2014-12 Amending Multiple Muncipal Code Sections ORDINANCE 2014-12
AN ORDINANCE OF THE CITY OF ENCINITAS, CALIFORNIA,
AMENDING ENCINITAS MUNICIPAL CODE CHAPTERS 2.28 CABINET TEAM
POSITIONS AND OFFICERS; 2.40 TRAFFIC AND PUBLIC SAFETY COMMISSION;
14.08 TRAFFIC ADMINISTRATION; 14.41 PERMIT PARKING ZONES; 15.04
CONSTRUCTIOIN ON PUBLIC RIGHTS-OF-WAY; 18.08 SEWER CONNECTION
FEES; 23.24 GRADING EROSION AND SEDIMENT CONTROL; 23.36 RIGHT-OF-
WAY STANDARDS, STREET IMPROVEMENT STANDARDS, AND BUILDING LINE
REQUIREMENTS; 23.40 FLOODPLAIN MANAGEMENT REGULATIONS; 30.16
RESIDENTIAL ZONES; 30.46 TEMPORARY USE REGULATIONS; 30.48
ACCESSORY USE REGULATIONS.
The City Council of the City of Encinitas, California, does ordain that the Encinitas
Municipal Code has been amended as follows:
SECTION ONE:
That Chapter 2.28 Cabinet Team Positions and Officers is amended to read as follows:
"SEE EXHIBIT A"
SECTION TWO:
That Chapter 2.40 Traffic and Public Safety Commission is amended to read as follows:
"SEE EXHIBIT B"
SECTION THREE
That Section 14.08.020 of Chapter 14.08 Traffic Administration is amended to read as follows:
The office of City Traffic Engineer is established. The Director of Public Works shall serve as
City Traffic Engineer addition to his other functions and shall exercise the powers and duties
with respect to traffic as provided in this chapter.
SECTION FOUR:
That Chapter 14.41 Permit Parking Zones is amended to read as follows:
"SEE EXHIBIT C"
SECTION FIVE:
That Chapter 15.04 Construction on Public Rights-of-Way is amended to read as follows:
"SEE EXHIBIT D"
SECTION SIX:
That Section 18.08.010 of Chapter 18.08 is amended to read as follows:
A. Applications. Applications for sever connections and/or sewer service shall be
submitted at the Public Works Department counter at the Civic Center on prescribed forms
provided by the City.
SECTION SEVEN:
That Section 23.24.090G Chapter 23.24 is amended to read as follows:
F. Excavations within public right-of-way covered by a public improvement or
construction permit issued by the Public Works Department.
SECTION EIGHT:
That Chapter 23.36 Right-of-Way Standards, Street Improvement Standards and Building Line
Requirements is amended to read as follows:
"SEE EXHIBIT E"
SECTION NINE:
That Chapter 23.40 Floodplain Management Regulations is amended to read as follows:
"SEE EXHIBIT F"
SECTION TEN:
That Chapter 30.16 Residential Zones is amended to read as follows:
"SEE EXHIBIT G"
SECTION ELEVEN:
That Chapter 30.46 Temporary Use Regulations is amended to read as follows:
"SEE EXHIBIT H"
SECTION TWELVE:
That Chapter 30.48 Accessory Use Regulations is amended to read as follows:
"SEE EXHIBIT P"
SECTION THIRTEEN:
This Ordinance shall take effect and be in force thirty (30) days after its passage and the
City Clerk of the Citv of Encinitas is hereby authorized to use summary publication procedures
pursuant to Government Code Section 36933 utilizing the Coast News, a newspaper of general
circulation published in the City of Encinitas.
This Ordinance was introduced November 19. 2014.
PASSED AND ADOPTED this 10`' day of December. 2014, by the following vote, to
wit:
AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
Kristin Ga M yor
City of Encinitas. California
ATTEST AND CERTIFICATE:
I certify that this is a true and correct copy of Ordinance No. 2014-12, which has been published
pursuant to law.
Kathy Hol ywoo , City Clerk
Exhibit "A" to Ordinance 2014-12
09-12 2.28.010
CHAPTER 2.28
CABINET TEAM POSITIONS AND OFFICERS
2.28.010 Cite Manaeer-Cabinet Team Positions. The followine Cabinet Team Positions
consisting of Heads of Departments and Department Managers in the City Manager's Department
are established: each of which shall have the duties, responsibilities and authority necessary for the
performance of the position, to include. without limitation, the authority to appoint and promote
and for cause remove or demote any employee who works for such Cabinet Team member: (Ord.
2012-10).
A. Deputy City Manager(Ord. 2010-18)
B. Director of Finance/City Treasurer
C. Director of Parks and Recreation
D. Director of Public Works (Ord. 2012-10)
E. Fire Chief
F. Director of Plannine and Buildine
G. City Clerk/Director of Legislative Services
H. Department Manager—Human Resources (Ord. 2012-10)
1. Department Manager— Information Technology(Ord. 2012-10)
J. Department Manager— Risk Management (Ord. 2012-10)
2.28.020 Appointment/Removal of Department Heads.
A. The City \-tanager is authorized to appoint, remove, promote and demote all Heads
of Department.
B. All Heads of Department serve at the pleasure of the City Manager.
2.28.030 Compensation of Department Heads. The salaries, compensation, and benefits of
Heads of Department shall be fixed and determined by resolution of the City Council.
09-12 2.28.040
2.28.040 Duty to Cooperate. It shall be the duty of all Heads of Department to cooperate
with and assist the City Manager in administering the affairs of the City in an efficient. economic,
and harmonious manner, so far as may be consistent with their duties as prescribed by law.
2.28.050 Director of Finance/City Treasurer. (Ord. 2003-04)
The Director of Finance/City Treasurer shall be appointed by the City Manager and serve under
general direction of the City Manager. In addition to other and further duties or functions as the
City Manager may from time to time prescribe, the duties, responsibilities, and authority of the
Director of Finance/City Treasurer shall be to:
A. Perform the functions specified in this Code.
B. Plan, organize, and direct, under general administrative direction, the programs and
personnel of the Finance Department.
C. Be responsible for the administration of contracts for services obtained from other
public agencies, private contractors, and consultants relating to the Finance Department.
D. Act as chief accounting officer for the City and assume the duties of City Treasurer.
The financial and accounting duties imposed upon the City Clerk by the Government Code are
hereby transferred to the Director of Finance.
E. Act as Director Finance/City Treasurer, Treasurer for the San Dieguito Water
District. Housing Authority of the City of Encinitas and Encinitas Public Financing Authority.
(Ord. 2010-18)
F. Furnish a corporate bond in the amount of$100,000 for the faithful performance of
the duties imposed on the Director of Finance. The premium of such bond shall be a proper charge
against the City.
G. Administer laws and ordinances pertaining to taxes, licenses, and permits as
directed.
H. Cause current accounts to be kept of all funds, revenues, receipts, expenditures, and
financial commitments of the City.
1. Maintain a system of budgetary accounting for the recording of actual and estimated
revenues and expenditures in such a manner as to show the financial position of
each fund and department of the City at all times.
09-12 2.28.050J
J. Collect. receive, and deposit all moneys of the City and keep proper records thereof.
K. Assist the City Manager in the preparation of the annual budget and certify to the
accuracy of anticipated revenues to meet the proposed budget.
L. Serve as the custodian of the City's permanent accounting records.
M. Render advice and consultation to the City Manager and City Council in assigned
program areas.
N. Perform work as required.
2.28.055 Deputy Citv NIanaeer (Ord. 2010-18)
The Deputy City Manager shall be appointed by the City Manager and serve under general direction
of the City Manager. In addition to other and further duties or functions as the City Manager may
from time to time prescribe, the duties, responsibilities, and authority of the Deputy City Manager
shall be to:
A. Perform those functions specified in this Code.
B. Assist the City Manager in the direction and coordination of varied administrative
matters.
C. Plan. organize, and direct under general administrative direction, the programs and
personnel of the City 1%4anager's Office.
D. Administer contract for services obtained from other public agencies and private
contractors and consultants.
E. Render advice and consultation to the City Manager and City Council in assigned
program areas.
F. Perform related work as required.
09-12 2.28.060
2.28.060 Director of Parks and Recreation. The Director of Parks and Recreation shall be
appointed by the City Manager and serve under general direction of the City Manager. In addition
to other and further duties or functions as the City Manager may from time to time prescribe, the
duties, responsibilities, and authority of the Director of Parks and Recreation shall be to: (Ord.
2003-04).
A. Perform those functions specified in this Code.
B. Plan, organize, and direct, under general administrative direction, the programs and
personnel of the Parks and Recreation Department.
C. Administer contracts for services obtained from other public agencies and private
contractors and consultants.
D. Render advice and consultation to the City Manager and City Council in assigned
program areas of recreational services, cable television, animal control, and park and beach
acquisition, development, and maintenance.
E. Perform related work as required.
2.28.070 Director of Public Works. The Director of Public Works shall be appointed by
the City Manager and serve under general direction of the City Manager. In addition to other and
further duties or functions as the City Manager may from time to time prescribe, the duties of the
Director of Public Works shall be to: (Ord. 2012-10).
A. Perform those functions specified in this Code and by State law. (Ord. 2012-10)
B. Plan, organize, and direct, under general administrative direction. the programs and
personnel of the Public Works Department. (Ord. 2012-10)
C. Serve as City Engineer, Supervises and provides oversight to the San Dieguito
Water District Engineer. (Ord. 2012-10
D. Administer contracts for services obtained from other public agencies, private
contractors and consultants.
E. Ensure the maintenance and repair of all streets, alleys. sidewalks, curbs, gutters,
storm drains, street lights, and traffic control devices owned by the City of Encinitas.
09-12 2.28.070F
F. Maintain contacts with professional organizations of Public Works Directors. (Ord.
2012-10)
G. Serve as General Manager for the San Dieguito Water District, or designate an
individual to serve in that capacity under the supervision and direction of the Director of Public
Works. (Ord. 2012-10)
H. Be a registered civil engineer as defined by the California Professional Engineers
Act. (Ord. 2012-10) V
1. Render advice and consultation to the City Manager and City Council in assigned
program areas.
J. Director of Public Works serves as Public Works Director or City Engineer and
reference in any City code or standards shall be the same. (Ord. 2012-10). Effective with the
adoption of Ordinance 2014-12, any reference to Director of Engineering shall mean Director of
Public Works.
K. Perform related work as required.
2.28.085 Fire Chief. The Fire Chief shall be appointed by the City Manager and serve
under the general direction of the City Manager. In addition to other and further duties or
functions as the City Manager may from time to time prescribe, the duties of the Fire Chief shall
be: (Ord. 2003-04).
A. Perform those functions specified in this Code.
B. Plan. organize, and direct. under general administrative direction. the programs of
the Fire Department including but not limited to Fire Prevention, Fire
Suppression. Investigation and Inspection. Emergency Medical Services, and
Public Education.
C. Administer contracts for services obtained from other public agencies, private
contractors. and consultants relating to the Fire Department.
D. Render advice and consultation to the City Manager and City Council in assigned
areas.
E. Maintain contacts with professional organizations of Fire Chiefs.
F. Perform related work as required.
09-12 2.28.090
2.28.090 Director of Planning and Buildine. The Director of Plannine and Building shall be
appointed by the City Manager and serve under general direction of the City Manager. In addition
to other and further duties or functions as the City, Manager may from time to time prescribe, the
duties of the Director of Planning and Building shall be to: (Ord. 2003-04)
A. Perform those functions specified by State law and this Code.
B. Plan, organize, and direct. under general administrative direction, the programs and
personnel of the Planning and Building Department, to include Advanced Planning, Current
Planning, Code Enforcement, and Building Permits and Inspections.
C. Administer contracts for services obtained from other public agencies and private
contractors and consultants.
D. Render advice and consultation to the City Manager and City Council in assigned
program areas.
E. Perform related work as required.
F. The Director or his designee shall make a final determination as authorized by the
Code for the following applications: (Ord. 94-06)
1. Coastal Development permits pursuant to Chapter 30.80 of this code.
2. Minor Use Permits
3. Minor Variances
4. Tentative Parcel maps
5. Waivers of Municipal Code Section 30.16.010 B-10
6. Administrative Design Review
7. Lot Line Adjustments
8. Certificates of Compliance
9. Extension requests
10. Other applications and duties as required by this Code.
G. Procedure. Public Notification shall be provided as specified for each application
type in Section 2.28.090F. For Coastal Development Permits, public notice procedures shall
conform to the requirements in Chapter 30.80, "Coastal Development Permit", in addition to the
requirements of this Section. Standard procedure shall consist of administrative review and written
determination. The Director may elect to conduct a Public Hearing in order to gather information
and/or resolve conflicts. Projects with significant issues or controversy shall be referred to the
Plannine Commission with a recommendation from the Director.
09-12 2.28.090H
H. *Appeal of Director Decision. All decisions of the Director shall be posted at City
hall and shall become final fifteen days thereafter unless a timely appeal is filed to the City Council
in accordance with provisions of this Code. (*See Chapter 1.12.010 through 1.12.060).
2.28.095 Citv Clerk/Director of Legislative Services. The Citv Clerk/Director of
Legislative Services shall be appointed by and serve under general direction of the City Manager.
In addition to other and further duties or functions as the City Manager may from time to time
prescribe, the duties, responsibilities and authority of the City Clerk/Director of Legislative Services
shall be: (Ord. 99-08)
A. Perform duties of the office as defined by California Statutes and the Municipal
Code, and undertake all responsibilities associated with this function. Remain abreast of legislation
which would affect City Clerk/Director of Legislative Services activities.
