transportation system meet the future transportation needs for the City. The Circulation Element addresses several aspects of circulation throughout the Plan Area.

The Encinitas Traffic Analysis Model (ETAM), originally developed to support the production of the Circulation Element of the City's General Plan from 1987 to 1989, has been refined to focus on the plan area. The detailed analysis can be found in the Technical Appendix B, Sections II, III, and IV.

The Circulation Element identifies improvements for various streets and alleyways located within the plan area. These improvements will be in addition to the improvement standards provided in conjunction with the Streetscape Concepts section (See Section 4.7) of the specific plan. The Streetscape Concepts section is a guidebook to be used by the City in revising its streetscape standards for the Downtown area and as a manual for informing private developers of some of their "off-site" improvement responsibilities. Section 4.7 is conceptual only as it relates to design standards of on-street parking striping methods. The City shall have the right to re-stripe on-street parking stalls at any time to allow for the greatest gain of parking consistent with City practices within this Specific Plan. (amended Ord. 2011-05)

Parking strategies are addressed in the Use and Development Regulations section of the specific plan (See Section 3.3). The need for adequate parking adjacent to various businesses throughout the plan area is of paramount concern to the commercial districts.

The Circulation Element examines the movement of pedestrians within the plan area with particular emphasis placed on traffic patterns related to the central business district.

The Circulation Element examines the current condition of the bikeway system/network located throughout the plan area and identifies deficiencies and improvements.

5.2.1 Circulation Study

The ETAM has analyzed the traffic circulation patterns and intersection levels of service within the plan area relative to the following alternatives:

The circulation model measures the flow of traffic at several strategic intersections located throughout the plan area. The unit of measurement used to describe the quality of flow through the intersection is Level of Service (LOS). The LOS is the ratio of an intersection's traffic volumes (existing or forecasted) to its design capacity. For the various intersections, there are six levels of service: A, B, C, D, E, and F. The level of service for intersections is defined by criteria based on the average stop delay per vehicle. Level of Service A represents very little delay (stop delay per vehicle of less than approximately 5 seconds). Level of Service F indicates significant delay (stop-delay per vehicle exceeding 60 seconds).

The analysis of the existing circulation system based upon current land uses (1990) indicates that the Level of Service for various intersections located within the specific plan area is LOS A, B, or C in both the a.m. and p.m. peak hour flow conditions (see Technical Appendix B). These values are consistent with the goals for Level of Service criteria outlined in the City of Encinitas General Plan.

Within the Downtown Encinitas Specific Plan area, the circulation model has revealed that the Level of Service for roadways and studied intersections in this area at future "build-out" is expected to be between LOS A and LOS C. This holds both for land uses projected under previous zoning, and the land uses projected by the Specific Plan. Implementation of the Specific Plan will not entail a decline of safety or servicablity of the auto circulation system, as long as planned street and intersection improvements are provided. Therefore, no mitigation measures are recommended other than the completion of planned street improvements.

5.2.2 Street Improvements

The streetscape design concepts for key corridors specified under Section 4.7.4 of this specific plan include accommodation of circulation needs, and shall be implemented. The following standards shall be applied for all other plan area streets and alleys. When improvements of streets or portions of rights-of-way is proposed by the City, or required of any developer or agency in conjunction with land use or other development, such improvement shall be consistent with these standards. Consistent with City regulations, requirements to install street improvements may be satisfied by covenant, lien, and/or other applicable measure when it is determined that incremental improvements are inappropriate.

A. Downtown Area

Street improvements from Vulcan Avenue west, including the commercial core and the Residential West subdistrict, should be consistent with the character of the existing residential and commercial neighborhoods. Improvements should provide optimal circulation of traffic, pedestrians, and bicycles. On-street parking should be provided where existing curb to curb dimensions allow.

Handicap ramps shall be required to be installed at intersection corners throughout the area.

1. Vulcan Avenue

Improvements to Vulcan Avenue between Encinitas Boulevard and "E" Street are indicated in the streetscape section of the Specific Plan (Section 4.7). Improvement standards for the remainder of Vulcan Avenue are described below. These standards describe five distinct "sections" of Vulcan Avenue going southerly from "E" Street. Engineering improvement plans and striping must transition from section to section.

The section of Vulcan Avenue located between "E" Street and McNeill Avenue is contained within an existing 65-foot right-of-way. Concrete curb and gutter and sidewalk are currently installed along the eastern edge, with a 9 foot parkway from back of sidewalk to the east property line. The existing roadway (curb-to-curb) width equals 50 feet. Future improvements should expand the curb-to-curb width, provide four travel lanes, bike lanes, and concrete curb and gutter along the western edge. The extra roadway width is to be achieved by reconstructing curb and side-walk on the eastern side further east.

The portion of Vulcan Avenue located between McNeill Avenue and East "F" Street is also currently contained within a 65-foot right-of-way. Ultimate improvements here will transition, from three travel lanes (two northbound) at F Street, to four travel lanes to match the section north of McNeill Avenue. Concrete curbing and bicycle lanes on each side, and sidewalk along the eastern edge will be provided. Excess right-of-way width on the eastern side north of F Street is planned to be vacated, to protect existing private facilities related to the historic "Derby House".

The improvements to the portion of Vulcan Avenue from East F Street southward to East I Street, and from East J Street south, shall be contained within the existing 50-foot right-of-way width. The improvements should include two travel lanes, parallel parking along the eastern edge, bike lanes, concrete curb and gutter on both sides, and concrete sidewalk along the eastern edge. At the northerly portion of this section, improvements will "flare" out to match the section north of East F Street.

The section of Vulcan Avenue from East I Street to East J Street has recently been improved to a 50-foot roadway cross section which includes concrete curb and gutter and sidewalk along the eastern edge. These improvements were installed in conjunction with the development of Mildred MacPherson Neighborhood Park. The ultimate configuration will include two travel lanes, bike lanes, parking along the eastern edge, and concrete curb and gutter on both sides. The space available for curbside parking along the eastern is wide enough to consider diagonal parking, to increase parking availability for the park; however, safety of traffic flow along Vulcan Avenue must be considered before such parking is provided.

Figures 7-b through 7-e illustrate how the above described sections of Vulcan Avenue will transition from one to the next, from "E" Street south to the end of the Specific Plan area.

2. Third Street

Improvements to Third Street shall be contained within the existing 80-foot right-of-way. The existing curb to curb width equals 51 feet. The existing curb and gutter and concrete sidewalk shall remain in place. The striping improvements should include two travel lanes, bike lanes, and parallel parking (Figure 7-f).

These standards largely keep in place the existing improvements on Third Street. The retention of bicycle lanes from "K" Street to "E" Street, and their extension from "B" Street to "E" Street, will ensure a "safe route to school" and complete this recreation bypass of First Street. The established pattern of sidewalks behind broad parkways is a significant element of neighborhood character; it is interrupted only where Third street crosses Cottonwood Creek (south of "B" Street) to minimize the impact on the Creek. On the east side of Third Street between "J" and "K", if the opportunity arises to relocate sidewalk behind a parkway per these standards, it shall be required.

3. Fourth Street

Improvements to Fourth Street shall be contained within the existing 80-foot right-of-way. The existing roadway width equals 51 feet. The improvements should include two travel lanes, parallel parking, bike lanes, and concrete curb and gutter (Figure 7-g).

Improvements per these standards already exist and shall be retained between "C" and "E" streets. From "H" to "F" Street, past street closings have narrowed the right-of-way intermittently, and sidewalks, when built, have been placed directly behind the curb, with no parkway. Bicycle lanes on Fourth Street, between "F" and "H" streets, may be sacrificed, but future development and redevelopment shall maintain a minimum of 70 feet of right-of-way and provide parkway and sidewalk per these standards.

4. "C" Street

The improvements to "C" Street shall be contained within the existing 80-foot right-of-way. The existing curb to curb width equals 51 feet. The existing curb and gutter and concrete sidewalk shall remain in place. The striping improvements should include two travel lanes, parallel parking on the south side, and diagonal parking on the north side (Figure 7-h). Diagonal parking on the north maximizes available parking for the commercial use and Moonlight Beach on the north side of "C" Street. Sidewalks in the commercial portion of "C" Street (as far west as the alley between Second and Third streets) may be full width from property line to back of curb, with street trees in tree grates.

5. "F" Street

The improvements to "F" Street west of Third Street shall be contained within the existing 80-foot right-of-way. The improvements should include two travel lanes, parallel parking along the southern edge, and 45 degree angle parking along the northern edge to accommodate school drop-off and pick-up. The existing curb to curb width is 51 feet and shall remain. Concrete sidewalk shall be installed along both edges. Note that sidewalk on the north side is at the back of the curb for drop-off/pick-up; street trees in tree gates shall be provided here (Figure 7-i).

