1995-066 Amending Title 30 of Municipal Code and Downtown Specific Plan RESOLUTION NO. 95-66
A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF
ENCINITAS, CALIFORNIA TO CONSIDER AMENDING TITI 1~ 30 (ZONING), OF
THE MUNICIPAL CODE AND THE DOWNTOWN ENCINITAS SPECIFIC PLAN
WHEREAS, Title 30 (Zoning) of the Municipal Code and the Downtown Encinitns
.Specific Plan regulates the use of real property and the buildings, structures and
unprovements located thereon so as to protect, promote and enhance the public safety,
health and welfare; and
WHEREAS, Title 30 (Zoning) of the Municipal Code was originally adopted by the
City Council of the City of Encinitas in 1986 and the Downtown Encinitas Specific Plan was
adopted in 1994; and
WHER. EAS, on occasion !t becomes necessary to consider ado tin amc
Title 30 (Zomng) of the Munic~,,al tw,,~ ~_.~ .,. .... P. g ndments to
t. ,-.~,,~ aam me ~owntown ~-ncnntas Specific Plan to
remove ambiguities, provide clarifications, and to establish new standards; and
WHEREAS, pursuant to Chapter 30.72, Section 30.72.020.B. of the Municipal Code,
changes to the zoning regulations established in Title 30 (Zoning) of the Municipal Code
and the Downtown Encinitas Specific Plan must be initiated by resolution approved by the
ma'ori,-, of
.J ,s the City Council.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of
Encinitas as follows:
1. That the City Council hereby expresses its intention to consider amending Title 30
(Zoning) of the Municipal Code and the
in Exhibit A to this resolution. Downtown Encinitas Specific Plan as shown
2. That the City Council hereby directs the Community Development Department staff
to draft appropriate amendment language and to set these matters for review,
consideration, and public hearing action by the Planning Commission and City
Council in an expeditious manner.
3. That the City Council hereby authorizes the Community Development Director to
accept for processing discretionary applications which rely on the proposed
amendments to Title 30 of the Municipal Code and the Downtown Encinitas Specific
Plan following the City Council adoption of the amendments, but prior to the
effective date of the amendment. Applications which are processed in reliance on
the amendments must be accompanied by a statement from the applicant which
states that the applicant is proceeding with the development application at the risk
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of the applicant, that the City of Encinitas can not warrant that the application will
be approved or that the code amendments will become effective and that any fees
or processing costs associated with the application are not refundable. In the case
where an application is filed, processed and approved in reliance on a code
amendment which is not effective, a condition must be placed within the grant of
approval which stipulates that the approval is not effective unless and until the code
amendment is effective.
PASSED AND ADOPTED by the City Council of the City of Encinitas at a regular
meeting of the City Council held this 28th day of June, 1995, by the following vote to wit:
AYES: Aspell, DuVivier, Hano
NAYS: Bond, Davis
ABSTAIN: None
Chuck PuVivier, Mayor
City of Enciditas
ATI'EST:
Deborah Cervone, City
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EXHIBIT A TO RESOLUTION 95-66, A RESOLUTION OF INTENTION OF THE
CITY COUNCIL OF THE CITY OF ENCINITAS, CAIJFORNIA TO CONSIDER
AMENDING TIT[.~ 30 (ZONING), OF THE MUNICIPAL CODE AND THE
DOWNTOWN ENCINrrAs SPECIFIC PLAN
The following portions of Title 30 of the Municipal Code are intended to be considered for
amendment. ·
Apphcable sections of the Downtown Encinitas Specific Plan which correspond
to the changes within Title 30 may also be considered for amendment.
1. Chapter 30.04, Definitions:
(a) Caretaker unit, add definition
(b) Evaluate floor area ratio and lot coverage calculations to determine whether
to include only those areas on bluff properties which are landward of the face
of the bluff.
(c) Greenhouse, add definition
(d) Group care, add definition
(e) Horticultural services, add definition
(f) Small animals and animals, small: clarify definition and remove one of the
definitions since both presently exist.
2. Chapter 30.09, Use Matrix:
(a) Restaurants with alcohol beverages: change from use permit, major to use
permit, minor.
3. Chapters 30.16 and 30.48, Accessory Uses:
(a) Clari~ standards of detached accessory structures relative to location and size.
Includes limitations associated with garages, storage sheds, carports and
slm{!ar accessory uses.
(b) Encroachment of stairs into setbacks, limitations on vertical and horizontal
encroachments to be evaluated.
(c) Present code prohibits sound amplification devices, musical instruments or
sound reproduction devices. Consideration is requested to be given to
permitting entertainment within specific limits granted through the use permit
process.
4. Chapter 30.34, Wetlands:
Evaluate whether additional clarification is needed relative to setbacks from
wetlands. Compare general plan regulations with existing regulations to provide
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consistency between code and general plan.
5. Chapter 30.56, Recycling Facilities:
Review chapter to determine if changes need to be made to classes of facilities and
operational aspects of various classes of recycling facilities.
6. Chapter 30.60, Sign Regulations:
(a) Evaluate whether abatement criteria for nonconforming signs needs additional
clarification.
(b) Consider standards for monument signs including, but not limited to, materials
and colors consistent with existing or proposed building(s), replacement panels
consistent with rest of sign in appearance and materials. Lighting of
monument signs not to exceed performance standards and height increase to
be approved only after demonstration of evidence that increase is warranted
because tenant identification can not reasonably fit on standard sign.
(c) Clarify with diagrams the method of determining square footage or area of
signs.
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