B. Direct, administer and coordinate the operation and activities of the City
Clerk/Director of Legislative Services Department. Establish policies, standards and procedures to
ensure the efficient administration of the department. Prepare an annual budget for the department.
C. Perform Council related coordination and Council clerical and secretarial support
services. Prepare official correspondence and reports. Prepare certain non-technical resolutions,
ordinances. proclamations and commendations. (Ord. 99-08).
D. Prepare Council agendas and packets. Attend all City Council meetings and keep
minutes record of the action, indexing the same. Upon request, advise City Council regarding
parliamentary procedures.
E. Act as City's Records Manager and administer the Records Management Program of
the City. Maintain public records and official files. Perform research through City records.
Respond to requests for production of records.
F. Serve as the City's Election Official and provide for the conduct of municipal
elections. Act as the filing officer for all Fair Political Practices Commission reports. Monitor the
City's Conflict of Interest Code and filings.
G. Act as keeper of the City Seal. Certify and attest to official documents. In
accordance with Government Code Section 40814, administer oaths.
H. Maintain the Municipal Code, and distribute revised pages. Publish/post legal and
official notices.
1. Respond to questions from the public by phone and in person.
09-12 2.28.095J
J. Accept service on behalf of the Cite.
K. Receive and open bids for various departments.
L. Maintain contacts with professional organizations of City Clerks.
M. Serve as Board Secretary for the Encinitas Public Finance Authority and the
Housing Authority of the City of Encinitas. and Board Clerk for the San Dieguito Rater District.
(Ord. 2010-18).
N. The City Clerk/Director of Legislative Services shall furnish a corporate surety bond
in the amount of$100,000 for the faithful performance of duties imposed. The premium for such
bond shall be a proper charge against the City.
2.28.097 Department Manager— Human Resources. The Department Manager of Human
Resources shall be appointed by and serve under general direction of the City Manager. In addition
to other and further duties or functions as the City Manager may from time to time prescribe, the
duties, responsibilities and authority of the Department Manager of Human Resources shall be:
(Ord. 2012-10)
A. Perform those functions specified in this code and by Federal and State Law.
B. Plan. organize, and direct, under general administrative direction, the programs and
personnel of the Human Resources functions.
C. Administer contracts for services obtained from other public agencies, private
contractors and consultants.
D. As delegated by the City Manager, exercise the Municipal Code Chapter 12
responsibilities and authorities of the Personnel Officer.
E. Serve as the Employee Relations Officer as defined by the Employer-Employee
Organizations Relations Resolution. Exercise Human Resources Director responsibilities and
authorities as defined by Memoranda of Understanding with represented employee bargaining units,
Administrative Manual policies, and personnel rules.
F. Render advice and consultation to the City Manager and City Council in assigned
program areas.
G. Perform related work as required.
09-12 2.28.098
2.28.098 Department Manager — Information Technology.. The Department Manager of
Information Technology shall be appointed by and serve under general direction of the City
Manager. In addition to other and further duties or functions as the City Manager may from time to
time prescribe, the duties, responsibilities and authority of the Department Manager of Information
Technology shall be: (Ord. 2012-10)
A. Perform those functions specified in this code and by Federal and State Law.
B. Plan. organize, and direct. under general administrative direction, the programs and
personnel of the Information Technology and Geographical Information Systems functions.
C. Administer contracts for services obtained from other public agencies, private
contractors and consultants.
D. Render advice and consultation to the City A9ana2er and Citv Council in assigned
program areas. v
E. Perform related work as required.
2 28.099 Department Manager - Risk Management. The Department Manager of Risk
Management shall be appointed by and serve under general direction of the City Manager. In
addition to other and further duties or functions as the City Manager may from time to time
prescribe, the duties, responsibilities and authority of the Department Manager of Risk
Management shall be: (Ord. 2012-10)
A. Perform those functions specified in this code and by Federal and State law.
B. Plan, organize, and direct, under general administrative direction, the programs and
personnel of Risk Management functions.
C. Administer contracts for services obtained from other public agencies, private
contractors and consultants.
D. Render advice and consultation to the City Manager, City Attorney and City Council
as assigned program areas.
E. Perform related work as required.
09-12 2.28.100
2.28.100 Officers. The following office is established which shall have the duties.
responsibilities and authority necessary for the performance of the position in accordance with the
Municipal Code and other applicable law: (Ord. 99-08).
City Attomey
2.28.110 Appointment/Removal of Officers.
A. The City Council is authorized to appoint, remove, promote and demote all Officers.
B. All Officers serve at the pleasure of the City Council.
2.28.120 Compensation of Officers. The salaries, compensation, and benefits of Officers
shall be fixed and determined by resolution of the City Council.
2.28.130 Duty to Cooperate. It shall be the duty of all Officers to cooperate with and assist
the City Manager in administering the affairs of the City in an efficient, economic, and harmonious
manner, so far as may be consistent with their duties as prescribed by law.
2.28.150 City Attorney.
A. The City Council shall appoint a City Attorney and may appoint an Assistant City
Attorney on such terms and conditions as the City Council deems appropriate.
B. The City Attomey and the Assistant City Attomey shall be members of the State Bar
of California.
C. The City Attorney and any appointed Assistant City Attomey shall perform those
duties directed by the City Council to include working with other attorneys designated as special
counsel for the City on particular matters.
Exhibit "B" to Ordinance 2014-12
12-13 2.40.010
CHAPTER 2.40
TRAFFIC AND PUBLIC SAFETY COMMISSION
2.40.010 Traffic and Public Safetv Commission Established. There is hereby established
the Traffic and Public Safety Commission of the City of Encinitas. (Ord. 2013-10)
2.40.020 Membershio.
A. The Traffic and Public Safety Commission shall consist of seven members, each
Commissioner shall be appointed to one of the following positions (Ord. 2013-10):
I. Cardiff-by-the-Sea Position.
2. Leucadia Position.
3. New Encinitas Position.
4. Old Encinitas Position.
5. Olivenhain Position.
6. At-large. (Ord. 2013-10)
7. At-large. (Ord. 2013-10)
8. Ex-Officio Members. The fire chief; the police chief or their designees (and
such representatives of the sheriffs department as are designated by the City Manager) and the City
Engineer shall be ex-officio members of the commission. Ex-officio members shall not be entitled
to a vote or to serve as an officer of the commission other than secretary and shall not be counted
for the purpose of establishing a quorum. (Ord. 2013-10)
B. For appointment to a specific geographic area. each Commissioner shall be a
registered voter of the City and shall be a resident of the geographic area designated for the position
to which the Commissioner is appointed. To be qualified for appointment, a person shall have
resided for a period of no less than six months prior to appointment in the geographic area
designated for the position for which appointment is sought. (Ord. 2013-10)
C. For at-large appointments. each commissioner shall be a registered voter of the City.
(Ord. 2013-10)
12-13 2.40.020D
D. Applicants for a vacant position on the Traffic and Public Safety Commission must
reside in the geographic area designated for the position for which appointment is sought or be a
registered voter of the City for an at-large position. (Ord. 2013-10)
E. The affirmative votes of three Council Members shall be required to appoint an
individual to the Traffic and Public Safety Commission. (Ord. 2013-10)
F. Traffic and Public Safety Commissioners shall serve staggered, three-year terms.
(Ord. 2013-10)
2.40.030 Meetines.
A. Four members of the Traffic and Public Safety Commission shall constitute a
quorum. (Ord. 2013-10)
B. The regular meeting of the Traffic and Public Safety Commission shall be one each
month. (Ord. 2013-10).
C. The Traffic and Public Safety Commission shall elect a Chairperson and Vice-
Chairperson from among its members for one-year terms. (Ord. 2013-10)
2 40.040 Duties of the Traffic and Public Safety Commission. The Traffic and Public
Safety Commission shall study and report to the City Council upon an), matter referred to it by the
City Council. The Traffic and Public Safety Commission shall have advisory responsibility in
regards to traffic issues and public safety. (Ord. 2013-10)
A. It is the duty of this Commission to serve as a liaison between the public and the
City Council, and to conduct analyses and provide recommendations to the Council on matters
related to the circulation of motorized vehicles, pedestrians, and bicycles, and on matters related to
public safety. The scope of the commission's role with respect to public safety includes but is not
limited to traffic safety, emergency response for fire, medical and other crises, as well as the City's
efforts to control and reduce criminal activities of all types. The commission may conduct
informational and educational meetings, prepare reports and analyses, and work with fire, marine
safety, ambulance, and sheriff personnel. (Ord. 2013-10)
B. If the recommendations of the Traffic and Public Safety Commission are to modify
existing traffic controls, devices, markings, or measures, or install new controls, devices, markings
or measures. then those recommendations shall be included with a report by the Director of Public
Works or his designee in an agenda item to the City Council. (Ord. 2013-10)
12-13 2.40.040C
C. If the recommendations of the Traffic and Public Safety Commission are to not
modify existing traffic controls, devices, markings, or measures nor to install new traffic controls,
devices, markings or measures, then these recommendations shall be included in a report by the
Director of Public Works or his designee to the Council for information only. The Commission
decision can be reviewed by Council if an *appeal is filed or by Council request. *(See Chapter
1.12.010 through 1.12.060). (Ord. 2013-10)
D. The City Council may refer to the Traffic and Public Safety Commission requests to
review and prepare recommendations on major roadway projects. (Ord. 2013-10)
E. Powers delegated to the Traffic and Public Safety Commission to be advisory.
Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the city
council. or as a delegation to the public safety commission of any of the authority or discretionary
powers vested and imposed by law in the city council. The city council declares that the public
interest, convenience and welfare require the appointment of a Traffic and Public Safety
Commission to act in a purely advisory capacity to the city council for the purpose enumerated.
Any power herein delegated to the commission to adopt rules and regulations shall not be construed
as a delegation of legislative authority but purely a delegation of administrative authority. (Ord.
2013-10)
Exhibit "C" to Ordinance 2014-12
04-99 14.41.010
CHAPTER 14.41
(Ordinance 98-22)
Permit Parking Zones
14.41.010 Purpose. It is the purpose of this Chapter to set forth procedures and
regulations for establishing permit parking zones to protect residential areas of the City.
14.41.020 Definitions.
A. "Residential parking" includes parking for:
1. Residents at their residence;
2. Guests of residents; and
3. Public and commercial services and deliveries being made to a
residence.
14.41.030 Designation of Zones.
A. By a resolution adopted following a noticed, public hearing, the City
Council may designate permit parking zones when the City Council finds facts that
support each of the following conclusions:
I. The proposed zone is designated for residential uses only;
2. The proposed zone is being used as an on-street parking site for
commercial, commuter or other non-residential parking purposes:
3. The non-residential parking within the proposed zone adversely
impacts the residential character and quality of life in the proposed zone.
B. The resolution shall designate the geographic boundaries of the zone.
C. The zone regulation shall be effective following the adoption of the
resolution, the placement of signs and 30-day period for persons to obtain permits.
14 41 040 Parking Regulation in Designated Zones. Within a designated permit
parking zone, it shall be unlawful for any person to park a vehicle on a public street, or
alley during the period of time designated, unless a valid parking permit is properly
displayed on such vehicle.
04-99 14.41.050
14.41.050 General Prohibitions.
A. It shall be unlawful for any permittee to loan, assign, sell or otherwise
transfer a permit for use by a vehicle whose parking is within the zone and is unrelated to
the permittee's residence.
B. It shall be unlawful for any person to make false representations in
obtaining a permit.
C. It shall be unlawful for any person to use a permit without the express
authority of the permittee.
D. It shall be unlawful for any person to counterfeit or otherwise alter any
permit.
14.41.060 Permit Issuance
A. The Public Works Department shall issue parking permits as follows:
1. Resident Permit. Formula for Maximum Allowance. The number
of vehicles customarily parked at the residence by persons who reside at
the residence in the zone. Each parking permit shall be valid indefinitely,
unless an expiration date is set by the City Council.
2. Visitor Permit. A maximum of three permits for each residence in
the zone for use only by public, commercial or private guests temporarily
at the residence. Each parking permit shall be valid indefinitely, unless an
expiration date is set by the City Council.
B. As a condition to the issuance of a permit, the Public Works Department
shall collect a fee from the permittee in an amount established by resolution.
14.41.070 Displavin¢ Permits.
A. A permit shall be issued in the form of a decal which shall be affixed to
the rear window of the registered vehicle. in the lower corner of the drivers side, clearly
visible from the outside.
B. A temporary permit shall be issued in the form of a card which shall be
placed on the dashboard of the authorized vehicle, on the driver's side, clearly visible
from the outside.
Exhibit "D" to Ordinance 2014-12
03-03 15.04.010
CHAPTER 15.04
CONSTRUCTION ON PUBLIC RIGHTS-OF-WAY
15.04.010 Purpose and Intent. It is the purpose of this Chapter to provide the orderly
administration of private contract work in the public right-of-way and to protect the public interest
and safery in the development of private property by: (Ord. 87-02, 88-08)
Regulating grading, private encroachments on public rights-of-way or public property, and
construction within the public right-of-way, establishing standards therefor.
15.04.020 General Requirements.
A. No person or entity shall do or cause to be done any work covered under this
Chapter without first having obtained a permit, City contract, or City franchise to do such work.