The improvements to "F" Street east of Third Street shall also be contained within the existing right-of-way. The existing curb to curb width equals 51 feet. The existing curb and gutter and concrete sidewalk shall remain in place. Sidewalk may be full width, property line to curb line, in the commercial district, with street trees in tree grates. Along residentially zoned frontage the landscaped parkways between curb and sidewalk shall remain. The curb-to-curb improvements east of Third Street should include two travel lanes and parallel parking (Figure 7-j). Turn lanes/pockets as needed can be accommodated at intersections due to available curb-to-curb width.

6. "G, H, I and J" Streets

The improvements to "G, H, I, and J" Streets shall be contained within the existing 80-foot rights-of-way. The existing curb to curb width equals 51 feet. The existing curb and gutter and concrete sidewalk shall remain in place. The striping improvements should include two travel lanes and parallel parking (Figure 7-j). Turn lanes/pockets as needed can be accommodated at intersections due to available curb-to-curb width. Sidewalk may be full width, property line to curb line, in the commercial district, with street trees in tree gates. Along residentially zoned frontage the landscaped parkways between curb and sidewalk shall remain.

7. "K" Street

The improvements to "K" Street shall be identical to the improvements proposed for Third Street (Figure 7-f). On "K" Street sidewalks shall remain behind the broad parkway strip, even in the commercial district, as a visual transition to the Self-realization Fellowship gardens to the south.

8. Street Intersections

Throughout "Downtown," from First Street west to the ocean, street improvements retain several design characteristics which are important and desirable for the character of this historic, "Main Street" area. Among these, is the use of a relatively small radius curve for curb returns at intersections. Smaller than the contemporary "suburban" radius of 25 feet to 35 feet, this "sharper" return (approximately 10 feet) promotes pedestrian activity and defines the unique streetscape flavor of the original Encinitas Downtown. The use of this sharper radius curve at curb returns is to be retained with all future street improvements in this area.

B. Eastern Residential Area

The street improvement standards established for the Residential East subdistrict are unique among the standards of this specific plan, reflecting the unique identity of this neighborhood. The residential portion of this neighborhood is, in certain aspects of character, a westerly extension of the Encinitas Highlands neighborhood to the east. As such, the intent of these standards is to maintain much the same informal, "semi-rural" character of the internal streets of this neighborhood, characterized by minimal and informal street improvements. Specified streets called out below provide key connections as part of a "safe routes" network, and are designed to formal pedestrian and bicycle facilities. Otherwise, neighborhood street standards are minimized.

1. East "F" Street

East "F" Street provides vehicular and pedestrian access to Vulcan Avenue/downtown via Requeza Street from points east. For this reason, it is important to provide formal pedestrian and bicycle facilities. On-street parking, however, may be eliminated, as a narrower street section will allow driveway parking for adjacent properties to be retained. The improvements shall include two travel lanes; bicycle lanes; concrete curb; and concrete sidewalk on the north side (Figure 7-k). The improvements shall be contained within an adequate minimum right-of-way.

2. East "I" Street

East "I" Street provides a through connection from points east of Cornish Drive to MacPherson Park along Vulcan Avenue. Improvements shall include two travel lanes; concrete curb; parallel parking and concrete sidewalk on the north side; and curbing on the south side (Figure 7-l). These improvements shall be contained with-in an adequate minimum right-of-way.

3. East "G", "H", and "J" Streets, McNeill, Briggs and DeWitt Avenues

Existing road widths and right-of-ways vary along these streets. The need is to provide adequate paved street width; ample shoulder width is set aside for informal pedestrian passage and shoulder auto parking, expected to be interspersed with landscaping. Minimum shoulder grading should be expected, to accommodate storm drainage. Improvements shall include two paved auto travel lanes, and designated shoulder width.

C. Specialized Street Improvements

These streets are located west of First Street in the plan area. Due to their unique characteristics, the improvements are specialized.

1. Moonlight Lane

Moonlight Lane is located west of Fourth Street between "C" and "D" Streets. The improvements shall be contained within the existing 20-foot right-of-way. These improvements should be identical to those used for alleyways. The entire right-of-way width should be paved and a concrete valley gutter installed along the centerline to facilitate drainage (Figure 7-m). No encroachments or obstructions in this right-of-way width will be allowed; any required fire hydrants, streetlights, or above-ground utilities shall be provided in dedicated easements behind the right-of-way line.

2. Sealane Drive

Sealane Drive is located west of Third Street between "H" and "J" Streets. The majority of the street is contained within a 40 to 46-foot right-of-way. Approximately 100 feet of the street north of "I" Street is located within an existing 20-foot right-of-way.

Ultimate improvements are planned to include two travel lanes, parallel parking along the western edge, and concrete curb and gutter along the eastern edge. The existing curb, gutter and sidewalk along the western edge shall remain, and is to be completed where currently not present (Figures 7-n and 7-o).

This standard requires that approximately 100 feet of additional curb and gutter be installed north of "I" Street along the western edge, with 0.06 acres of right-of-way dedication where the current right-of-way is only 20 feet wide (Figure 7-p). Because of existing development at this location, the ability to obtain this right-of-way width is unlikely unless new development is proposed to completely replace the existing development. Short of this, the City Engineer may determine interim, lesser dedication and improvements as may be feasible.

3. Private Street

The private street is located west of the Pacific View Elementary School and between "E" and "F" Streets. The improvements shall include 20 feet of pavement with a concrete valley gutter along the centerline to facilitate drainage (Figure 7-m). No encroachments or obstructions in this paved width shall be allowed.

4. Alleyways

The improvements to alleyways located within the plan area shall be contained within the existing 20-foot right-of-way width.

These alleyways shall be improved as shown on Figure 7-m. The entire right-of-way width shall be paved and a concrete valley gutter shall be installed along the centerline to facilitate drainage. No encroachments or obstructions in this paved width shall be allowed.

5.2.3 Controlled Intersections

Existing signalized intersections are located within the plan area at the following locations:

See Streetscape Element of the specific plan for improvement details for these intersections (Section 4.7). No changes to signalization at these intersections are recommended.

In addition to the existing signalized intersections, several existing all-way stop sign controlled intersections are located within the Plan area at the following locations:

See Streetscape Element of the specific plan for improvement details for these two intersections (Section 4.7).

The anticipated traffic volumes at this intersection will be significant such that signalization is warranted. See Streetscape Element of the specific plan for details. Also see Technical Appendix B, Section VI.

No traffic control changes for Third/"D" or Third/"E" streets are recommended. See Figure 7-c for proposed Third Street improvements. See Streetscape Element of the specific plan for "D" and "E" Street improvements.

Two additional intersections present unique circumstances which warrant additional consideration:

This is currently a 2-way stopped intersection, with a stop along "D" Street, but not for north/south traffic on Second Street. Higher traffic volumes on "D" Street than Second Street, and sizable street drainage dips across Second Street encourage north/south drivers to stop anyway, leading to some confusion at this intersection without a 4-way stop. This intersection shall be re-examined as a priority. Consideration for a 4-way stop shall be heavily weighted by the driver confusion cited above.

This intersection is currently stopped on Cornish Drive, but not for east/west traffic on Requeza - "F" Street. This intersection is at the crown of a hill, with poor visibility north/south, while traffic sometimes is fast moving along Requeza Street. Analysis by the City in 1991 indicated warrants are close for a 4-way stop. With the establishment of City Hall on Vulcan Avenue at the end of 1992, this intersection shall be re-evaluated as a priority for a 4-way stop. Traffic volumes, excessive speed on Requeza - "F" Street, safety for north/south drivers, and the character of the residential neighborhood through which this traffic flows shall be weighted heavily.

5.2.4 Special Street Conditions

Because Third Street northbound from "C" to "B" Street is a steep downhill slope, drivers have been encouraged to speed approaching the "B" Street intersection. This is potentially dangerous, especially considering pedestrian and bicycle traffic to and from Moonlight Beach. The City shall study available means to control the speed of traffic northbound and institute controls as feasible.

The Circulation Element of the City of Encinitas General Plan contains several policies regarding the utilization of alternative modes of transit. These policies are incorporated into various sections of the Downtown Encinitas Specific Plan.

The proposed transit facilities within the Downtown Encinitas plan area include a rail transit center. The circulation model has anticipated the future traffic volumes generated by the Transit Center.

The plan area is served by the North County Transit District (NCTD). NCTD is currently provides bus service on several routes passing through the plan area, on Highway 101, Vulcan Avenue and Encinitas Boulevard. Such bus service is expected to continue.

The development of bikeway systems within the plan area is consistent with facilities outlined in the Circulation Element of the City of Encinitas General Plan, and the Master Bikeway Plan and Engineering Feasibility Study for the city of Encinitas (MBP) prepared by Barton-Ashman Associates, Inc., November 1990.

The MBP states that approximately 80 percent of all bicycle trips are for exercise purposes and that most cyclists use a bicycle at least two days per week. A wide variety of types of bicycles are used, including racing types, "mountain" bikes, BMX types and beach cruisers. Problems reported range from glass and debris to poor lane markings and inadequate space. Not unexpectedly, most bicyclists surveyed would prefer separated bicycle paths or lanes, and quiet streets for travel.

The existing bikeway system within and around the plan area consists of a combination of Class I bike paths, Class II bike lanes, and Class III shared bike routes. The predominantly used bike route within the plan area is First Street.

In response to the statistical data previously mentioned, the following recommendations (Figure 7-a) are made:

Each of the above recommendations is consistent with the proposals outlined by the MBP and the policies identified in the Circulation Element of the City of Encinitas General Plan.

The majority of pedestrian facilities located in the plan area are addressed in the Streetscape Element of the specific plan. However, several goals and policies have been identified:

Pedestrian crosswalks on First Street, Second Street, Vulcan Avenue, "D" Street, and "E" Street are shown in detail in the streetscape section of the specific plan (See Section 4.7).

Striped pedestrian crosswalks shall also be installed at the following intersections:

South of "E" Street to Santa Fe Drive, within and along the east side of the existing railroad right-of-way, people have traditionally used the excess railway width as an informal recreational path. Even with the future addition of a second rail track, enough railway width will exist for this recreational path use to continue. As a part of this specific plan, the City shall pursue in cooperation with the North San Diego County Transit District (NCTD, the railway owner) the maintenance and improvement of this recreational path. This path is to be as informal and "low-key" in design as possible. Path delineation (such as open, decorative fencing) which will not block views to encourage pedestrians to stay on the path should be included. Improvement of the recreational path and related facilities is subject to public design review approval under the D-TC zone.

Public services and facilities are a key component of any specific plan. A primary goal of the Downtown Encinitas Specific Plan is to insure adequate capital facilities (sewers, storm drains, water, gas and electric utilities) and public services (schools, fire and police services, and other government services) based on the level of development which the land use component of the Plan calls for.

Utilities have been surveyed to determine the need for improvements, based both on age and need for additional capacity. The results of this survey are favorable: aside from relatively minor "spot" improvements, utility system capacities are adequate for build-out. The major improvement based on age, for the area's sewer lines, can likely be resolved through the installation of sleeve inserts rather than wholesale line replacement, precluding the need for extensive excavation and costs.

Another infrastructure objective is to underground overhead utilities, including electric, telephone and cable TV lines. An important opportunity exists to coordinate line undergrounding with street and alley improvements to save significant dollars. Funding sources also are planned to be combined for additional savings.

Public services are provided to the planning area and the rest of the City by the City and County governments and other public agencies. Service levels are planned based on population and intensity of land uses. Planned police and fire services will not be affected by adoption of the proposed specific plan. This includes the system of existing fire hydrants, which are judged adequate in terms of location, capacity and pressure. The elementary and secondary school districts will experience some impact as a result of the proposed specific plan land use.

An existing fire station (Station No. 1, on Second Street) and an elementary school (Pacific View Elementary School) in the planning area are planned to be maintained. The existing community branch public library on Cornish Drive also will be maintained, and there is an opportunity to expand it or replace it with a larger facility on the same site through combined long-range civic center planning.

Perhaps the greatest challenge for public services and facilities is providing funding for needed improvements. Beyond the capital facilities noted above, substantial capital costs will be involved in needed street, alley, pedestrian sidewalk/path, bicycle facilities, and streetscape improvements. The specific plan provides preliminary cost estimates for all capital improvements and surveys all potential funding sources to enable subsequent detailed capital facility programming to choose and carry out the best options, as discussed in Section 11.1.

A. Introduction

The specific plan makes provisions for land use changes. As part of the planning process, the impacts of these changes upon public services must be addressed. Different land uses have different public service needs.

Provisions for each of the public services have been addressed in the General Plan. For the most part, this specific plan does not significantly affect these public services. In order to clarify the impact of the specific plan upon each service, the Fire District, County library, schools, police and other services have each been addressed separately.

B. Fire Services

Fire protection to the planning area is provided by the Encinitas Fire Protection District through their Station No. 1 located at 415 Second Street in Downtown Encinitas. Currently, response time for the plan area is meeting district-wide level of service standards. The primary response time standard is five minutes for 80% of emergency calls. The level of service standard for ladder truck response is ten minutes for 80% of emergency calls.

The impacts of specific plan implementation upon the Fire District in Downtown Encinitas should not be significant. Response times within the planning area will be maintained. The Fire District reports that the existing system of fire hydrants in the area will continue to provide required hydrant availability. Individual new developments will be subject to standards for hydrant upgrades, fire sprinklers, and other safety systems. The existing citywide fire service impact fee will ameliorate any change to service demand created by new development intensities. The existing station will remain and the Fire District should be adequate to handle fire protection under the specific plan.

C. Library Facilities

Existing library services are provided to the specific plan area and a larger part of the surrounding City by the 4,100 square-foot Encinitas Branch of the County Library located at 540 Cornish Drive. Another branch library is located in Cardiff at the Cardiff Towne Center and totals 1,540 square feet. Current levels of service do not meet County library standards. Future needs on a population projection for Encinitas of 67,633 based on the 0.35 gross square feet per capita standard, when applied to Encinitas, calls for combined library facilities of almost 23,670 square feet (see Appendix J).

The Encinitas branch library may be expanded to a capacity of 8,000 square feet, possibly in conjunction with a future redevelopment of the civic center site. An additional facility of approximately 17,000 square feet will be needed to serve the entire City as well as the specific plan area. An opportunity exists in planning now ongoing for the Encinitas Ranch Specific Plan (the City's sphere area west of El Camino Real), to provide a site for a substantial new public library. This library would meet the locational need noted in the City-wide library study (Appendix J).

The demand for library services already exceeds available facilities, and will only worsen as new residential development occurs. Beyond the availability of sites, a citywide financing scheme should be developed for library capital facility construction and staffing. Such a City-wide program is beyond the scope of this specific plan.

D. School Facilities

The specific plan area is served by the Encinitas Union School District, San Dieguito Union High School District, and Mira Costa Community College District. See Appendix I for current enrollments, and student generation rates used to project school enrollment. Specific plan build-out would yield 305 elementary school students from within the Plan area, 98 more students than from existing development, and 110 more than from build-out under previous zoning. Junior high school enrollment is projected at 182 under specific plan build-out, 73 more than existing, and 65 more than previous-zoning build-out. High school enrollment is projected at 380 under specific plan, 153 more than existing and 137 more than previous-zoning.

Because of the increased dwelling unit potential the specific plan has increased school service demand. The school districts currently collect school impact fees assessed on new development to provide financing for future facilities, however, the current fees do not adequately meet the districts' needs for financing the facilities generated by new development. A mitigation agreement with developers will be required to address the impact of development on the school districts and to identify the additional financing of school facilities. The amount of any additional fee shall not exceed the actual impact created by additional residential development, and shall not apply to commercial development or use. An additional fee shall be based on a net increase in dwelling units, and shall not apply for the remodeling or expansion of existing dwellings.

E. Police Services

Police protection is provided by the San Diego County Sheriff's Department under contract with Encinitas. A single Sheriff's Department Substation, located at 175 North El Camino Real, currently serves the plan area.

Public Safety Element Policy 1.11 of the general plan states the City's goal of one 24-hour deputy per 10,000 residents. Current service levels exceed this standard by providing six 24-hour units per 10,000 residents. Police service will not be impacted significantly as no significant changes to existing development patterns and intensities are taking place, in terms of police service demand.

F. Parks

Downtown Encinitas is served by park and recreational facilities both within, and near the specific plan area. These are, the 0.9-acre Mildred MacPherson Neighborhood Park located at 1045 Vulcan Avenue, completed in 1992; the 2.43 acre Encinitas Viewpoint Park, on the north side of "D" at Cornish Drive; the 9.3-acre Paul Ecke Sports Park located at 400 Saxony Road, completed in March 1993; and the proposed 12.9-acre Moonlight Beach Park Master Plan located at Moonlight Beach between "B" and "C" Streets. Various "street-end" beach accesses and vista points also provide park/recreational opportunities. "D" Street vista/access and Swami's park/access are the most complete. "H" and "I" Streets offer less-developed vista-only facilities. "F" and "J" street-ends have been identified for eventual vista-only development, with preliminary costs in Chapter 11.

The net increase of residential units under specific plan build-out, compared to previous zoning, will provide an increased contribution towards parks capital facility funding through the City's Residential Park & Recreation Fee (Chapter 23.98, Encinitas Municipal Code). This mitigates the increased demand for parks created by the net increase of dwelling units.

G. Other Services

Other public services such as hospitals and general City administration will not be significantly impacted by build-out of the specific plan.

A. Introduction

Infrastructure refers to those improvements in the community that are the commonly shared part of the built environment. It is the physical services, such as roadways, lighting, sewers, water, and utilities that provide a base for the city structure. Land value usually increases with infrastructure improvements. Infrastructure unable to meet the requirements of development and out of sync with the community character can defeat the achievement of the community's vision.

Infrastructure is crucial to the specific plan because it is a major factor in carrying out the proposed plan. At the same time, the specific plan is a tool for helping to realize needed infrastructure improvements. This section of the plan discusses each area of infrastructure, including water, storm drains, sewer, gas, electric, telephone, and cable. The streets, alleys and sidewalks portion of infrastructure is treated separately under Chapters 4 (Streetscape Plans) and 5 (Circulation Plan).