B. All work done under this Chapter shall be done in accordance with the approved
plans and the conditions of the required permits, City contract or City franchise. The work shall
conform to the standards of the City of Encinitas as set forth and contained in standard drawings.
specifications and general conditions, on file in the office of the City Clerk and available for public
distribution in the office of the City Engineer.
C. This Chapter shall not affect the requirements of any other section of the Code,
other permits, fees, charges or affect any provisions concerning the granting of franchises.
D. Any person or entity performing work covered by this Chapter shall provide the
required security to guarantee proper completion of the permitted work as described in this Chapter.
15.04.030 Administration.
A. The Director of Public Works shall enforce the provisions of this Chapter. He shall,
upon application by qualified persons, issue permits for the work under this Chapter when all
applicable prerequisite conditions established by this Chapter for such permits have been met.
(Ord. 2003-04).
B. The Director of Public Works shall determine the extent, type, and requirements of
the work to be done under this Chapter and the type of application and permit required. (Ord.
2003-04).
03-03 15.04.010
C. When the nature of the work requested is such that it is subject to other
requirements of this Code or Administrative Regulations issued pursuant thereto or affects the
operations of any other department of the City. the Director of Pubic Works shall adhere to the
other requirements and shall be guided by the recommendations of such departments in determining
the disposition of the application. Applications which are not in the interest of the public health,
safety, or general welfare or do not constitute a reasonable use of land as indicated by the existing
zoning or an approved land use plan, shall be denied. (Ord. 2003-04).
D. The Director of Public Works shall fix the time for completion of the work when a
permit is issued. The Director of Public Works may, upon request of the permittee, and for good
cause shown, extend the period of time for completion for a sufficient time which, in the option of
the City Engineer, will enable the permittee to complete the work. (Ord. 2003-04).
E. The Director of Public Works shall cause to be inspected all work done under this
Chapter to ensure compliance with the provisions of the permit and shall determine when such
work is properly completed. (Ord. 2003-04).
F. The Director of Public Works may cancel a permit or may require plans to be
amended when it is in the interest of public health, safety or general welfare to include, without
limitation, any of the following situations: (Ord. 2003-04).
1. Upon the request of the permittee.
2. When the facts are not presented accurately and/or correctly by the permittee
in application.
3. When work as constructed or as proposed to be constructed creates a hazard
to public health, safety, or general welfare.
G. Deputies. In accordance with prescribed procedures and with the approval of the
appointing authority, the Director of Public Works may appoint deputies, as shall be authorized
from time to time, to enforce the provisions of this Chapter. (Ord. 2003-04).
03-03 15.04.035
15.04.035 Work Undertaken Without a Permit.
A. Where work subject to the provisions of this Chapter is undertaken without a
permit. the City Engineer may:
I. Order the work to be stopped.
2. Report the violation to the Contractors' Licensing Board.
3. Impose a penalty of double the normal City processing and inspection fee for
obtaining the permit.
B. If a permit is not promptly obtained. the Director of Public Works may cause
building permits to be suspended or certificates of occupancy withheld, and shall cause to be
stopped all administrative action toward the processing of any project for which the issuance of a
permit pursuant to this Chapter is a prerequisite until the property is restored to its original
condition satisfactory to the Director of Public Works at the sole cost of the applicant, or until an
*appeal of such requirement is heard. The Director of Public Works' decision may be appealed to
the City Council. (*See Chapter 1.12.010 thru 1.12.060). (Ord. 2003-04).
C. Should restoration or such other resolution as determined by the Council not begin
by a time specified by the Director ofPublic Works, the City Manager may direct the City Attomey
to begin prosecution. (Ord. 2003-04).
15.04.040 Application for Permit.
A. An application for a permit authorizing work under this Chapter shall be made in
accordance with procedures established by the Director of Public Works. Each application shall be
accompanied by such detailed plans, specifications, schedules, and estimates as may be required by
the Director of Public Works in determining the nature and extent of the work and applicable fees.
(Ord. 2003-04).
B. Detailed plans shall be prepared on material and to the size and in the manner
designated by the Director of Public Works. (Ord. 2003-04).
C. When proposed work or inquiries concerning the public rights-of-way necessitates
investigation the Director of Public Works may require a special investigation application and fee.
Special investigation fees shall be in addition to other fees and are not refundable. (Ord. 2003-04).
03-03 15.04.040
D. The permittee shall notify all public utilities within the area of proposed work of
permittee's request to construct improvements or encroachments within the rights-of-way and shall
coordinate with the public utilities in order that any necessary relocations of existing facilities may
be done in an orderly fashion without interrupting the continuity of service or endangering life or
property.
15.04.050 Issuance of Permits. The Director of Public Works shall issue permits
authorizing work under this Chapter upon approval of the application and plans, receipt of the
prescribed fees, guarantee of public liability insurance, and posting of the required security. The
permits shall include, or refer to. the conditions, plans, and specifications which shall govern the
work authorized. (Ord. 2003-04).
15.04.060 Permits for Projects Within the Coastal Zone. No land development permit,
public improvement permit or encroachment permit will be issued by the City of Encinitas for
projects or developments within the California Coastal Zone as established by the California
Coastal Act of 1976 as amended until such time as a development permit or certificate of
exemption has been obtained from the California Coastal Commission or a court of competent
jurisdiction authorizing such development, except that public improvements or encroachments with
valuations of less than $7,500 considered as repairs or improvements to single-family dwellings
which are not located between the mean high-tide line as defined by the Coastal Commission and
the nearest improved public street will not be subject to this provision. Procedures to be followed
when application is submitted for a permit in the Coastal Zone are: The application, plans and
specifications filed by an applicant for a permit shall be reviewed by the Director of Public Works.
Such plans shall be reviewed by other City departments to ensure compliance with the laws and
ordinances under their jurisdiction. If the Director of Public Works is satisfied that the work
described in the application for a permit, and the plans and specifications filed therewith conform to
the requirements of this Code, and other pertinent laws and ordinances, he shall issue to the
applicant a letter stating that he is prepared to issue a permit, therefore to the applicant when the
appropriate fees have been paid and the applicant presents an approved permit or certificate of
exemption granted by the California Coastal Commission, or a court of competent jurisdiction
authorizing construction for which the application was filed: provided, however, that the
application, plans and specifications comply with all laws and ordinances in effect at the time of the
presentation of such permit or certificate of exemption and payment of the fee specified in Section
15.04.070 of this Code is made. (Ord. 2003-04).
03-03 15.04.070
15.04.070 Fees. Permit fees and deposits required by this Chapter shall be collected by the
Director of Public Works or other designated persons in accordance with procedures established by
the Director of Finance. A schedule of fees and deposits to cover the costs of processing the
various types of work referred to in this Chapter shall be established by the City Council and filed
in the office of the City Clerk. Fixed charges may be established to cover portions of the City costs.
Such fixed charges may include but are not limited to the cost for construction permits,
encroachment permits, inspection and update of City records. No permit shall be issued and no
work in the public rights-of-way or land development shall be permitted until the fees applicable
under this Chapter have been received by the Director of Public Works. (Ord. 2003-04).
Any portion of said deposit not used to cover the actual costs of the City in processing a
permit application will be refunded. but no funds will be released until all billings are in, and until
final acceptance of the work by the Director of Public Works. In determining the actual costs
incurred by the City in connection with the processing of final maps and improvement plans, the
costs as recorded by the Director of Finance shall be prima facie evidence of actual costs of services
performed by the City. (Ord. 2003-04).
The State of California. its political subdivisions or other governmental agencies shall file
applications for permits and shall be issued permits as required by this Article: provided, however,
that no fees shall be required for work to be performed directly by the State of California, its
political subdivisions or other governmental agencies. Contractors working for the State of
California, its political subdivisions. or other governmental agencies shall obtain a permit and shall
pay all applicable permit fees.
15.04.080 Refunds. In the event a permit fee refund is requested by the permittee and the
Director of Public Works has determined that it is in the public interest to allow the permittee to
abandon the work, the Director of Public Works shall cancel the permit and refund the refundable
portion of the fee. (Ord. 2003-04).
15.04.090 Securitv Required.
A. Persons performing work under a permit issued in accordance with this Chapter
shall furnish security, in the amount specified in this Chapter, guaranteeing proper completion of
the permitted works. The security shall be in the form of one or more of the following at the option
of the City Engineer for the full protection of the City:
1. A deposit, with the Director of Finance, of money or negotiable bonds of the
kind approved for securing deposits of public moneys. (Ord. 2003-04).
03-03 15.04.090
2. An instrument of credit from one or more financial institutions subject to
regulation by the state or federal government and pledging that the funds necessary
to cam out the permitted works are on deposit and guaranteed for payment, or a
letter of credit issued by such a financial institution.
3. A lien on the permittee's property.
4. Any form of security acceptable to the Director of Public Works and
specified by ordinance. (Ord. 2003-04).
B. The security shall be conditioned upon the payment to the City of any costs incurred
by the City in completing the required work or in employing a contractor to complete such work.
Whenever the Director of Public Works finds that a default has occurred in the performance of any
term or condition of work authorized by a permit, he shall give written notice of such default to the
permittee. Such notice shall state the work remaining to be done, the estimated cost of completion
and the time estimated by the Director of Public Works to be necessary for the completion of work.
After receipt of such notice the permittee must, within the time specified, satisfactorily complete
the permitted work. (Ord. 2003-04).
C. If the default is not corrected by the permittee within the time specified, the Director
of Public Works shall proceed without delay and without further notice of proceedings whatever to
use the security or any portion thereof to complete the required work. The balance, if any, of any
cash deposit shall, upon completion of the work, be returned to the depositor or to his successors or
assigns after deducting the cost of the work. (Ord. 2003-04).
15.04.100 Amount of Security Required. The security amount shall be based on an
estimate of the cost of work approved by the Director of Public Works in an amount of at least
150%of the approved estimate. (Ord. 2003-04).
15.04.1 10 Oualifications to do Work.
A. The permittee shall ensure all work under this Chapter is performed by a contractor
who is appropriately licensed by the State of California to do the work proposed under the permit.
The Director of Public Works will make the determination regarding the appropriate license. (Ord.
2003-04).
03-03 15.04.110
B. Plans for public improvement and major work involving encroachment or land
development authorized under this Chapter shall be prepared by a civil engineer registered by the
State of California. Where soils reports or soils investigations and/or geologic reports or geologic
investigations are required, the reports and investigations shall be prepared and conducted by a
California licensed soils engineer or engineering geologist.
15.04.120 Liabilitv Insurance. Prior to the issuance of any permit, the permit applicant
must provide a policy of liability insurance in an amount satisfactory to the Director of Public
Works in order to protect the City from any potential claims that may arise from the works covered
by the permit. The policy must remain in effect throughout the full term of the permit and provide
that the insurer shall give 30 days notice to the City before the policy is canceled or expires. (Ord.
2003-04).
15.04.130 Traffic Control Around Work Sites.
A. A permittee authorized to commence construction within a public right-of-way shall
place and maintain sufficient traffic control measures around the work site to protect the public
safety by controlling vehicular and pedestrian traffic and advising the public of detours and
construction hazards.
B. Traffic control measures include, without limitation, barriers, guards, lights, signs,
flagmen and watchmen.
C. Control devices shall be installed to the satisfaction of the Director of Public Works.
All permits shall be subject to the requirement for a traffic control plan, reviewed and approved by
the Director of Public Works. All traffic control devices and activities shall conform to the latest
edition of the "Work Area Traffic Control Handbook" published by Building News, Inc. All permit
sites requiring traffic control shall have at least one copy of the above handbook at the site during
working hours. (Ord. 2003-04).
D. If a construction permittee fails to comply satisfactorily with the provisions of this
section, the Director of Public Works may cause additional control devices to be erected for which
the permittee shall reimburse the City. (Ord. 2003-04).
15.04.140 Private Driveways.
A. Driveways serving private property shall require a permit for construction,
reconstruction, removal or repair, except for minor maintenance. An encroachment permit shall
also be required for their placement on a City street.
03-03 15.04.140
B. The dimensions and location of any driveway serving private property shall be as
specified in the appropriate City Standards. All proposed variances to the standards shall be
reviewed by the Director of Public Works. (Ord. 2003-04).
C. Driveways serving private property shall not be located or constructed in a manner
that endangers public safety or causes undue inconvenience to the public.
D. When a driveway serving private property is abandoned or is no longer suited for
vehicular use, the property owner shall remove the depressed curb section and apron and restore the
right-of-way to the standards normally required for an improved street.
Exhibit "E" to Ordinance 2014-12
06-09 23.36.010
CHAPTER 23.36
RIGHT-OF-WAY STANDARDS, STREET IMPROVEMENT
STANDARDS AND BUILDING LINE REQUIREMENTS
23.36.010 Intent. (Ord. 87-47)
A. In all zones, it is the intent of this Chapter that the standard of adequacy for the
right-of-way and grading of all streets be complied with by all projects and that building line
requirements as set forth herein shall be complied with by all projects on parcels of land which
adjoin general plan highways. All projects shall provide right-of-way dedication, street
improvements, and undergrounding of overhead utilities unless they are otherwise exempt as per
Section 23.36.050 and Section 23.36.121 of this chapter. (Ord. 2009-08)
B. Further, on parcels of land in all zones, it is the intent of this Chapter that no
building permit be issued for the construction or alteration of buildings unless the persons securing
such permit are required to assure compliance with the standard of adequacy for the right-of-way of
streets abutting such parcels and the standard of adequacy for the improvement of such streets.