Following is a discussion of existing infrastructure and its adequacy. Two factors determine the adequacy of existing infrastructure. The first is its lifespan. Based on useful lifespan, some of the existing infrastructure will need to be replaced and some of it will not. The replacement of old infrastructure as determined in the specific plan is crucial for the maintenance of facilities in the Downtown area.

The capacity of existing infrastructure also has been taken into consideration. In some areas, projected growth will dictate the necessity for increasing the capacity of the facilities. By looking at projections for new development, projected infrastructure needs can be determined and addressed before that development occurs.

B. Water Drainage/Storm Drains

Analysis:

Please refer to Figure 8-a. The existing storm and surface water drainage system serving the Downtown Encinitas specific plan area and adjacent neighborhoods is a gravity-flow combination of surface street/alley drainage and underground drain pipes. The ultimate exit point for this drainage is Moonlight Creek, on the north edge of the planning area which empties into the ocean at Moonlight Beach. For the most part, the entire planning area surface-drains to the alley between Second and Third Street from I Street to F Street. From there the drainage enters an underground pipe, which flows north up Second Street to Moonlight Creek. There are inlet grates at Vulcan Avenue, between H & I Streets, which collect water and empty off into the railroad right-of-way; and a relatively small amount of drainage at E Street that empties onto the coastal bluffs.

Temporary flooding currently occurs at F Street in the alley west of Second Street at an inlet into the main storm drain. This is caused by the inadequate size of the main north of this point, which is 18 inches in diameter compared to the 36 inch main feeding into this point. The existing 18 inch main needs to be replaced with a 24 or 36 inch line. At G & H Streets, on the west side of First Street, short-run corner by-pass drains experience temporary capacity problems during heavy rains. The inadequate capacity of these by-pass drains shall be corrected with any proposed land development of the adjacent commercial lots. Standing stagnant water in these existing by-pass drains, however, periodically causes odors which repel pedestrian activity and may cause public health concerns. The City Public Works Department shall investigate this standing water problem, and include solutions in the next available proposed capital facilities budget.

Summary:

Visual inspections of the storm drain system are done annually. A list of needed repairs is made and priorities established. An example of a high priority item would be a culvert drain collapsing causing the road to cave in.

Street maintenance has an annual flood control fund of fifty thousand dollars to use City-wide. This money is used to contract maintenance service for City-maintained storm drains, grates, ditches and anything that would carry storm water. This is for maintenance purpose only, however, and does not fund capital improvements.

Localized storm drain inadequacies, include those at First Street/H Street and First Street/G Street intersections. More substantial improvements are the replacement of the 18 inch storm main, and the resolution of the storm drainage on the coastal bluff at E Street. All of these storm drain improvements are to be financed from the existing City system of storm drainage development impact fees, prioritized among Citywide storm system projects. No additional measures through this specific plan are required. Again, however, the opportunity should be taken advantage of where ever possible to combine capital projects for cost savings, e.g. streetscape improvements with the upgrading of the storm main.

C. Sewer System

Analysis:

The Downtown Encinitas specific plan area is served by the Encinitas Sanitary District, a subsidiary sewer district of the City. The specific plan area comprises about one-seventh of the land area of the entire District, and generates about 30% of the District's current volume of sewage. All sewage flow from the District goes north to the Encina Joint Powers Authority sewage processing plan in Carlsbad.

In 1992, a District master plan was prepared (Ref. "Encinitas Sanitary District Sewer Master Plan - Final Submittal," September 1992, Dudek and Associates, Steve Deering RCE 26514, on file in the Engineering Department, City of Encinitas). This plan assesses the adequacy and need for capital upgrades for all elements of the District's system, including the adequacy of system capacities (i.e. the amount of sewage the system can handle versus the amount generated, today and at future land use "buildout"); and the needs for upgrades based on system age and wear. This assessment finds adequate system capacity to handle buildout, including consideration of the land use buildout under this Specific Plan.

Several elements of the system are in need of rehabilitation or replacement based on age and wear. Local sewer mains in the Specific Plan area are in generally "fair" condition, frequently suffering from root intrusion and off-set joints. Repair of these main problems can be accomplished by inserting new sleeves, rather than having to dig up the street and install new pipes. This avoids the necessity of street excavation. Resleeving can be accomplished over time as a "routine" maintenance program; none of this work can be accomplished immediately. A force main under "B" Street/Encinitas Boulevard also needs to be relined. While it is anticipated this can be done by resleeving, this is not certain at this time, and street excavation could be involved.

Sewer manholes are also in generally "fair" condition. A majority need rehabilitation to prevent infiltration during flooding or high ground water conditions. This is especially true for manholes in the vicinity of the Moonlight Beach Pump Station, on Third Street between "B" and "C" streets. These repairs can also be done over time, none are an immediate threat.

The pump station at Moonlight Beach pumps sewage from the entire District area, not from just the Specific Plan area. This station is in need of several upgrades, ranging from relatively easy valve replacements, to the eventual replacement of the stations pumps. None of this work, however, will cause significant construction or excavation outside of existing station walls.

Summary:

The Sewer District Master Plan includes a preliminary estimate of capital facility upgrade costs. All capital upgrades are intended to be paid for out of a District capital facility financing program; no special or additional assessments or fees for this purpose through this Specific Plan are necessary. In the future, based on its Master Plan, the District should be addressing the details of capital facility financing and Sewer District fees.

In terms of project coordination, when ever street or alley streetscape or construction is undertaken within the Specific Plan area, the opportunity should be taken to rehabilitate sewer manholes at the same time.

D. Water Service

Analysis:

The specific plan area is served by the San Dieguito Water District which is a subsidiary of the City of Encinitas. The existing distribution system for the planning area is in good shape and existing pipes are sufficient to accommodate growth. The main lines are 12" pipes and feeder lines are 6" or 8" pipes. Pipes are made of asbestos cement, and do not need to be replaced. There is no projected problem supplying water unless the district is restricted in the amount of water it receives through the County Water Authority. There is not an age or capacity deficit for providing service for the build-out of the area as now provided under the specific plan, except for the localized area noted below.

As of 1991 there was insufficient storage capacity for the entire water district. By the year 2014, according to master plan build-out projections, 28 million gallons need to be stored. Existing storage is at 5.5 million gallons with high priority being set within the next 5 years to select and purchase sites to increase storage. No potential sites for increased storage would be in the specific plan area. This is an issue pertaining to the entire water district, and is beyond the scope of the specific plan.

A high priority exists for replacement of any service pipes identified as less than 4" in diameter. The only high priority in the Downtown specific area is a lateral 1-1/2" copper pipe serving four commercial establishments at the La Paloma Theater. This was flagged as high priority, but involves minor excavation - moving meters to a different location. The water district has money budgeted for projects meeting criteria of high priority; alternatively, some upgrades may be accomplished with private site development.

A potential water line capacity problem would exist if a large zoning change occurred, i.e. residential to commercial, because of fire flow requirements. If pipes sized according to the current general plan for residential usage of 1500 gallons per minute were required to serve commercial usage of 3000 gallons per minute, this would create a problem. However, no such changes are currently proposed.

Summary:

In conclusion, there are no "high priorities" within the Downtown specific plan area other than the 1-1/2 copper line which was flagged because it meets the priority criteria, but is adequate now and will not be addressed unless new site development is proposed. The major focus for the next five years is purchasing reservoir sites to increase storage capacity citywide. The Water District (1992) is proposing the adoption of a master plan for storage capacity and other District needs.

E. Cable Television Service

Analysis:

Dimension Cable Television is a private franchise service. This is not considered a vital public utility and service is independent of the land use types and intensities which the City establishes. However, street or alley excavation can be required to extend service, or to place cable lines underground. The purpose of this section, then, is to identify where lines may need to be extended or undergrounded, in order to coordinate with other street excavation which is otherwise needed or planned.

Cable service exists throughout residential portions of the planning area. Most lines are aerial and in the alleys. Areas not served are commercial areas along First Street; Second street from F Street to K Street (a line extension in the alley between Second and Third Streets would be logical); and Third Street north of C Street. A trunk line exists at alley at Second Street between B & C Streets, but no service line exists.

Summary:

Dimension Cable upgraded its system of existing lines throughout Encinitas in 1992. This included replacing cable, upgrading the physical condition (replacing equipment and connections attached to poles) and providing increased channel capacity. This upgrade did not include service extension to areas not currently served. It strictly rebuilt what is already there.

A franchise agreement between the City and Dimension Cable requires the cable company to pay for undergrounding anything in the public right-of-way related to City-generated projects which are already digging up the street (see Figure 8b). If the City will be digging up the street, for street improvement or other utility upgrades, Dimension Cable should be required to place conduits and underground its lines.

F. Gas Service

Analysis:

Gas service for the specific plan area is provided by San Diego Gas and Electric (SDG&E). According to staff from the Gas System Planning Section of SDG&E, gas pressure in the specific plan area is adequate to serve the area. Some older gas mains exist, but no replacement is anticipated at this time, and none is scheduled for replacement in the near future.

Summary:

No anticipated problems are foreseen with build-out of the specific plan.

G. Electric Service

Analysis:

San Diego Gas and Electric (SDG&E) also provides power to the specific plan area. As shown in Figure 8c, all existing primary electric lines are above ground.

Summary:

Although no capacity problems are foreseen with build-out of the specific plan, the undergrounding of all primary overhead electric lines is proposed and should be coordinated with proposed streetscape and street/alley improvements.

Rule 20A, replacement of overhead with underground electric facilities, pays a portion of undergrounding. This includes undergrounding of electric facilities that are in the general public interest, where an ordinance creating an underground district, applies where scenic criteria are met, and where an extension is for a minimum distance of one block or 600 feet whichever is lesser. The total dollar amount distributed for conversion is determined by the number of existing meters in the City.

H. Telephone

Analysis:

Pacific Bell provides service to the Downtown area. The area has both overhead and underground telephone cables (see Figure 8d). The majority of the underground cabling exists on Vulcan Avenue and First Street between F and J Streets; on Third Street between C and D Streets, and in the alley behind Third Street between H and I Streets. Ninety percent of overhead telephone lines are in the alleys behind First, Second, Third and Fourth Streets between C and K Streets. Overhead lines also exist east of Vulcan Avenue on E Street, McNeill Avenue and F Street and the alley on DeWitt.

Summary:

There is adequate capacity. Changes and growth are based on historical observation and changes in trends. There is no age problem. Pacific Bell has its lines on San Diego Gas & Electric poles, and if San Diego Gas and Electric is undergrounding lines the phone company will also underground lines. Although the phone company does not have a 20A program like San Diego Gas and Electric, they are required to match San Diego Gas and Electric's 20A funds for undergrounding.

Trees make the community a better place to live and provide a lasting impression to all that live and visit there. Although estimates can be calculated for the monetary value of trees, the value of their contribution to individual residents, the community, and the environment is priceless. Trees provide a multitude of economic, environmental, and aesthetic benefits by:

There are approximately 600 existing street trees that have been inventoried within the Downtown Encinitas Specific Plan area. The dominant species include palms, ficus, pines, and eucalyptus. Some of the mature trees found within the area may have been planted as far back as the late 1800's, when Encinitas began to develop as a town. These trees are an important resource that distinguishes the downtown from other communities and should be preserved. The Architectural and Historic Re- sources Inventory of the Downtown Encinitas Specific Plan Area, (Appendix C) discusses these resources in more detail.

The Downtown Encinitas area enjoys a moderate, coastal climate with temperature ranges averaging between 55 and 70 degrees. All-time record lows range from 33 to 20 degrees (Sunset Western Gar- den Book, California Local Zone 24). The two soil types that are found in the area consist of welld-rained, deep loamy coarse sands and well-drained, fine sandy loam with a clay subsoil. More detail regarding the geographic and climatic conditions are discussed in the accompanying Environmental Impact Report, Appendix A.

Part of the community vision for Downtown Encinitas includes protecting and enhancing existing visual resources. The following issues relating to trees within the community are recognized:

The major goal of this master plan is to enhance the streetscapes of the downtown Encinitas specific plan area by establishing a comprehensive street tree program which addresses street tree preservation and provides a master street tree plan for all streets within the specific plan boundary. This goal will be achieved over the next several years, as Encinitas continues to evolve. In some instances, however, certain segments or entire street lengths of street trees can be installed along with street improvements in the near future. Refer to Chapter 11.0 for implementation priorities and programs.

Street trees in urban environments are subject to environmental stresses and conditions that do not beset other landscape situations: small planting spaces, air pollution, limited moisture, glare and reflection of heat from pavement and building walls, and damage to roots and bark from vehicles and delivery trucks. Under such conditions, street trees are more susceptible to disease and insects which, unfortunately, shorten the life expectancy of City street trees.

With this understanding, the following provisions specifically pertain to street trees within the specific plan area, in addition to the general landscape recommendations found in Section 4.8. Should a conflict exist between a provision in this section and a recommendation in Section 4.8, the provisions in this section shall take precedence.

a. Design/Planting Guidelines

b. Management/Maintenance Guidelines

(Ord. 2019-28)

Most streets in the Downtown Encinitas specific plan area are characterized by an eclectic tree palette. There are a few small thematic groupings of trees scattered along some streets. The overall goal of the street tree concept plan is to provide a dominant street tree for each street within the specific plan area. This will provide continuity and reinforce the distinct character of individual streets with-in the Downtown area. Street trees, to be planted when new or in-fill development occurs or when replacements for old or diseased trees are required, shall be planted with the designated theme street tree(s).

Although numerous mature eucalyptus, ficus, and cypress trees exist throughout the community and are recommended for preservation, these trees will be phased out over time through natural attrition because of maintenance and hardscape problems associated with these species.

Theme street trees have been selected for all the streets within the specific plan area listed below and shall be planted in accordance with the City's landscape planting standards. In addition, one or more species can be selected from the suggested street tree palette is provided below for all other streets within the specific plan area. Either one or more species can be selected from this list for planting along the parkway within the street right-of-way of these other streets.

Neighborhoods should be planted with a variety of species rather than just with one or two species in order to ensure that an entire neighborhood is not denuded of street trees due to a pest, disease, climatic occurrence, or other problems. However, each street should have a dominant species, which provides design unity along the streetscape. The street trees listed below are well suited for our coastal climate, street conditions, and almost all are drought tolerant.

Additional tree species may be planted within the Downtown Encinitas Specific Plan area at the discretion of the City Manager or designee, who shall follow the City's most recent overall street tree planting list. Factors to be considered include the long-term health of the tree, location, compatibility with the adjacent uses, as well as other design considerations. Priority shall be given to drought tolerant and drought resistant tree species. No tree, shrub, or plant listed as invasive in the City's invasive plant policy shall be planted.

THEME STREET TREES

SUGGESTED STREET TREES3

(Ord. 2019-28)

A. Introduction

In communities across the United States, people are becoming aware of the value in preserving their cultural and historic heritage. This interest in our past can be attributed in part as a response to the modern-day, mass-produced housing and look-alike shopping centers and supermarkets. Historic preservation efforts can also be seen as an extension of environmentalism: the realization that precious resources - both natural and man-made - are limited and need conserving.

A community's historic buildings are the tangible links with its past and reflect its unique character. Through these links the community's sense of identity is strengthened. Familiar landmarks establish a sense of permanence and anchor the community as a place in time. Historic preservation activities can also foster civic pride and community spirit.

B. Background

The Encinitas General Plan contains policy statements that call for the identification of the City's historic and architectural resources, and proposes that implementation programs be designed to preserve them. Resource Management Element Policy 7.3 states that "the City will pursue development of an historic resources program to assist in the identification of those buildings, structures, and places within the City that have historic significance."

The Land Use Element of the General Plan defines a cultural overlay zone to apply wherever significant historic resources are identified. The citywide zoning code requires projects affecting known historic resources to study potential negative impacts and provide mitigation to the extent feasible.

Through these policies, the City recognizes the importance of protecting the community's link with the past. The vision statement for the Downtown Encinitas Specific Plan states that the purpose of the specific plan "is to guide evolutionary development and historic preservation of the Downtown area by providing comprehensive guidelines, standards, and implementation programs based on a community vision which fosters a spirit of community interaction and pride;" and to "...protect and enhance existing visual, cultural, historical, and natural resources."

To this end, the issues addressed in the specific plan include the identification of historic resources and development of alternatives for preservation. The "Architectural and Historic Resources Inventory" (refer to Appendix C), conducted in conjunction with the development of this specific plan, identifies individual resources of varying degrees of significance. This study is not a conclusive determinant of the significance of individual sites, which are still subject to the City-wide cultural resources overlay (Municipal Code Section 30.34.050). Rather, it indicates the range of potential resources, the most important ones being Derby House, La Paloma Theater, and the Boat Houses.

The purpose of this Historic Preservation chapter is to generate interest in and awareness of the Downtown Encinitas area's varied historic resources, and to focus appropriate attention on how to protect them. The specific plan proposes voluntary preservation activities and programs for the Downtown area's historic resources.

There were two dramatically significant periods in the development of the Downtown Encinitas area. The first occurred in the mid-to-late 1880's - an optimistic boom period of real estate speculation and development that transformed not only Encinitas, but all of Southern California. The second period occurred between the mid-1920's and the late 1940's. This boom was set in motion by the formation of the San Dieguito Irrigation District in 1923-24, and made possible for the first time both substantial expansion of agricultural production and the urbanization of Encinitas. Prior to that time, the limited water sources found through wells and/or made available by Cottonwood Creek had restricted the community's development.