(Ord. 2007-04)
23.36.020 Definitions. (Ord. 95-12)
A. "Centerline of Street". The center line of a street shall be as shown on a final
subdivision map filed in accordance with the Subdivision Map Act or pursuant to any of the earlier
or following versions of the Subdivision Map Act, a record of survey filed pursuant to Chapter 15
of the Business and Professions Code. a subdivision or parcel map filed pursuant to Division 2 of
the Government Code, an official map filed pursuant to Division 3 of the Government Code, an
"AS BUILT" PRecord Drawings" Road Survey plan prepared by and on file in the Office of the
Director, an "AS BUILT' P'Record Drawings" state highway plan prepared by and on file in the
office of the District Director of the California State Department of Transportation, or in the event
that no such map is filed, or in the event that the centerline shown on such map or maps does not
meet with the approval of the Director, the centerline of a street as shown on an alignment study
which has been adopted by City Council Resolution following a public hearing. (Ord. 2007-04)
If a centerline appears on more than one qualiAling map or plan, the centerline shown on the most
recent document will be taken as the centerline for purposes of this chapter if the Director
determines that the most recent document accurately depicts the correct centerline.
06-09 2336.020
If the Director finds that the centerline established pursuant to the Code is not a practical or
reasonable centerline or is otherwise unacceptable, the Director will prepare and process an
Alignment Study, or direct that the applicant is to prepare and process an Alignment Study pursuant
to this chapter. In that event, the applicant shall grant right-of-way along the proposed alignment,
and the Director shall accept the right-of-way subject to its being improved to standards specified in
this chapter. A secured agreement pursuant to the provisions of this chapter may be accepted in lieu
of construction of the required improvements prior to the issuance of a building permit. (Ord.
2007-04)
B. "General Plan Highwav' is anv street identified on the Circulation Element of the
General Plan as amended or hereafter amended and the centerline of which is established as
provided in this chapter.
C. "Agricultural Building" is a building located on agricultural property and used to
shelter farm implements, hay, grain, poultry, livestock or other farm produce, in which there is no
human habitation, and which is not used by the public.
D. "Director" is the Director ofPublic Works. (Ord. 92-12)
E. "New Floor Area" is Floor Area as defined in Municipal Code Chapter 30.04 that is
created by a new building or building addition. (Ord. 2009-08)
23.36.030 Requirement.
A. Unless the owner complies with the provisions of this chapter, no building permit
shall be issued for any building or structure to be located on a parcel of land.
B. Without exception, no development shall violate the set-back requirements
established by this chapter.
C. The Director, utilizing standard engineering practices, may, in instances where
construction of public improvements is determined to be infeasible, consider whether to authorize
the payment of in-lieu fee for the future construction of the required public improvements. The in-
lieu fee shall be equivalent to that fee established by the City Council of the City of Encinitas in
effect at the time of the city review of permits for the development of the property.
06-07 23.36.050
23.36.050 Exceptions.
When in compliance with all other City Ordinances and regulations, the following projects are
exempted from the other provisions of this Chapter: (Ord. 2007-04)
A. Commercial Projects. Right-of-way dedication and public improvements shall not
be required for building permits for commercial projects when the total new square footage of the
commercial structure does not exceed 500 square feet unless it is shown upon review of a traffic
study that the traffic impact of the commercial development is for a use that would generate traffic
in excess of a general commercial/retail structure of 500 square feet.
Right-of-way dedication and public improvements in compliance with this Chapter shall be
required for building permits for commercial development when the total square footage of the
commercial structure is 500 square feet or greater, or when review of a traffic study shows that the
traffic impact of the commercial development is for a use that would generate traffic in excess of a
general commercial/retail structure of 500 square feet.
When a property is developed on an incremental basis, the cumulative development over a period
of five years following the approval of the first building permit for the property shall be considered
in total and the exceptions in this section shall not apply when the total new square footage of the
commercial structure over the five year period is 500 square feet or greater, or when review of a
traffic study shows that the traffic impact of the commercial development is for a use that would
generate traffic in excess of general commercial/retail structure of 500 square fee.
B. Residential Projects.
RESIDENTIAL SINGLE FAMILY ADDITIONS:
Building permits for additions to an existing residential single family dwelling when the total
habitable square footage of the residential structure addition does not exceed 500 square feet, and
the total square footage of habitable and non-habitable residential structure additions do not exceed
750 square fee will not be required to comply with the rights-of-way dedication or public
improvement requirements of this Chapter. (Ord. 2007-04)
Building pen-nits for residential single family dwelling additions when the total habitable square
footage of the addition to a residential structure does not exceed 2000 square feet, and the total
square footage of habitable and non-habitable residential structures, including any additions, does
not exceed 2500 square feet will be required to comply with the rights-of-way dedication
requirements, but will not be required to comply with the public improvement requirements of this
Chapter.
A�
06-07 23.36.050
Building permits for residential single family dwelling additions when the total habitable square
footage of the addition to a residential structure is greater than 2000 square feet, or the total square
footage of habitable and non-habitable residential structures, including any additions, is greater than
2500 square feet will be required to comply with the rights-of-way dedication requirements and
public improvement requirements, other than the requirements contained in Section 23.36.120, of
this Chapter.
When a property is developed on an incremental basis, the cumulative development over a period
of five years following the approval of the first building permit for the property shall be considered
for the 500 square foot threshold for rights-of-way dedication and 2000 or 2500 square foot
thresholds for public improvements.
RESIDENTIAL NEW CONSTRUCTION
Rights-of-way dedication and public improvements in compliance with this Chapter shall be
required for building permits for a new residential structure, except that the requirements contained
in Section 23.36.120 to place underground the existing overhead public utilities shall not apply to a
single family home unless the single family home is part of another application creating more than
one single family home. A new residential structure that is part of another application creating
more than one single family home may be required to comply with the requirement to place
underground the existing overhead public utilities contained in Section 23.36.120.
C. Agricultural buildings. The exceptions in this section shall not apply to building
line requirements.
06-07 23.36.060
23.36.060 Building Line Requirement. A building line is hereby established on each side
of and parallel to the centerline of every street which is either a general plan highway or adjoins or
provides direct access to property in a commercial, industrial or residential zone. The distance in
feet from the centerline of the following classes of highways to the building line in the following
zones shall be as follows
A. R-R, with a
lot size designator
of I acre or more Commercial Indust Other
Residential Collector St. 60 36 36 36
Light Collector 60 36 36 50
Indust/Commercial
Cul-de-sac 66 36 36 56
Indust/Commercial St 66 36 36 56
Collector H%vy. 72 42 42 62
Indust/Commercial
Collector St. 74 44 44 64
Recreational Pk%vy. 80 50 50 70
Major Highway 81 51 51 71
Prime Arterial HNvy. 93 63 63 83
B. Add 5 feet to the setback requirements of these classifications if additional
dedication is required for bicycle facilities.
C. No building or structure may be constructed, altered, or changed in use on any lot
abutting a public street or any zone if any portion of such building or structure protrudes into the
area between the building line and the centerline of the street.
D. When the class of zone is such that the Zoning Ordinance requires a greater front
yard setback than the building line requirement in this section, then the front yard setback in the
Zoning Ordinance shall supersede the building line requirement in this section. If the building line
requirement in this section is greater than the front yard setback established in the Zoning
Ordinance, then the building line requirement shall apply.
06-07 23.36.070
23.36.070 Comer Cut-Offs. No building or structure shall be constructed or altered and no
change may be made in the use or occupancy of a building located adjacent to a circulation element
road/street when a portion of the building is constructed within the following described triangular
comer cut-off area. The triangular corner cut-off area is determined by extending the ultimate curb
lines, or, if no curbs are constructed. the ultimate edges of the paved travel lanes or the tangents to
the ultimate curb returns, to their point of intersection: then connecting two points measured back
forty feet along said lines from their point of intersection.
23.36.080 Standards of Adequacy in All Zones.
A. No building or structure may be constructed on a lot in any zone, and no building or
structure shall be altered on a lot in any zone if such alteration results in a change of occupancy as
defined in the California Building Code, unless the streets or highways which abut that lot are
adequate with respect to right-of-way and improvements and connect to a dedicated and improved
street. The standard of adequacy for the right-of-way is that set forth in this chapter. The standard
of adequacy for improvements is that set forth in this chapter.
B. The owner of real property, being developed within the City of Encinitas upon one
existing legal lot when the legal lot is not connected with a subdivision approved by the City of
Encinitas in accordance with Encinitas Municipal Code Title 24 may, when authorized by the
Director of Public Works, voluntarily elect to pay an established in-lieu fee instead of providing for
the construction of public improvements along the frontage of the property being developed. The
in-lieu fee shall be equivalent to that fee established by the City Council of the City of Encinitas in
effect at the time of the issuance of the building permit for the construction of the structure.
23.36.090 Standard for Rieht-of-Way.
A. The portion of a street abutting a lot or parcel of land shall be considered to have
adequate right-of-way if the portion of the roadway which has been dedicated to the public for
highway purposes or which is subject to an irrevocable offer to so dedicate measures no less than
40 feet in width and measures not less than the following between the centerline of said street and
the boundary line of said lot or parcel of land:
* 1. Residential or Light Collector 30 feet
2. Industrial or Commercial Cul-de-Sac Street 36 feet
3. Industrial Street 36 feet
06-07 23.36.090
4. Collector Hiehwav 42 feet
5. Industrial or Commercial Collector Street 44 feet
6. Recreational Parkway or Rural Mountain Road 50 feet
7. Major Highway 51 feet
8. Prime Arterial Highway 63 feet
' Except in Commercial or Manufacturing/Industrial Zones the width shall be 36 feet.
B. If the road is on the Bikeway Master Plan, consistent with the Circulation Element
of the General Plan. an additional 5 feet shall be dedicated for the construction of a bicycle lane.
C. Where the volume of traffic anticipated is determined by the Director to warrant
separate turn lanes and associated transition improvements, additional dedication will be required in
those classifications listed in A.I through A.8 above.
D. If right-of-way dedication is required, the owner shall furnish a title report less than
three (3) months old which shows all deeds of trust and easements, and a copy of the grant deed for
the property being developed, together with all deposits or fees pursuant to this chapter, a legal
description and plat prepared by a licensed land surveyor and a signed and notarized right-of-way
deed to the Director for execution and recordation. If the owner is a corporation, a corporate
certificate shall be submitted indicating those corporation officers authorized to sign for the
corporation. If the owner is a partnership, a partnership agreement shall be submitted indicating
who is authorized to sign for the partnership.
23.36.100 Standards for Improvements. A street shall be considered to meet the standard
of adequacy for improvements if it conforms to the then current City Standards. All required
improvements shall be completed prior to the issuance of any building permit; provided, however,
that the Building Official may, when a grading permit requires construction of building foundations
and walls as part of the grading permit, authorize a building permit for construction of a building or
buildings or other work concurrently with the installation of the improvements required by this
chapter. When such a building permit is issued in conjunction with a grading permit, the building
construction can not proceed beyond the foundation stage until the acceptance of the rough grading
by the Director of Public Works. A note indicating the requirements of this section shall appear on
all issued plans and permits for the subject property when this condition exists.
06-09 23.36.110
23.36.110 Street Lights Required.
A. The owner shall install a street lighting system that provides the level of
illumination specified in the current City Standards. Installation shall be in accordance with plans
and specifications that meet the approval of the Director.
B. Unless the property is in an existing lighting and landscaping district, the territory
under development shall be annexed. in accordance with rules and procedures in effect at the time,
to an existing lighting district or lighting maintenance district. The owner shall deposit with the
City through the Director fees sufficient to:
1. Pay the State Board of Equalization processing fee for annexation to the district.
2. Operate and maintain the street lights until tax revenue resulting from the
annexation begins to accrue.
3. Augment the Reserve Fund of the existing district by an amount equal to the
anticipated cost of operating and maintaining the street lights for three months.
4. Any other fees pertaining to street lights that may be required by the City
Council.
23.36.120 Undererounding of Existing Utility Facilities. (Ord. 2009-08)
A. The owner unless otherwise exempt from this requirement in accordance with
23.36.121 below, shall underground all existing utility distribution facilities, including cable
television lines, along the frontage of the owner's property. The owner shall make the necessary
arrangements with each of the serving utilities, including licensed cable television operators for the
installation of such facilities.
B. All new development within the City of Encinitas shall, to the satisfaction of the
City Engineer, place underground all new utilities, whether public or private.
C. For the purposes of this section, the term "frontage" shall mean the length of
overhead utilities anywhere within the rights-of-way or an easement contiguous to or through the
property. If utility lines are adjacent to an access easement that is not within or contiguous to the
property, but benefit the property, then that portion of utility line is considered to be frontage.
When Municipal Code Section 24.16.010(G) refers to "any half-street abutting a new subdivision",
the Director may require overhead utilities anywhere within the rights-of-way to be placed
underground in accordance with this Chapter.
Projects not exempted from undergrounding requirements may, in order to provide for a net
elimination of utility poles, be required to underground utilities that extend beyond the frontage of
the developed property.
06-09 23.36.121
23.36121 Undergrounding Exceptions (Ord. 2009-08)
The exceptions to undergrounding requirements contained within 23.36.120A. above are listed in
items 1 through 7 below:
1. Electric transmission lines in excess of 34.500 volts, exempt from undergrounding
electrical only.