Development Pattern During the Early Settlement Period (1880's)

The architecture of Encinitas during the mid-to-late 1880's is typical of the small town rural design found throughout the United States. The village's first commercial structures were concentrated around the railroad depot at First and F Streets, as were the homes of the merchants, postmaster, and the railroad station agent. The depot, reflecting the stature of the railroad company, was the most ornate and stylish building in town. In 1883, the town was platted in the gridiron street pattern in evidence today.

Early residential development was simple in design and derived from the Cape Cod/Classic Cottage house style: frame/overlap board construction, side-gabled floor plan, and close-cropped eaves. This housing type is part of a long vernacular American building tradition that dates back to the early English settlement of the United States during the seventeenth and early eighteenth centuries. Although no surviving Classic Cottages were identified in the inventory, the American Colonial Revival cottages built during the 1920's, 30's, and 40's are descended from this form.

There were also buildings of what is commonly thought of as "Victorian" design. The most significant surviving example is the Derby House (649 Vulcan Street, 1883). The original Encinitas Hotel (Ca. 1883), which stood near the northeast corner of First and E Streets, was a Second Empire Style building whose principal architectural elements - mansard roof, window trim and cornice moldings - reflected the higher style Victorian design precepts fashionable in the East during the 1860's and early 1870's.

The commercial buildings of the early settlement period are also of simple frame construction with "false front" facades (including stepped parapet) intended to give the building a more imposing character. Classical notions of symmetry, and some Classically-derived architectural details are employed. Downtown Encinitas' first commercial block was built around 1887 by early Encinitas real estate promoters E.B. Scott and G.W. Marsh.

As was typical for many small rural frontier communities, Encinitas public buildings during this period were limited to a schoolhouse and church - both with "gable-front" orientations and similar architectural treatments derived from early nineteenth century Classical Revival precedent. Very few examples of architecture from this frontier period appear to survive. Those which do survive—such as the Encinitas Schoolhouse and the Derby House—reflect the design sensibilities of the era.

Development Pattern Between the 1880's and 1920's Booms

By the end of the 1880's, Encinitas' first boom ended and the community went into a period of relatively little change. The population increased by no more than 30 people during the entire period between 1890 and 1920.

Despite the sluggish local economy, the ascendancy of automobile travel and its impact on the urbanization of Encinitas, along with the diversification of the local economy, is reflected in a new generation of building types. The State of California paved and widened Old Highway 101 in 1913, and public works contracts found in The Southwest Builder & Contractor in 1919 indicate that new modern concrete bridges were installed for the highway system at Cardiff and over Agua Hedionda Creek. The coming of electricity to Encinitas in 1915 also provided the foundation for urbanization during the late 1910's and 1920's.

The homes built during this period are simple Craftsman and Transitional Victorian buildings of frame construction, sheathed with overlap board, wood shingle, or ship-lap siding, with overhanging gable or low-pitched hip roofs and exposed rafter tails. The Transitional Victorian buildings have more of a vertical orientation in proportions, roof pitch, and window heights, while the Craftsman homes (loosely 1903-1930) are more horizontal in line and proportions.

Development Pattern From the Mid-1920's through the Early-1930's

Encinitas grew rapidly during the 1920's and early 1930's, tapering off dramatically with the worst phase of the Great Depression (mid-1930's). With the inclusion of Leucadia in 1923 and Encinitas in 1924 as part of the San Dieguito Irrigation District, and relocation of the District offices to Encinitas in 1925, the availability of water for agricultural uses and for urbanization seemed assured. It is estimated that roughly a third of the extant building stock in Downtown Encinitas was constructed between 1924 and 1932.

To the north in Leucadia, much of the land was subdivided between 1924 and 1927 by F.H. Tolle and Los Angeles industrialist/developer William G. Kerkhoff (1856-1929) of the South Coast Land Company. Aware of the new profitability of Encinitas/Leucadia real estate, other major firms of regional importance, such as the Los Angeles-based Frank Meline Company became involved in marketing Leucadia's agricultural lands. Hollywood developers, such as Edward A. Biby and G.G. Powell (Encinitas Land Company), Aubrey Austin of Santa Monica, and A. Cory of Oceanside, focused on construction of new commercial buildings in Downtown Encinitas, including the La Paloma Theater and the "second" Encinitas Hotel.

This "boom" also brought other new builders to Encinitas. Miles M. Kellogg & Sons, apparent builders of many of the residential and commercial buildings in the downtown area, came to Encinitas in the early 1920's. According to the Encinitas Coast Dispatch, C.H. Bigelow relocated to Encinitas from Long Beach, California, in August 1925, and established offices in the newly constructed Encinitas Hotel Building. Bigelow is mentioned numerous times in the real estate notes sections of the local paper between 1925 and 1930 as at work on residential buildings in Encinitas and in the new South Coast Park subdivisions in Leucadia.

The sunny development market in the Encinitas-Leucadia area also attracted the attention of a major Los Angeles-based mail order house construction company called Pacific Ready-Cut Homes (a.k.a. "Redi-Cut"), a firm which provided a catalogue of pre-designed, pre-specified buildings for which all pre-cut lumber, sash, and hardware would be shipped out from the Los Angeles headquarters to the purchaser. The purchaser would then hire a local contractor recommended by Pacific Ready-Cut to assemble the building. A large display ad in the 1928 Encinitas Coast Dispatch, suggests a serious effort on the part of the company to market its homes locally. The ad shows a handsome and very fashionable Spanish eclectic style home. The name Everett B. Parke, Oceanside, appears in the ad as "the exclusive authorized builder." It is concluded from this information that any Pacific Ready-Cut buildings constructed in Downtown Encinitas were built by Parke.

Acknowledging Downtown Encinitas' ascendancy as an important business center and as a tourist destination along Highway 101, T.J. Lewis sponsored a plan in early 1928 that led to the installation of the Encinitas Sign. Once extending across First Street adjacent to the Encinitas Hotel, the neon sign consisted of a metal shell approximately 20 feet in length "...with 15 inch letters lighted in vivid blue and red at night..." (Encinitas Coast Dispatch).

Residential development in Encinitas during the 1920's and 1930's consisted of two basic architectural styles and two minor ones: most of the buildings were either Spanish eclectic in design, or simple unornamented bungalows derived from the Classic Cottage house type. The Spanish eclectic homes often featured smooth plaster walls and flat roofs with stepped or scalloped parapets (the parapets sometimes had mission tile coping), with mission tile hoods over the windows or entrance.

Construction of a handful of examples in Encinitas of the English Eclectic style occurred during the late 1920's, reflecting growing popularity of Tudor Revival in the United States. Another, even rarer style found throughout California during the mid-1920's was the Egyptian Revival, a short-lived architectural fad which is generally ascribed to the discovery and opening of King Tutankhamen's tomb in 1922-23 (a good example of which is found nearby to the east of the Specific Plan area).

Development Pattern During 1940's and Early 1950's

During the Post War period of the 1940's and early 1950's, infill development of commercial buildings continued along First Street, Second Street, and some of the adjoining side streets, essentially giving the downtown area its current overall character. A number of homes were built on Third and Fourth Streets, and between the Encinitas Highlands and the Santa Fe Railroad right-of-way during this period.

The commercial buildings are simple versions of the Moderne design idiom popular in the mid- 1930's: large plate glass windows with low bulkheads beneath, a crisp rectilinear appearance with no ornamental detail, tall upper fascias with straight-line parapets.

The residential buildings of this period take their design inspiration primarily from three sources: The American Colonial Revival, the Moderne design idiom, and the "Ranch House" type popularized by architect Cliff May starting in the late 1930's.

Vacant Lots in Downtown Encinitas

The 1929 Sanborn Company Fire Insurance Maps of Downtown Encinitas clearly show that roughly 50% of the lots were still vacant by the late 1920's, leaving much land available for development during the late 1930's, Post-War era, and well into the 1980's. The continuing availability of vacant land helps explain the heterogeneous character of downtown Encinitas' built environment. Thus, over the decades, whenever conditions arose favorable to new development "spurts", there was vacant land available to build upon.

Because the downtown area developed over time through three boom periods, the historic survey resulted in no recommendation for the establishment of an historic district (as defined by the Department of the Interior). However, it is this eclecticism, within the context of small-scale beach community development, that is identified in this specific plan as a character to be preserved. Thus, the historic preservation strategies of this plan should be applied to the broad variety of identified resources, without preference for any one historical period.

Cottonwood Creek and the Development of Encinitas

Any historical account of the evolution of Encinitas would not be complete without noting the key role Cottonwood Creek played in the early development of the town. The mouth of this creek opens to Moonlight Beach at the north end of the specific plan area. Bordered on the north by B Street, on the east by First St, on the south by the bluffs of Moonlight Beach, and on the west by Third Street and the Pacific Ocean, Cottonwood Creek was the primary source of water and wood fuel in Encinitas. The location of the creek was responsible for the California Southern Railroad choosing to establish this area as a water stop for its trains in 1881. This railroad access and the availability of water and wood led to the formal establishment of the Town of Encinitas in 1883—the first town along the rail line between National City and Oceanside.