2. Residential development for a Single Family Residence, a Twin Home, a Duplex, a
Triplex or a Fourplex when not part of an application yielding five or more residential units.
3. Commercial or industrial projects proposing less than 20,000 square feet of new
floor area.
4. Subdivisions comprising four or fewer parcels, provided that a covenant is recorded
against any resulting parcels and any remainder parcel prohibiting further subdivision.
5. Condominium conversion if proposed new floor area is less than 20.000 square feet.
6. Mixed use projects with or without a condominium map if the total commercial plus
residential new floor area is less than 20,000 SF.
7. A residential project that is constructed and occupied as a 100% affordable housing
development and is occupied by lower income households as defined periodically by the City based
on the United States Department of Housing and Urban Development (HUD), adjusted for
household size.
Projects not exempted from undergrounding requirements may, in order to provide for a net
elimination of utility poles, be required to underground utilities that extend beyond the frontage of
the developed property.
23.36.122 Underuounding In Lieu Fee (Ord. 2009-08)
Alternatively, if undergrounding is required pursuant to this Chapter, an In Lieu Fee
payment in an amount established by City Council Resolution may be accepted by the City instead
of physical undergrounding. The In Lieu Fee shall be at the option of the owner with the City
Engineer's approval. If the owner chooses to pay the In Lieu Fee, the owner must acknowledge and
agree that it may be used for a citywide under-rounding fund for authorized undergrounding
projects or as approved by City Council.
06-09 23.36.125
23.36.125 Requirement For Service Connections
All utilities (electric, telephone, cable, and similar utilities that transmit service via wire, fiber
optics, or other materials) shall be installed underground from the utility distribution facility to the
service connection at structures on the property. This criteria shall be applicable to all new
construction when more than 500 square feet of habitable area is created and in those instances
when a utility panel is upgraded to 200 AMP service or greater due to additional construction or use
of the property. (Ord. 2007-04)
23.36.130 Requirement For Construction Permit.
If street improvements are required, the Director shall accept any right-of-way dedication required
subject to the dedicated right of way being improved to standards specified in this chapter, and the
owner shall obtain a construction permit from the Director to construct the necessary
improvements. The owner shall furnish the following to the Director, prior to applying for such
permit. (Ord. 2007-04)
A. A street improvement plan prepared in ink on linen or polyester base standard size
city improvement plan sheet by a civil engineer registered in the State of California.
B. Deposits or fees required by this chapter.
C. A petition to annex the lot which is the subject of the building permit application to
a lighting maintenance district or a lighting district if the Director finds that the street lights are
required pursuant to this chapter.
D. The applicant shall provide security guaranteeing proper completion of the work
described and delineated on the permit and approved plans in an amount of 100% of the approved
cost estimate. The security shall be in the form of one or more of the following at the option of the
City Engineer.
1. A deposit of money or negotiable securities of the kind approved for securing
deposits of public monies.
2. An instrument of credit from one or more financial institutions subject to
regulation by the State or Federal government and pledging that the funds necessary
to carry out the permitted works are on deposit and guaranteed for payment or a
letter of credit issued by such a financial institution.
3. A performance bond from an approved bonding company. Bonding may be for
up to a maximum of 80% of the total security required by the permit. The
remaining 20% of required security shall be in the form of cash or a certificate of
deposit drawn for the benefit of the City of Encinitas.
06-09 23.36.140
23.36.140 Costs of Processing Improvement Plans. Documents. Inspection and Laboratory
Testing.
The owner shall pay the actual costs incurred by the City in reviewing the site in the field, preparing
and processing documents, checking improvement plans, determining street light requirements, and
performing inspection and laboratory testing.
The actual cost for site inspections, preparing and processing documents, checking improvement
plans, determining street light requirements, and performing inspection and laboratory testing shall
be equal to the fees established by the City Council and that are in effect at the time the application
is submitted, or, if the Director determines that the work involved is anticipated to cost more than
the fee, the Director may require a deposit of funds sufficient to cover the anticipated work. If the
actual cost is less than the amount deposited, the Director will refund to the owner any remaining
funds in said deposit. If any deposit is insufficient to pay the actual costs incurred by the City, the
owner shall, upon demand of the Director pay an amount equal to the deficiency or equal to the
amount estimated to be needed to complete the document preparation, plan checking, testing,
and/or inspection. The final inspection prior to the issuance of a certificate of occupancy shall not
be performed until all such deficiencies have been paid.
23.36.1 50 Secured Agreement Authorized. If the Director finds that the requirement to
construct the road improvements prior to the issuance of a building permit would cause undue
hardship on the owner, the Director may, with the concurrence of the Director of Planning and
Building, require the owner to enter into a secured agreement to construct the required
improvements prior to the occupancy of the building or within 24 months, whichever is earlier, in
lieu of completing the improvements prior to issuance of the building permit; and, the Director of
Planning and Building may, upon receipt of notification of acceptance of the required
improvements, consider the requirements of this Chapter satisfied. (Ord. 2007-04).
23.36.160 Grading. Requirement and Deferral.
A. If the construction of right-of-way improvements is deferred, the Director may still
require the owner to grade the right-of-way in accordance with the requirements of this chapter.
B. Grading may be deferred if the Director concludes that the proposed project will be
located so as not to interfere with or be potentially incompatible with the proposed right-of-way
improvements and grading.
C. By encroachment permit, the Director may allow the property owner to utilized the
right-of-way area until such time as the right-of-way area is developed.
06-09 23.36.170
23.36.170 Connection to a Dedicated and Improved Street. The right-of-way and
improvement of any street or general plan highway required by this chapter shall not be considered
adequate unless said right-of-way and improvement connects to a street in the City Maintained
Road System or an improved and dedicated State highway or an improved and dedicated City street
or dedicated right-of-way (off-site) with a minimum width of 40 feet. A.C. pavement with a
minimum width of 28 feet on approved base, and A.C. dikes. Such off site connection which is
necessary to provide access to such street or general plan highway, shall be acquired and the
required improvements shall be constructed by the owner.
Exhibit T" to Ordinance 2014-12
04-12 23.40.010
CHAPTER 23.40
(Ordinance 2012-03)
FLOODPLAIN MANAGEMENT REGULATIONS
SECTION 23.40.01
STATUTORY AUTHORIZATION,
FINDINGS OF FACT,
PURPOSE AND METHODS
23.40.011 STATUTORY AUTHORIZATION.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and
65800 conferred upon local governments the authority to adopt regulations designed to promote the
public health, safety, and general welfare of its citizenry. Therefore. the Encinitas City Council does
hereby adopt the following floodplain management regulations.
23.40.012 FINDINGS OF FACT
A. The flood hazard areas of the City of Encinitas are subject to periodic inundation which
results in loss of life and property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief. and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or
protected from flood damage. The cumulative effect of obstructions in areas of special flood
hazards which increase flood heights and velocities also contributes to flood losses.
23.40.013 STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas by legally enforceable
regulations applied uniformly throughout the community to all publicly and privately owned land
within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are
designed to:
A. Protect human life and health:
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public:
04-12 23.40.013D
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard:
and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
23.40.014 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or
erosion hazards, or which result in damaging increases in erosion or flood heights or
velocities:
B. Require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
C. Control the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
D. Control filling, grading, dredging, and other development which may increase flood damage;
E. Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas; and
04-12 23.40.020
23.40.020 Definitions Unless specifically defined below, words or phrases used in this ordinance shall
be interpreted so as to give them the meaning they have in common usage and to give this ordinance its
most reasonable application.
"A zone" - see "Special flood hazard area".
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than 2 cars; or
2. A small, low cost shed for limited storage, less than 150 square feet and S 1.500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of
land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of
boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood
flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity
flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apes" means a point on an alluvial fan or similar landform below which the flow path of the major
stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision
of this ordinance.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map
(FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the
path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is
characterized by ponding or sheet flow.
"Area of special flood hazard" - See "Special flood hazard area."
"Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given
year(also called the "100-year flood"). Base flood is the term used throughout this ordinance.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones
AE. AH. Al-30, VE and V 1-V30 that indicates the water surface elevation resulting from a flood that
has a 1-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all
sides.
04-12 23.40.020
"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic or any other suitable building material which is not part of the structural
support of the building and which is designed to break away under abnormally high tides or wave action
without causing any damage to the structural integrity of the building on which they are used or any
buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design
loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway
walls must be certified by a registered engineer or architect and shall meet the following conditions:
1. Breakaway wall collapse shall result from a water load less than that which would occur during
the base flood: and
2. The elevated portion of the building shall not incur any structural damage due to the effects of
wind and water loads actine simultaneously in the event of the base flood.
"Building" - see "Structure".
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. It is an area subject to high velocity waters, including
coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM)
as Zone VI N30, VE. or V.
"Development" means any man-made change to improved or unimproved real estate, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings,
permanent structures or development into a floodplain which may impede or alter the flow capacity of a
floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed before July 15, 1988.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas
from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of
surface waters from any source; and/or mudslides (i.e., mudflows); and
04-12 23.40.020
2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the areas of
special flood hazards and the floodway.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of special flood
hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration
that includes flood profiles. the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and
the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from
any source - see "Flooding."
"Floodplain Administrator" is the community official designated by title to administer and enforce the
floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible, natural resources in
the floodplain, including but not limited to emergency preparedness plans, flood control works,
floodplain management regulations, and open space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion
control) and other application of police power which control development in flood-prone areas. This
term describes federal, state or local regulations in any combination thereof which provide standards for
preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet
floodproofing, see FEMA Technical Bulletins TB 1-93. TB 3-93, and TB 7-93.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation
more than one foot. Also referred to as "Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where
encroachment may be permitted.
04-12 23.40.020
"Fraud and victimization" as related to Section 23.40.06 of this ordinance, means that the variance
granted must not cause fraud on or victimization of the public. In examining this requirement, the City
Council will consider the fact that every newly constructed building adds to government responsibilities
and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be
constructed below the base flood elevation are subject during all those years to increased risk of damage
from floods, while future owners of the property and the community as a whole are subject to all the
costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future
owners may purchase the property, unaware that it is subject to potential flood damage, and can be
insured only at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality, that is empowered to adopt
and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to 23.40.06 of this ordinance means the exceptional hardship that would result
from a failure to grant the requested variance. The City Council requires that the variance be
exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone
is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or
the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of
these problems can be resolved through other means without granting a variance, even if the alternative
is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use
than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to
construction nest to the proposed walls of a structure.
"Historic structure" means any structure that is:
I. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district:
3. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
04-12 23.40.020(4)
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either by an approved state program as determined
by the Secretary of the Interior or directly by the Secretary of the Interior in states without
approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in
accordance with sound engineering practices to contain, control or divert the flow of water so as to
provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee. or levees, and associated
structures, such as closure and drainage devices, which are constructed and operated in accord with
sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see
"Basement" definition).
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking
of vehicles, building access or storage in an area other than a basement area, is not considered a
building's lowest floor provided it conforms to applicable non-elevation design requirements,
including, but not limited to:
a. The flood openings standard in Section 23.40.05I.C.3;
b. The anchoring standards in Section 23.40.051.A;
c. The construction materials and methods standards in Section 23.40.051.B; and
d. The standards for utilities in Section 23.40.052
2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be
basements (see "Basement" definition). This prohibition includes below-grade garages and
storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term "manufactured home" does not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
"Market value" is defined in the City of Encinitas substantial damage/improvement procedures. See
Section 23.40.042.6.1.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic
Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to
which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
04-12 23.40.020
"New construction", for floodplain management purposes, means structures for which the "start of
construction" commenced on or after September 16. 1987, and includes any subsequent improvements to
such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after September 16, 1987.
"Obstruction" includes, but is not limited to, any dam. wall, wharf, embankment. levee, dike, pile,
abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock.
gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any
watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water,
or due to its location, its propensity to snare or collect debris carried by the flow of water, or its
likelihood of being carried downstream.
"One-hundred-year flood" or "100-year flood" - see 'Base flood."
"Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with
relatively steep seaward and landward slopes immediately landward and adjacent to the beach and
subject to erosion and overtopping from high tides and waves during major coastal storms. The inland
limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively
mild slope.
"Program deficiency" means a defect in a community's floodplain management regulations or
administrative procedures that impairs effective implementation of those floodplain management
regulations.
"Public safety and nuisance" as related to Section 23.40.06 of this ordinance, means that the granting
of a variance must not result in anything which is injurious to safety or health of an entire community or
neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use. in
the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis:
2. 400 square feet or less when measured at the largest horizontal projection:
3. Designed to be self-propelled or permanently towable by a light-duty truck: and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
04-12 23.40.020
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
'Remedy a violation' means to bring the structure or other development into compliance with State or
local floodplain management regulations, or if this is not possible. to reduce the impacts of its
noncompliance. Ways that impacts may be reduced include protecting the structure or other affected
development from flood damages, implementing the enforcement provisions of the ordinance or
otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard
to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
"Sheet flow area" - see "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a 1 percent or greater
chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al-A30, AE,
A99. AH, V 1-V30. VE or V.
"Start of construction" includes substantial improvement and other proposed new development and
means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the
date of the permit. The actual start means either the first placement of permanent construction of a
structure on a site. such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading, and
filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for
a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or
liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
04-12 23.40.020
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of
a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the
"start of construction" of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed. The term does not. however,
include either:
I. Any project for improvement of a structure to correct existing violations or state or local health,
sanitary, or safety code specifications which have been identified by the local code enforcement
official and which are the minimum necessary to assure safe living conditions: or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
"V zone" - see "Coastal high hazard area."