The availability of water in the San Dieguito area was the principal force driving real estate and agricultural development of the land. While vital to the early existence of Encinitas, Cottonwood Creek's limited water supply restricted population and the development of the area until the completion of Hodges Dam in 1918 and the formation of the San Dieguito Irrigation District four years later.

In recognition of its significance to the development of the Encinitas area, Cottonwood Creek was recently designated by California as a State Point of Historical Interest. It is also recognized in the Historic Resources Inventory that the Creek is eligible for local landmark designation. Preservation/restoration of the creek area is addressed in Section 3.1 of this plan under the Moonlight Beach Park Subdistrict.

A. Introduction

Any successful preservation program must include not only the identification of historic resources, but development of measures to protect them. Potential historic resources have been researched in the "Architectural and Historic Resources Inventory of the Downtown Encinitas Specific Plan Area" (Appendix C). This section of the Specific Plan outlines basic strategies that can be made available to assist in preserving the community's historic resources.

There are two broad approaches to historic preservation: regulatory, and incentive-based. Since most potential historic resources are under private ownership, and because there are real economic implications of preservation, a strictly regulatory approach is difficult to achieve. Furthermore, the Downtown Encinitas community has made clear that it desires a preservation program that is incentive-based and voluntary. With this in mind the following strategies for a preservation program were developed.

B. Regulatory Mechanisms

There are existing City and State regulations that provide a level of protection for identified historic resources. These regulations provide both restrictions for preservation, and a relaxing or restructuring of regulations (such as development and parking standards) and flexibility of allowable uses to achieve preservation.

California Environmental Quality Act (CEQA)

Virtually all development projects are subject to the environmental review process established by the California Environmental Quality Act (CEQA). Projects that would destroy or substantially alter a known historic resource could be deemed to pose a significant effect on the environment. Under CEQA, significant effects must be minimized to the extent feasible. Mitigation measures will vary depending on the project, but can range from photo-documentation or a narrative report recording the resource, to preservation by a variety of means: maintaining the basic structure while accommodating architecturally compatible additions, or granting a "facade easement" for the exterior appearance of the structure. Sometimes as a last resort, relocation of a historic structure is considered.

The City's General Plan establishes a Cultural Resources overlay that applies to historic resources. This overlay is implemented generally by the Municipal Code, which requires projects involving historical sites or structures to perform a site resource survey and impact analysis to determine a site's or structure's significance and the need for impact mitigation (Municipal Code Section 30.34.050 (A)(1)(b)). This Municipal Code requirement continues to apply in the specific plan area. The "Architectural and Historic Resources Inventory" is not to be used to determine when a site definitely has or does not have a significant architectural or historic resource; a site-specific resource survey per the Municipal Code shall be required.

Specific Plan Provisions Affecting Historic Resources

There are features of the Downtown Encinitas Specific Plan that, properly applied, will positively influence the continued viability of the area's historic resources and should help achieve preservation. The design recommendations and development standards were created to preserve and maintain the existing desirable character of the Downtown area. An important part of that character derives from the area's historic resources.

Design Recommendations—The Design Recommendations of this Specific Plan were developed to maintain and preserve the existing unique, beachy, small-town character of the Downtown area. Emphasis is placed on ensuring that new development is compatible in terms of bulk and scale to existing development. Choice of materials, colors, textures, etc., are also discussed.

The Design Recommendations provide some discussion of rehabilitation of historic structures. Rehabilitation of existing resources should be done in a manner that preserves the original character and integrity of the structure. Remodeling should be done so that non-historic materials or features are removed in favor of restoring original features and intended uses of properties. Removal or alteration of historic material should be avoided, while deteriorated architectural features should be repaired rather than replaced, whenever possible (See Section 4.5.9).

Development Standards—In addition to the Design Recommendations, the specific plan guides development through development standards. Citywide zoning and development regulations sometimes run counter to preservation of historic properties. Contemporary regulations generally require larger lot sizes and setbacks than were traditional for older urban areas. Because existing lot sizes in the Downtown area are small and narrow, previous City-wide standards made infill development difficult. New development under City-wide regulations would be encouraged to depart from the traditional mainstreet, small-town character of Old Encinitas. Typically, newer development is found on large consolidated lots necessary to comply with setback, parking, and landscaping requirements. The inability to develop or re-develop on infill areas in a manner consistent with older structures would not only discourage new development, but would also erode some of the small-town character found to be so desirable by the community.

The development standards in the Specific Plan provide for minimal lot sizes, setback and landscaping requirements. Designed to be more reflective of the existing development pattern, the development standards (primarily for First Street and Second Street corridors) provide for a more flexible building envelope that will enhance the viability of the area's historic structures. This may provide more incentive for rehabilitation and preservation, rather than encourage demolition of the Downtown's older structures.

The development standards for the commercial areas permit a mix of commercial and residential uses. The mixed-use zoning is well suited for the commercial developments along First and Second Streets. Many of the older structures (such as the Broun Building and Encinitas Hotel) were originally constructed for commercial and residential uses.

Parking Standards—Generally, the City-wide off-street parking requirements make development of the small lots in the Downtown area difficult. The parking standards provided in Section 3.3 of the Specific Plan are designed to encourage the vitality of the commercial district through the application of a variety of strategies including credit for on-street parking, revised parking ratios, and relaxed requirements for building additions and remodels.

Lesser parking requirements increase net usable lot area, thus discouraging the need for lot consolidations and large retail commercial developments. By restructuring off-street parking requirements, it will be easier for new businesses to occupy existing historic structures.

Flexibility in Land Uses and Adaptive Reuse—To encourage investment in the preservation of historic resources within the Downtown Encinitas Specific Plan, varying uses shall be permitted on lots with designated historic structures to encourage retention of historic resources. The Specific Plan shall permit a variety of uses in designated historic buildings while aiding in the preservation of their facades or characteristic profiles. With the same aim, the Specific Plan shall encourage and permit adaptive reuse of designated buildings.

State Historic Building Code—Certain projects affecting historic structures may utilize the State Historic Building Code. Adopted by the City of Encinitas, provisions of the code allow flexible building standards for eligible structures. Eligible structures include those listed on a national, state, or local register; or listed in an official inventory of historical or architecturally significant resources. This has two advantages: utilization of the code allows rehabilitations that respect and conform to older building methods, thus preserving the original architectural integrity; it also allows for continued use or adaptive re-use of old buildings that otherwise would not be allowed because of strict code requirements.

Projects eligible under this strategy include those affecting properties listed in the Historic Resources Inventory, and shall be implemented on a case-by-case basis. No other implementation action by the City is required.

C. Incentive Strategies

In addition to regulatory measures, another approach to preservation is based on financial and technical incentives. There are a variety of programs, grants, low-interest loans, tax credits, and deductions available to owners of historic properties. The City should investigate the feasibility of all available programs, and develop other viable incentive programs for purposes of maintaining and rehabilitating historic properties. This section outlines existing incentives that are available through various state and federal agencies. Many of the incentives take the form of tax credits or deductions.

Some of the existing programs outlined below require that properties be listed on the National Register of Historic Places, or be included on a State or local listing to qualify for incentives. It is not required that the City approve or initiate an application for National Register recognition. The process for placing an eligible property on the National Register may be initiated by any individual or organizational entity. However, the City will support the efforts of such groups or individuals in having historic resources placed on the National Register.

The City should investigate the feasibility of a local registry program, in coordination with local historic preservation organizations. Such a program will be voluntary: any property that is placed on a local register must be done with the owner's consent.

Table 4 summarizes the preservation strategies outlined in this plan, and how they may be applied to various significance categories of historic resources.

Table 4 PRESERVATION STRATEGIES MATRIX

D. Additional Measures

(Ord. 2009-15)

Land use planning ultimately has a relationship to housing issues. While housing has not been a primary impetus in the development of the Downtown Encinitas Specific Plan, the vision of an active seaside village, historically the "center of town" with its own neighborhood identity and neighborhood support of the commercial district, has meant a substantial focus on residential use. The specific plan implements the City's General Plan and the commitment of the Housing Element to provide a range and balance of housing opportunities.

The specific plan area includes the Residential East and Residential West subdistricts, which are primarily residential in nature and will continue to contribute to the City's housing stock. Other sub-districts, too, provide residential use today and are recognized in this plan as appropriate to continue to include a residential element, even if not as the primary element in those subdistricts. Chief among these are the First Street and Second Street mixed use districts.

The City has recognized the real opportunity provided by the specific plan to help address City-wide housing needs. It City's intent to fashion a plan which will realize this opportunity, within the limits of development which respects and maintains the unique and desirable character of downtown Encinitas' neighborhoods.

Chapter 2.0 of this plan is a detailed presentation of issues, goals and objectives. To summarize issues, the need for low income housing is recognized; maintaining community character and preserving existing housing stock (which is often among the most affordable housing in a coastal community) also are identified. To summarize housing goals and objectives, the plan should provide for appropriate in-fill under residential zoning and explore the allowance of residential as a secondary use in commercial districts as a mixed-use opportunity.