"Variance" means a grant of relief from the requirements of this ordinance which permits construction
in a manner that would otherwise be prohibited by this ordinance.
"Violation" means the failure of a structure or other development to be fully compliant with this
ordinance. A structure or other development without the elevation certificate, other certifications, or
other evidence of compliance required in this ordinance is presumed to be in violation until such time as
that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, North American Vertical Datum (NAVD)of 1988, or other datum, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on
or over which waters flow at least periodically. Watercourse includes specifically designated areas in
which substantial flood damage may occur.
04-12 23.40.030
SECTION 23.40.03
GENERAL PROVISIONS
23.40.031 LANDS TO WHICH THIS ORDINANCE APPLIES This ordinance shall apply to all
areas of special flood hazards within the jurisdiction of the City of Encinitas.
23.40.032 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The
areas of special flood hazard identified by the Federal Emergency Management Agency(FEMA) in the
"Flood Insurance Study(FIS) for the City of Encinitas dated May 16, 2012, with accompanying Flood
Insurance Rate Maps (FIRM'S) and Flood Boundary and Floodway Maps (FBFM's), dated May 16,
2012, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to
be a part of this ordinance. This FIS and attendant mapping is the minimum area of applicability of this
ordinance and may be supplemented by studies for other areas which allow implementation of this
ordinance and which are recommended to the City Council by the Floodplain Administrator. The study,
FIRM's and FBFM's are on file at the Public Works Department, 505 S. Vulcan Avenue, Encinitas
California.
23.40.033 COMPLIANCE No structure or land shall hereafter be constructed, located,extended,
converted,or altered without full compliance with the terms of this ordinance and other applicable regulations.
Violation of the requirements(including violations of conditions and safeguards)shall constitute a
misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to
prevent or remedy any violation.
23.40.034 ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this
ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
23.40.035 INTERPRETATION In the interpretation and application of this ordinance, all provisions
shall be:
A. Considered as minimum requirements:
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
23.40.036 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required
by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This ordinance does not imply that land outside the areas of special flood
hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall
not create liability on the part of The City of Encinitas, any officer or employee thereof, the State of California.
or the Federal Emergency Management Agency, for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
04-12 23.40.037
23.40.037 SEVERABILITY This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid.
such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the
section so declared to be unconstitutional or invalid.
SECTION 23.40.04
ADMINISTRATION
23.40.041 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Director of Public Works Department is hereby appointed to administer, implement; and enforce
this ordinance by granting or denying development permits in accord with its provisions.
23.40.042 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to
the following:
A. Permit Review
Review all development permits to determine:
I. Permit requirements of this ordinance have been satisfied, including determination of
substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained:
3. The site is reasonably safe from flooding:
4. The proposed development does not adversely affect the carrying capacity of areas where
base flood elevations have been determined but a floodway has not been designated. This
means that the cumulative effect of the proposed development when combined with all
other existing and anticipated development will not increase the water surface elevation
of the base flood more than 1 foot at any point within the City of Encinitas and
5. All Letters of Map Revision (LOMR's) for flood control projects are approved prior to
the issuance of building permits. Building Permits must not be issued based on
Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow
construction of the proposed flood control project and land preparation as specified in the
"start of construction" definition.
04-12 23.40.042B
B. Development of Substantial Improvement and Substantial Damage Procedures
1. Using FEMA publication FEMA 213. "Answers to Questions About Substantially
Damaged Buildings," develop detailed procedures for identifying and administering
requirements for substantial improvement and substantial damage, to include defining
"Market Value."
2. Assure procedures are coordinated with other departments/divisions and implemented by
community staff.
C. Review, Use and Development of Other Base Flood Data
When base flood elevation data has not been provided in accordance with Section 23.40.032.
the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a federal or state agency, or other source, in order
to administer Section 23.40.05.
NOTE: A base flood elevation shall be obtained using one of two methods from the FEMA
publication, FEMA 265. "Managing Floodplain Development in Approximate Zone A Areas
—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.
D. Notification of Other Agencies
I. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources prior
to alteration or relocation:
b. Submit evidence of such notification to the Federal Emergency Management Agency;
and
c. Assure that the flood carrying capacity within the altered or relocated portion of said
watercourse is maintained.
2. Base Flood Elevation changes due to physical alterations:
a. Within 6 months of information becoming available or project completion, whichever
comes first, the floodplain administrator shall submit or assure that the permit
applicant submits technical or scientific data to FEMA for a Letter of Map Revision
(LOMR).
b. All LOMR's for flood control projects are approved prior to the issuance of building
permits. Building Permits must not be issued based on Conditional Letters of Map
Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood
control project and land preparation as specified in the "start of construction"
definition.
04-12 23.40.042D2b
Such submissions are necessary so that upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management
requirements are based on current data.
3. Changes in corporate boundaries:
Notify FEMA in writing whenever the corporate boundaries have been modified by
annexation or other means and include a copy of a map of the community clearly
delineating the new corporate limits.
E. Documentation of Floodplain Development
Obtain and maintain for public inspection and make available as needed the following:
I. Certification required by Section 23.40.05I.C.I and Section 23.40.054 (lowest floor
elevations):
2. Certification required by Section 23.40.051.C.2 (elevation or floodproofing of
nonresidential structures):
3. Certification required by Section 23.40.051.C.3 (wet floodproofing standard):
4. Certification of elevation required by Section 23.40.053.A.3 (subdivisions and other
proposed development standards):
5. Certification required by Section 23.40.056.6 (floodway encroachments):
6. Information required by Section 23.40.057.F (coastal construction standards); and
7. Maintain a record of all variance actions, including justification for their issuance; and
report such variances issued in its biennial report submitted to the Federal Emergenc}
Management Agency.
F. Map Determination
Make interpretations where needed, as to the exact location of the boundaries of the areas of
special flood hazard, where there appears to be a conflict between a mapped boundary and
actual field conditions. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in Section 23.40.044.
G. Remedial Action
Take action to remedy violations of this ordinance as specified in Section 23.40.033.
04-12 23.40.042H
H. Biennial Report
Complete and submit Biennial Report to FEMA.
I. Planning
Assure community's General Plan is consistent with floodplain management objectives
herein.
23.40.043 DEVELOPMENT PERMIT
A development permit shall be obtained before an},construction or other development, including
manufactured homes. within any area of special flood hazard established in Section 23.40.032.
Application for a development permit shall be made on forms furnished by the City of Encinitas.
The applicant shall provide the following minimum information:
A. Plans in duplicate, drawn to scale. showing:
1. Location, dimensions. and elevation of the area in question, existing or proposed
structures, storage of materials and equipment and their location:
2. Proposed locations of water supply, sanitary sewer, and other utilities:
3. Gradine information showing existing and proposed contours, any proposed fill; and
drainage facilities:
4. Location of the regulatory floodway when applicable:
5. Base flood elevation information as specified in Section 23.40.032 or Section
23.40.042.C:
6. Proposed elevation in relation to mean sea level. of the lowest floor(including basement)
of all structures: and
7. Proposed elevation in relation to mean sea level to which any nonresidential structure will
be floodproofed, as required in Section 23.40.051.C.2 of this ordinance and detailed in
FEMA Technical Bulletin TB 3-93.
B. Certification from a registered civil engineer or architect that the nonresidential floodproofed
building meets the floodproofing criteria in Section 23.40.051.C.2.
C. For a crawl-space foundation, location and total net area of foundation openings as required
in Section 23.40.051.C.3 of this ordinance and detailed in FEMA Technical Bulletins 1-93
and 7-93.
D. Description of the extent to which any watercourse will be altered or relocated as a result of
proposed development.
04-12 23.40.043E
E. All appropriate certifications listed in Section 23.40.042.E of this ordinance.
23.40.044 APPEALS
The City Council of the City of Encinitas shall hear and decide appeals when it is alleged there is an
error in any requirement, decision. or determination made by the Floodplain Administrator in the
enforcement or administration of this ordinance.
SECTION 23.40.05
PROVISIONS FOR FLOOD HAZARD REDUCTION
23.40.051 STANDARDS OF CONSTRUCTION
In all areas of special flood hazards the following standards are required:
A. Anchoring
All new construction and substantial improvements of structures. including manufactured
homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including the effects of
buoyancy.
B. Construction Materials and Methods
All new construction and substantial improvements of structures, including manufactured
homes, shall be constructed:
I. With flood resistant materials, and utility equipment resistant to flood damage for areas
below the base flood elevation:
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding; and
4. Within Zones AH or AO, so that there are adequate drainage paths around structures on
slopes to guide flood waters around and away from proposed structures.
04-12 23.40.051 C
C. Elevation and Floodnroofing
1. Residential construction
All new construction or substantial improvements of residential structures shall have the
lowest floor, including basement:
a. In AE, AH. Al-30 Zones. elevated two feet above the base flood elevation.
b. In an AO zone, elevated above the highest adjacent grade to a height 2 feet above the
depth number specified in feet on the FIRM, or elevated at least 4 feet above the
highest adjacent grade if no depth number is specified.
c. In an A zone, without BFE's specified on the FIRM [unnumbered A zone], elevated
two feet above the base flood elevation; as determined under Section 23.40.042.C.
Upon the completion of the structure, the elevation of the lowest floor, including
basement, shall be certified by a registered civil engineer or licensed land surveyor, and
verified by the community building inspector to be properly elevated. Such certification
and verification shall be provided to the Floodplain Administrator.
2. Nonresidential construction
All new construction or substantial improvements of nonresidential structures shall either
be elevated to conform with Section 23.40.051.C.1 or:
a. Be floodproofed, together with attendant utility and sanitary facilities, below the
elevation recommended under Section 23.40.051.C.1, so that the structure is
watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy: and
c. Be certified by a registered civil engineer or architect that the standards of Section
23.40.051.C.2.a & b are satisfied. Such certification shall be provided to the
Floodplain Administrator.
3. Flood openings
All new construction and substantial improvements of structures with fully enclosed areas
below the lowest floor (excluding basements) that are usable solely for parking of
vehicles, building access or storage, and which are subject to flooding, shall be designed
to automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwater. Designs for meeting this requirement must meet the
following minimum criteria:
04-12 23.40.051(3)a
a. For non-engineered openings:
I. Have a minimum of two openings on different sides having a total net area of not
less than one square inch for every square foot of enclosed area subject to
flooding:
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers. valves or other coverings or
devices provided that they permit the automatic entry and exit of floodwater: and
4. Buildings with more than one enclosed area must have openings on exterior walls
for each area to allow flood water to directly enter: or
b. Be certified by a registered civil engineer or architect.
4. Manufactured homes
a. See Section 23.40.054.
5. Garages and low cost accessory structures
a. Attached garages.
I. A garage attached to a residential structure, constructed with the garage floor slab
below the BFE. must be designed to allow for the automatic entry of flood waters.
See Section 23.40.051.C.3. Areas of the garage below the BFE must be
constructed with flood resistant materials. See Section 23.40.051.B.
2. A garage attached to a nonresidential structure must meet the above requirements
or be dry floodproofed. For guidance on below grade parking areas, see FEMA
Technical Bulletin TB-6.
b. Detached garages and accessory structures.
1. "Accessory structures' used solely for parking (2 car detached garages or smaller)
or limited storage (small, low-cost sheds), as defined in Section 23.40.02, may be
constructed such that its floor is below the base flood elevation (BFE), provided
the structure is designed and constructed in accordance with the following
requirements:
a) Use of the accessory structure must be limited to parking or limited storage:
b) The portions of the accessory structure located below the BFE must be built
using Flood-resistant materials:
04-12 23.40.051(5)c
c) The accessory structure must be adequately anchored to prevent flotation.
collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure must be
elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment provisions
in Section 23.40.056; and
f) The accessory structure must be designed to allow for the automatic entry of
flood waters in accordance with Section 23.40.051.C.3.
2. Detached garages and accessory structures not meeting the above standards must
be constructed in accordance with all applicable standards in Section 23.40.051.
23.40.052 STANDARDS FOR UTILITIES
A. All new and replacement water supply and sanitary sewage systems shall be designed to
minimize or eliminate:
1. Infiltration of flood waters into the systems: and
2. Discharge from the systems into flood waters.
B. On-site waste disposal systems shall be located to avoid impairment to them, or
contamination from them during flooding.
23.40.053 STANDARDS FOR SUBDIVISIONS AND OTHER PROPOSED DEVELOPMENT
A. All new subdivisions proposals and other proposed development, including proposals for
manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the
lesser. shall:
I. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the final
plans.
3. If the site is filled above the base flood elevation, the following as-built information for
each structure shall be certified by a registered civil engineer or licensed land surveyor
and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-
F) to the Floodplain Administrator:
04-12 23.40.053(A)(3)a
a. Lowest floor elevation.
b. Pad elevation.
c. Lowest adjacent grade.
B. All subdivision proposals and other proposed development shall be consistent with the need
to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public utilities and
facilities such as sewer, gas, electrical and water systems located and constructed to minimize
flood damage.
D. All subdivisions and other proposed development shall provide adequate drainage to reduce
exposure to flood hazards.
23.40.054 STANDARDS FOR NIANUFACTURED HOMES
A. All manufactured homes that are placed or substantially improved, on sites located: (1)
outside of a manufactured home park or subdivision; (2) in a new manufactured home park or
subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or(4)
in an existing manufactured home park or subdivision upon which a manufactured home has
incurred "substantial damage" as the result of a flood, shall:
1. Within Zones AI-30, AH, and AE on the community's Flood Insurance Rate Map, be
elevated on a permanent foundation such that the lowest floor of the manufactured home
is elevated two feet above the base flood elevation and be securely fastened to an
adequately anchored foundation system to resist flotation, collapse, and lateral movement.
2. Within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map, meet the
requirements of Section 23.40.057.
B. All manufactured homes to be placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones A 1-30, AH, AE, VI-30. V, and VE on
the community's Flood Insurance Rate Map that are not subject to the provisions of Section
23.40.054.A will be securely fastened to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement, and be elevated so that either the:
1. Lowest floor of the manufactured home is at least two feet above the base flood elevation;
or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements
of at least equivalent strength that are no less than 36 inches in height above grade.
04-12 23.40.054132
Upon the completion of the structure. the elevation of the lowest floor including basement shall be
certified by a registered civil engineer or licensed land surveyor, and verified by the community
building inspector to be properly elevated. Such certification and verification shall be provided to
the Floodplain Administrator.
23.40.055 STANDARDS FOR RECREATIONAL VEHICLES
A. All recreational vehicles placed in Zones AI-30, AH, AE, VI-30 and VE will either:
I. Be on the site for fewer than 180 consecutive days: or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by quick disconnect
type utilities and security devices, and has no permanently attached additions: or
3. Meet the permit requirements of Section 23.40.043 of this ordinance and the elevation
and anchoring requirements for manufactured homes in Section 23.40.054.
B. Recreational vehicles placed on sites within Zones VI-30, V. and VE on the community's
Flood Insurance Rate Map will meet the requirements of Section 23.40.055.A and Section
23.40.057.
23.40.056 FLOODWAYS
Since floodways are an extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles, and erosion potential, the following provisions apply:
A. Until a regulatory floodway is adopted, no new construction, substantial development, or
other development (including fill) shall be permitted within Zones Al-30 and AE, unless it is
demonstrated that the cumulative effect of the proposed development, when combined with
all other development, will not increase the water surface elevation of the base flood more
than I foot at any point within the City of Encinitas.
B. Within an adopted regulatory floodway, the City of Encinitas shall prohibit encroachments,
including fill, new construction, substantial improvements, and other development, unless
certification by a registered civil engineer is provided demonstrating that the proposed
encroachment shall not result in any increase in flood levels durine the occurrence of the base
flood discharge.
C. If Section 23.40.056.A & B are satisfied, all new construction, substantial improvement, and
other proposed new development shall comply with all other applicable flood hazard
reduction provisions of Section 23.40.05.
04-12 23.40.057
23.40.057 COASTAL HIGH HAZARD AREAS
Within coastal hieh hazard areas. Zones V. V 1-30. and VE, as established under Section 23.40.032,
the following standards shall apply:
A. All new residential and non-residential construction, including substantial
improvement/damage, shall be elevated on adequately anchored pilings or columns and
securely anchored to such pilings or columns so that the bottom of the lowest horizontal
structural member of the lowest floor(excluding the pilings or columns) is elevated to or
above the base flood level. The pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse, and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Water loading values used
shall be those associated with the base flood. Wind loading values used shall be those
required by applicable state or local building standards.
B. All new construction and other development shall be located on the landward side of the
reach of mean high tide.
C. All new construction and substantial improvement shall have the space below the lowest
floor free of obstructions or constructed with breakaway walls as defined in Section 23.40.02
of this ordinance. Such enclosed space shall not be used for human habitation and will be
usable solely for parking of vehicles, building access or storage.
D. Fill shall not be used for structural support of buildings.
E. Man-made alteration of sand dunes which would increase potential flood damage is
prohibited.
F. The Floodplain Administrator shall obtain and maintain the following records:
1. Certification by a registered engineer or architect that a proposed structure complies with
Section 23.40.057.A: and
2. The elevation (in relation to mean sea level) of the bottom of the lowest horizontal
structural member of the lowest floor(excluding pilings or columns) of all new and
substantially improved structures, and whether such structures contain a basement.
04-12 23.40.060
SECTION 23.40.06
VARIANCE PROCEDURE
23.40.061 NATURE OF VARIANCES
The issuance of a variance is for floodplain management purposes only. Insurance premium rates are
determined by statute according to actuarial risk and will not be modified by the granting of a
variance.
The variance criteria set forth in this section of the ordinance are based on the general principle of
zoning law that variances pertain to a piece of property and are not personal in nature. A variance
may be granted for a parcel of property with physical characteristics so unusual that complying with
the requirements of this ordinance would create an exceptional hardship to the applicant or the
surrounding property owners. The characteristics must be unique to the property and not be shared
by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure. its
inhabitants, or the property owners.
It is the duty of the City Council to help protect its citizens from flooding. This need is so
compelling and the implications of the cost of insuring a structure built below flood level are so
serious that variances from the flood elevation or from other requirements in the flood ordinance are
quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if
variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more
detailed and contain multiple provisions that must be met before a variance can be properly granted.
The criteria are desiened to screen out those situations in which alternatives other than a variance are
more appropriate.
23.40.062 CONDITIONS FOR VARIANCES
A. Generally, variances may be issued for new construction, substantial improvement, and other
proposed new development to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood level,
providing that the procedures of Section 23.40.04 and Section 23.40.05 of this ordinance
have been fully considered. As the lot size increases beyond one-half acre, the technical
justification required for issuing the variance increases.
B. Variances may be issued for the repair or rehabilitation of"historic structures" (as defined
in Section 23.40.02 of this ordinance) upon a determination that the proposed repair or
rehabilitation will not preclude the structure's continued designation as an historic structure
and the variance is the minimum necessary to preserve the historic character and design of
the structure.
C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood
levels during the base flood discharge would result.
04-12 23.40.062D
D. Variances shall only be issued upon a determination that the variance is the "minimum
necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to
afford relief with a minimum of deviation from the requirements of this ordinance. For
example, in the case of variances to an elevation requirement, this means the City Council
need not grant permission for the applicant to build at grade, or even to whatever elevation
the applicant proposes, but only to that elevation which the City Council believes will both
provide relief and preserve the integrity of the local ordinance.
E. Any applicant to whom a variance is granted shall be given written notice over the signature
of a community official that:
I. The issuance of a variance to construct a structure below the base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25 for $100 of
insurance coverage. and
2. Such construction below the base flood level increases risks to life and property. It is
recommended that a copy of the notice shall be recorded by the Floodplain Administrator
in the Office of the County of San Diego Recorder and shall be recorded in a manner so
that it appears in the chain of title of the affected parcel of land.
F. The Floodplain Administrator will maintain a record of all variance actions, including
justification for their issuance, and report such variances issued in its biennial report
submitted to the Federal Emergency Management Agency.
23.40.063 APPEAL BOARD
A. In passing upon requests for variances, the City Council shall consider all technical
evaluations, all relevant factors, standards specified in other sections of this ordinance, and
the:
1. Danger that materials may be swept onto other lands to the injury of others:
2. Danger of life and property due to flooding or erosion damage:
3. Susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the existing individual owner and future owners of the property:
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations for the proposed use which are not subject to flooding
or erosion damage;
7. Compatibility of the proposed use with existing and anticipated development;
04.12 23.40.063(A)8
8. Relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. Safety of access to the property in time of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site; and
11. Costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water system, and streets and bridges.
B. Variances shall only be issued upon a:
I. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional "hardship"
to the applicant; and
3. Determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, or extraordinary public expense, create a nuisance (see
"Public safety and nuisance"), cause `fraud and victimization" of the public, or
conflict with existing local laws or ordinances.
C. Variances may be issued for new construction, substantial improvement, and other proposed
new development necessary for the conduct of a functionally dependent use provided that the
provisions of Section 23.40.063.A through 23.40.063.D are satisfied and that the structure or
other development is protected by methods that minimize flood damages during the base
flood and does not result in additional threats to public safety and does not create a public
nuisance.
D. Upon consideration of the factors of Section 23.40.062.A and the purposes of this ordinance.
the City Council may attach such conditions to the granting of variances as it deems
necessary to further the purposes of this ordinance.
"Exhibit "G" to Ordinance 2014-12
04-10 30.16.010A
CHAPTER 30.16
RESIDENTIAL ZONES
30.16.010. Development Standards.
A. The development standards described in the tables below shall apply to the
Residential zones and are minimums unless otherwise stated. These standards shall apply to all land
and buildings other than accessory buildings, permitted in their respective residential zones. In
addition to the development standards provided in this Chapter, each specific plan identified in
Chapter 30.84, Specific Plans, may have separate development standards for Residential zones in
their jurisdictional boundaries. Refer to individual specific plans, as referenced in Chapter 30.84;
for development standards in Residential zones within adopted specific plans. (Ord. 94-02)
For building height, see Section 30.16.01066. For Off-Street Parking requirements, see Chapter
30.54. (Ord. 2010-13)
1. RURAL RESIDENTIAL ZONES (Ord. 89.41)
ZONE REQUIREMENTS RR RR-I RR-2
a. Density(Maximum 0.123 (8 acres for 1.0 2.0
dwelling units per net acre) Floodplain) 0.26-0.50(2-4
acres depending on slope)
b. Midrange Density(See 0.125 (8 acres for 0.75 1.5
Section 30.16.01 B I & B2) Floodplain)
0.38 (3 acres depending on
slope)
c. Net Lot Area 2.4, or 8 acres 1.0 acre 21,500 sq. ft.
d. Lot Width (ft.) 110 110 100
e. Cul-de-sac Lot Width 30 at front setback 30 at front 30 at front
(ft.) setback setback
f Panhandle Width on a 20 20 20
Flag Lot(ft.)
g. Lot Depth (ft) 150 150 150
h. Front Yard Setback (ft) 30 30 30
i. Side Yard Setback(ft.) 15/15 (Ord. 2006-06) 15/15 10/10
for each interior side 4,5
j. Side Yard Setback(ft) 20 15 15
street sides
K. Rear Yard Setback (ft.) 25 25 25
1. Lot Coverage(maximum 35% 35% 35%
percentage)
04-10 30.16.010A2
2. SINGLE-FAMILY RESIDENTIAL ZONES
ZONE REQUIREMENT R-3 R-5 R-8 R-I I/RS-11
a. Density(Maximum 3.0 5.0 8.0 11.0
dwelling units per net
acre)
b. Midrange Density 2.5 4.0 6.5 9.5
(See Section
30.16.010B I & 132)
c. Net Lot Area(sq. ft.) 14.500 8300 5,400 3.950
d. Lot Width (ft.) 80 70 60 40
e. Cul-de-sac Lot Width 30 at front 30 at front 30 at front 30 at front
(ft.) setback setback setback setback
f. Panhandle Width on a 20 20 20 20
Flag Lot(ft.)
g. Lot Depth (ft.) 100 100 90 90
h. Front Yard Setback 25 25 25 20
(ft.)
i. Side Yard Setback (ft) 10/10 10/10 5/10 (RS-11) 515
for each interior side°'' (R-11) 5/0-5
j. Side Yard Setback (ft) 10 10 10 10
street side'
k. Rear Yard Setback 25 25 25 20
(ft.)
I. Lot Coverage 35% 35% 40% 40%
(maximum percentage)
m. Floor Area Ratio .6 .6 .6 (Standard Lot
Sizes)
.5
(Substandard
Lot)3
04-10 30.16.010A3
3. HIGHER DENSITY SINGLE-FAMILY AND MULTIPLE-
FAMILY RESIDENTIAL ZONES
ZONE REQUIREMENT R-I5 R-20 R-25 MHP
a. Density(Maximum 15.0 20.0 25.0 11.0
dwelling units per net acre)
b. Midrange Density(See 13.0 17.5 22.5 9.5
Section 30.16.010BI&B2)
c. Net Lot Area (sq. ft.) 20.000 20.000 20.000
d. Lot Width (ft) 100 100 100
e. Lot Depth (ft) 150 150 150
f. Front Yard Setback (ft) 20 20 20
g. Side Yard Setback (ft.) 15/15 15/15 15/15
for each interior side
(Standard Lot)5
h. Side Yard Setback 5/5 5/5 5/5
(Substandard Lot) street
side 3,5
i. Street Side Yard Setback_. 20 20 20
(Standard Lot) (ft.)'
j. Street Side Yard Setback 10 10 10
(Substandard Lot)35
k. Rear Yard Setback(ft.) 15 15 15
I. Rear Yard Setback Where 20 20 20
Allev Exists
m. Lot Coverage (maximum 40 40 40
percentage)
n. Building Height (See
30.16.010B6)
o. Distance between 15 15 15
buildings on the same lot less
than 16 ft. in height
p. Distance between 20 20 20
buildings on the same lot
greater than 16 ft. in height
FOOTNOTES
I. Requires a minimum 5 ft. side yard setback for both side yards, unless a zero lot
line development is proposed. For zero lot line development, a 5 ft. minimum side
yard setback is required for one side yard with a zero yard setback where the two
units have common walls.