Chapter 10.0 treats general plan compliance in detail. In terms of housing, to be consistent with and to implement the General Plan, this specific plan must maintain the general pattern and density allowances of residential use designations established under the Land Use Element. In addition, as provided in the Land Use Element and specified as housing program VI-e in the Housing Element, the specific plan process has addressed mixed-use residential under commercial zoning.

The downtown Encinitas planning area encompasses the historic center of the original beachside community, with residential neighborhoods immediately surrounding its commercial core. At the time of the existing land use survey (1990) the planning area included 908 total dwelling units, 105 under commercial zoning and at least 46 attached to primary non-residential uses (commercial or office). Thus, a mixed-use pattern of residential in the commercial village, especially along Second Street, was established in the downtown Encinitas area prior to the adoption of this plan.

One hundred and thirty-seven (15%) of the existing dwellings were classified as stand-alone single-family residential. Two hundred and forty-two (27%) were duplex, and the remaining 483 (53%) were multi-family residential, at least 3 or more units in a building. This includes 99 units in the single largest development in the planning area, the Haciendas de la Playa condominiums, on the east side of Vulcan Avenue north of D Street.

Distinct from most of the rest of Encinitas, the downtown Encinitas residential community is one of predominantly multi-family use. Aside from Haciendas de la Playa, existing housing development in the downtown Encinitas area, whether single or multi-family, has been predominantly small-scale sited on the small lots which characterize the area. The overall housing picture has been one of a broad variety of housing types, in a scale and setting physically consistent with the eclectic beach village character of the area.

The housing "strategies" of the Downtown Encinitas Specific Plan are largely the result of the land use planning policies developed in Chapter 3.0. In crafting the most desirable zoning provisions for the various subdistricts, an additional benefit has been a net increase in housing potential, and of a type most likely to be "affordable" by market forces. The following outlines specific strategies.

A. First Street Mixed Use

The mixed use zoning (D-CM-1) structured for First Street replaces the previous commercial-only zoning for this subdistrict and allows residential units above or to the rear of primary commercial uses. This allowance for residential use is limited, to assure that the character of the First Street corridor will remain primarily commercial: stand-alone residential is not permitted, and residential units are not allowed to exceed 50% of the gross floor area of any site. The purposes of this mixed use allowance are to recognize the appropriateness of a "village residential" component of the downtown commercial core; to build in neighborhood market support for the downtown commercial district; to provide a more around-the-clock vitality to the commercial district; and to absorb any excess development potential in this subdistrict which commercial-only zoning may not be able to fill. Individual dwellings are required to be a minimum of 350 sq. ft. in floor area.

There is no density limit specified for the residential contingent of this mixed-use allowance, but it is possible to estimate a potential density yield. Based on the development standards, which apply under this zone, it is estimated that a maximum of 2 dwellings would result on a "standard" 5000 sq. ft. lot. This is the equivalent of approximately 17 dwelling units per acre without taking into account the commercial portion of a site's development; when accounting for this as well, the effective residential density may be seen as up to 34 dwellings per acre. It is not expected that every lot along First Street would be developed with this residential component, or that all sites, which do, would develop to this "maximum". Please see the assumptions for development included in Appendix E.

There are no regulations requiring mixed-use units to be restricted so as to be guaranteed affordable to low or very low income households. Mixed use dwellings are expected to be attached units, with the size and physical characteristics of apartment units. As such, it is expected that mixed-use units can be relatively affordable market-based rental units. Note the available incentives (paragraphs E and F of this Section) for guaranteed-affordable units.

B. Second Street Mixed Use

The zoning for Second Street (D-CM-2) under this specific plan replaces previous commercial-only zoning. The Second Street subdistrict is a part of the commercial core of the downtown Encinitas area, but is planned to be less intensive than First Street and to transition to the residential-only neighborhood to the west. While Second Street is subject to regulations to assure its primarily commercial function, the allowance for residential on Second is somewhat broader than for First Street. In addition to the allowance for residential mixed with commercial on a site (subject to the same restrictions as for First Street, above) Second Street is allowed to have a limited amount of stand-alone residential. This is allowed to a maximum 25 dwellings per acre, and for no more than 25% of the lots (by lot area) along the street. Please see the assumptions for residential development noted in Appendix E.

As for First Street, there are no requirements for residential units on Second Street to be guaranteed affordable. It is expected that they can be relatively affordable market-based rentals. Residential development may take advantage of the affordability incentives noted below.

C. Cozen's Site Subdistrict

This subdistrict is under one zone, D-VCM, which is another mixed-use zone. This replaces the previous commercial-only, visitor serving commercial zoning on this site. D-VCM is similar to the First Street zone in terms of the residential use allowance, with no specified residential density but an overall limit by floor area on how much site development may be residential. This zone allows a larger overall building envelope than the other commercial zones in the downtown Encinitas area. See Appendix E for assumed residential development potential. Residential units in this subdistrict will be attached multi-family, and may take advantage of affordable incentives below but are not automatically restricted by affordability.

D. D-OM Zone

The D-OM Zone is another mixed-use zone, which replaces previous commercial-only zoning. This applies to the east side of Third Street between E and F Streets, and is designed to allow office, residential, or mixed office/residential use. Stand-alone residential is limited to 15 dwellings per acre, to match the surrounding zoning allowance on Third Street. Mixed residential also is limited to 15 dwelling units per acre, and there is no proportional limit to the residential share. As for the other mixed-use zones, there is no requirement for guaranteed unit affordability, although projects may take advantages of incentives (paragraphs E and H of this Section).

E. Parking for Residential Uses

Under this specific plan, stand-alone residential development is required to meet the citywide parking standards established in the city's zoning code. 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. This plan also offers a voluntary incentive for mixed-use units which are guaranteed to be affordable to low or very low income households: such units per development site is are allowed a reduced, one-space per unit parking requirement.

F. Residential East Subdistrict

Most of the Residential East subdistrict is under the D-R11 Zone which replaced the previous citywide R-11 Zone for this area. The revised zone disallows attached apartments of 3 or more units but broadens the allowance for duplex units, so that duplex development is allowed for all lots of at least 5000 square feet. This revised zoning has been applied in recognition of the substantial transition of this subdistrict from original single-family to predominantly multi-family use, on the original small lots of this area. The revised zone will allow this transitioning to continue in character with the prevailing small-lot, small-scale type of neighborhood. The broadened duplex allowance somewhat increases the expected residential build-out potential of this neighborhood. (See Appendix E for assumptions and projected build-out.) Development under the D-R11 Zone may take advantage of the various citywide affordable housing incentives noted below.

G. Residential West Subdistrict

With a few exceptions, most notably Pacific View School, the Residential West subdistrict is zoned D-R15 and D-R25, allowing up to 15 and 25 dwellings per acre respectively. For the most part these zones carry over the citywide R-15 and R-25 zoning provisions, allowing attached multi-family development. The calculated residential build-out potential of this area has not changed over previous zoning. Development here may take advantage of the various citywide affordable housing incentives (paragraph H below).

H. Citywide Housing Programs

Through the City's Housing Element a number of programs are established which are basically incentives for residential developers to provide affordable housing. These include: consideration of accessory apartments, density bonus provisions, allowance for development of emergency and transitional shelter projects, application of federal housing voucher and similar support programs, affordable housing rehabilitation programs, etc. All of the housing programs of the Housing Element continue to be applicable to properties under the jurisdiction of this specific plan.

The build-out potential of the downtown Encinitas area has been projected based on realistic development assumptions. Details are provided in Appendix E. It is possible to compare the area's residential building potential under the specific plan, to the potential which applied under previous zoning, as well as to existing conditions.

The maximum residential potential under the specific plan is calculated to be a total of 1500 units at buildout. This compares to a total of 908 existing units in 1990, and a potential 971 units had previous zoning gone to buildout. Obviously, the allowance for residential use under the mixed-use zones makes a considerable difference. Four hundred and seventy-eight dwellings are potentially available under the various mixed-use zones, including stand-alone residential and mixed residential-commercial development. None of these were available under previous zoning buildout, given commercial zones without any residential allowance. The D-R11 Zone under the specific plan is projected for a potential 292 units at buildout, compared to 227 units under the previous R-11 Zone. The difference here is due to the broadened duplex allowance.

As noted above, while affordable housing is not mandated in this development potential, market forces are expected to apply such that this development can be affordable. As such, adoption of the specific plan helps address the obligation of the City (Calif. Gov. Code Sec. 65583) to provide adequate sites for housing opportunities for income categories of households with identified need.

The Downtown Encinitas Specific Plan was prepared in accordance with applicable goals, policies and provisions of the Encinitas General Plan, which calls for the preparation of a specific plan for the beach-side commercial corridor within the Old Encinitas community, and Coastal Act Land Use Plan (LUP).

The following are applicable goals and policies listed under each element of the General Plan/LUP followed by a discussion of the specific plan's consistency. Any future amendment of General Plan/LUP goals and policies should also include consideration of corresponding amendment of this Specific Plan.