2. See Section 30.16.010C4 and D10.
04-10 30.16.010A3
3. Note: Substandard lot under floor area ratio refers to a lot that does not meet the
standard for lot area (Ord. 84-91)
4. See Section 30.16.010139 (Ord. 90-15)
5. See "Lot. Interior' in Section 30.04.
B. ALL RESIDENTIAL ZONES. The following development standards shall apply to
all residential zones.:
1. In determining the mid-range or maximum number of dwelling units allowed for a
property, multiply net acreage by the mid-range density or maximum density given in
30.16.010A. Any fraction of a dwelling unit shall be reduced to the next lower whole unit
not less than one.
2. Net acreage is the slope adjusted gross acreage not including acreage of the flood plains,
beaches, permanent bodies of water, significant wetlands, major power transmission
easements, railroad track beds, existing and future rights-of-way and easements for public or
private streets/roads, and the area contained within the panhandle portion of a panhandle lot
in a zone where the minimum required lot size is 10,000 square feet or less. The portion of
access roadways or easements internal to a project that are used exclusively to provide
access to rear-loaded garages are not required to be deducted from gross acreage. Driveways
providing access to dwelling unit(s) on one lot are not deducted from gross acreage.
Environmental constraints may reduce density. (Ord. 2003-10).
a. The slope adjustment shall be required and is as follows:
(1) All land in 0-25% slope of natural grade is allowed to use
100%of acreage.
(2) All land in 25-40% slope of natural grade is allowed to use
50%of acreage.
(3) All land in 40%+slope of natural grade is allowed to use 0%
of acreage.
(4) Five-foot contour maps available from the City shall be used
for calculating the slope adjustment.
b. The density of development shall be based on net acreage. Projects
proposing to create a total of four units/residential lots or less may exceed
mid-range density regulations without having to comply with the following
findings, so long as the project will not exceed maximum density. In order
to exceed mid-range density up to the maximum density for projects
containing 5 or more dwelling units or residential lots, allowed for the
subject site, the following findings must be made by the appropriate agency:
04-10 30.16.010132b(1)
(1) The project shows high sensitivity to the neighboring properties
and area to ensure compatibility with land uses and community
character. and:
(2) The project design significantly exceeds the minimum standards
for development (lot size, setbacks, lot width and depth, landscape
standards and design standards)and;
(3) The project either:
° Provides needed public improvements that are significantly beyond
the requirements for the project, or;
Provides private or public recreational facilities that significantly
exceed the project's requirements.
° Or provides other significant benefits.
3. Street setbacks shall be measured from the ultimate street right-of-way according to
the City Engineer or the maximum required street width if the street is proposed to be
private or is now a private street.
4. When landscaping is required, landscaping shall consist predominantly of trees,
shrubs, ground cover and decorative rocks, except for necessary walks, drives and fences.
All required landscaping shall be maintained in a healthy and thriving condition. free from
weeds, trash, and debris.
5. Varieties of plants chosen for landscaping may be restricted through the
development review process to protect or preserve views. All required plantings shall be
maintained in good growing condition. and whenever necessary, shall be replaced with new
plant materials to ensure continued compliance with required landscaping, buffering, and
screening requirements. All landscaping shall be maintained in a manner that will not
depreciate adjacent property values or otherwise adversely affect adjacent properties.
6. The following standards shall apply to building height limits for residential
buildings. (Ord. 2003-10).
a. The standard height limit for residential buildings shall be the lesser of two stories
or the following height, all as measured to the top of a flat roof(or in the case of a
pitched roof to the top of the roof immediately above the exterior plane of the wall
below, including roofing material):
• 26 ft. - RR to RR-I zones citywide, RR through RR-2 in the Olivenhain
Community.
• 22 ft.- RR-2 (except Olivenhain Community)and higher zones, and substandard lots
in the Olivenhain Community.
04-10 30.16.01 OB6a
This height standard is subject to the following exceptions:
30" CHIMNEY WIDTH
2 / PITCHED ROOF
TOP OF ROOF FINISH
4' ABOVE EXTERIOR WALL
/ (SEE INSET BELOW)
FP M
22'
FR M
PITCHED ROOF
TOP OF ROOF
ABOVE EXTERIOR
WALL
02-05 30.16.010136a
30" CHIMNEY WIDTH
/
22'
FH M
FLAT ROOF
(1) On lots in R-3 to R-25 zones with greater than ten (10) percent slope, the building
height at the uphill side of the lot shall not exceed twelve (12) feet above the crown
of the right of way. Where a street does not abut the uphill side of the sloped lot or a
panhandle portion of a lot exists, this measurement shall be made at the property
line located at the uphill side of the lot (excluding the panhandle of a lot) except as
provided below. In no case shall the building exceed the applicable standard height
limit at any point unless provided by the Code. Lot slope shall be determined in
accordance with 30.16.010136e below. (Ord. 2003-10).
03-07 30.16.01 OB6a(2)
/ PROJECTED PITCHED ROOF
` /
4'
7
7i 4
i
7
2. . PR 22'
PL �
/ WHEN STREET IS
LOCATED ON UPHILL
SIDE OF LOT,HEIGHT
MEASUREMENT IS
TAKEN FROM THE
PL CROWN OF THE
STREET.
WHEN STREET IS NOT
LOCATED ON UPHILL SIDE
OF LOT,BUILDING HEIGHT
MEASURED FROM UPHILL
PROPERTY LINE.
(2) In all zones, elements such as towers (maximum diagonal dimension of 12 feet).
hips, gables, and spires may extend no more than 4' above the permitted standard
height limit. A roof that extends above the permitted standard height limit shall
have a minimum 3:12 pitch. Barreled roofs and roof decks shall be permitted
provided the design of the roof or deck railings do not extend beyond the envelope
of a projected pitch roof as authorized by this Section. An additional maximum of a
T projection (beyond the elements extending up to 4 ft. listed above) may be
authorized by staff for chimneys, provided: 1) the perimeter of the chimney does not
exceed 120 linear inches; and 2) the width of the chimney is no wider than 40" in
any direction; and 3) a required non-decorative spark arrestor assembly may be
added to the 2' chimney; and 4) the building height plus projections do not exceed
30 feet in height. (Ord. 2006-06)
02-05 30.16.01 0136a(3)
(3) Existing residential structures in the New Encinitas Community constructed at a
height exceeding the aforementioned 22 ft./26 ft. height may be remodeled or added
to at the height of the existing structure. The height of the existing structure shall be
documented through a height survey or other manner found satisfactory by the
Director. and the proposed addition/remodel must also maintain substantially the
same design character as the existing structure, also to the satisfaction of the
Director. (Ord. 2003-10).
/PROJECTED PITCHED
ROOF � \
22'
BARRELED ROOF DECK RAILINGS
b. All building permit applications for residential buildings shall provide
building height information at a sufficient number of locations to
substantiate that no point of the structure exceeds the standard building
height limit, projections do not exceed the height restrictions, and the
structure contains no more that two (2)stories. (Ord. 2003-10).
02-05 30.16.010B6c
C. Natural grade shall be determined as follows: (Ord. 2003-10).
Natural grade may be determined by the Planning and Building Director, or authorized
agency when a discretionary application is being reviewed. with consideration given to:
(1) The prevailing topography of the site which has existed for some period of
time prior to review of a project under consideration. Documentation of the
grade shown on photographs, historical topographic surveys and/or in
geotechnical reports prepared by certified professionals may be utilized on a
case by case basis to determine the natural grade for purposes of development.
The review shall take into account the vegetation on the site. the existing
earth forms at the time of the review and the expectation that a reasonable
person would consider the grade to be natural. Small earth form irregularities
in topography, such as pits or mounds and similar features may be
disreearded:
(2) Grading or other modifications of earth forms which result in gaining an
advantage for future development, shall not be considered natural grade when
substantial evidence can reasonably document that the grading or
modifications of earth forms have resulted in circumvention of the regulations
in the Municipal Code.
d. Finished pad elevation shall be determined as follows:
An approved subdivision map may establish the finished building pad elevation from which
building height is measured with consideration given to on-site and surrounding uses and
terrain. Where the property is located significantly below the level of existing streets (as
determined by the Planning and Building Director) a pad elevation, from which the building
height is measured, may be approved subject to a Use or Design Review Permit.
e. The slope of a lot shall be determined as follows:
(1) For the purpose of determining whether a lot has a greater than
10% slope, the average lot slope within the building envelope
(setback lines) must be established. The average lot slope is
determined by calculating the total change in elevation from
setback line to setback line (rise/run), and is established by placing
three run-lines across the property and taking the combined
average slope of the three lines. The lines are to follow the slope of
the property, i.e. are to be placed at right angles to the contour
lines.
02-05 30.16.010B6e(2)
(2) For properties in which the run-lines parallel the property lines,
two run-lines shall be placed along the peripheral setback lines,
with the third line placed down the center of the property. For
situations in which the slope crosses the propem, at an angle, the
three run-lines shall be placed in such a way as to reveal average
slope of the entire building envelope, to the satisfaction of the
Director of Planning and Building. For properties of an irregular
shape and topography, additional run-lines may be required on the
site plan to the satisfaction of the Director of Planning and
Building. (Ord. 2003-10).
(3) Bluff-top properties with one property line located at the lower
portion of the bluff shall not be subject to a designation of greater
than 10% lot slope, unless, using the method of measurement
described above, the portion of the property between the edge of
bluff and the opposite setback line is determined to exceed 10%. A
bluff exists when the vertical elevation between the top and the toe
of the bluff is ten feet or more.
(4) All building permit applications for new residential construction or
additions on which slope determination is an issue must provide
topographic information in order for lot slope to be determined.
For properties with an average slope of 5% or less, and for
properties on which the owner is not disputing the degree of slope
being greater than 10%. the topographic information may be
provided b} a note on the site plan indicating percentage of slope.
For lots sloping greater than 5% on which slope determination is
an issue, topographic information based on a permanent assumed
benchmark shall be depicted on the site plan. The topographic
information can be provided by the property owner. contractor.
architect, designer, land surveyor or civil engineer. If substantial
evidence is presented which indicates that the topographic
information is inaccurate. a certified survey shall be provided from
a professional land surveyor or civil engineer.
07-94 30.16.010B7
7. Floor Area Ratio (FAR) shall limit the amount of floor area of a building on a lot. FAR is
determined by dividing the total bulk floor area by the gross lot area of the lot or lots on
which one or more structures are located. The bulk floor area is the area per UBC included
within the surrounding exterior walls of a building or portion thereof; exclusive of vent
shafts, courts and architectural projections not utilized as livable area. The floor area bulk
of a building or portion thereof, not provided with surrounding exterior walls shall be the
usable area under the horizontal projection of the roof or floor above. Bulk floor area
excludes: (Ord. 92-21)
a. Floor area covered by a roof of open construction, such as a trellis,
sunscreen or lattice work, where the total square footage of the open spaces of the
covering is fifty percent (50%) or more of the total square footage of the floor area
below. (Ord. 92-21)
b. Floor area whose walls are of open construction. such as a trellis, sunscreen
or lattice work, or partial wall where fifty percent (50 1/o) or more of the total square
footage of the vertical planes of the perimeter of the bulk floor area is open. (Ord.
92-21)
C. Floor area which has less than five feet of headroom between the floor and
the ceiling. (Ord. 89-41)
d. That portion of the floor in the basement. (Ord. 89-41)
e. Floor area used solely for the capture, distribution or storage of solar energy.
(Ord. 89-41)
f Up to 400 square feet per dwelling unit for a garage or carport. (Ord. 92-21)
I
04-10 30.16.01 OB8
8. An animal kennel that was lawfully established and was in existence on March 29.
1989 may expand and rebuild in accordance with the development standards for the zone in
which it is located. When an expansion increases the intensity of the use, a major use permit
shall be required. An increase in intensity would include, but not be limited to, an increase
in animals. customers, and traffic, and a relocation or expansion of high activity areas (doe
runs). When structural alterations are proposed that do not increase the intensity of the use.
a design review permit shall be required pursuant to Chapter 23.08 of the Municipal Code.
Such structural alterations would include, but not be limited to: building elevation redesign:
landscaping, walkways and fences/walls. additions to utility rooms, office space and lobby
space. The permit (Major Use Permit and/or Design Review Permit) shall be revoked only
if the kennel is operated in a manner contrary to law or the use is removed by the owner.
(Ord. 90-16)
9. Additions to existing nonconforming residential structures that were legally
constructed prior to March 29. 1989. shall have an interior side yard setback in accordance
with the following: (Ord. 94-11)
a. The existing interior side yard setback of the existing building may be
maintained except that in no case shall the interior side yard setback of the addition
be less than:
(1) 10' for a 15' required side yard setback.
(2) S for a 10' required side yard setback.
b. Second story additions are allowed for an existing nonconforming two story
dwelling based on the setbacks of subsection 9a above. (Ord. 94-11)
C. Additions in conformance with subsection 9a above shall be limited to one
story for an existing nonconforming single story dwelling unless it is determined
that no view issues exist. Should no view issues exist based on the filing of a
Conceptual Review application and subsequent site analysis, the Director of
Planning and Building shall approve a second story addition based on the setbacks
of subsection 10a above. The adjacent property owners shall be notified of the
decision and be given the opportunity of an *appeal. Should view issues exist a
Design Review application must be filed and a public hearing scheduled before the
Community Advisory Board. (2003-08).
02-05 30.16.010139d
d. New construction on vacant lots or to replace demolished units shall comply
with the established interior side yard setbacks unless otherwise permitted pursuant
to Chapter 30.76 (Nonconformity Regulations)of the Municipal Code.
e. Second story additions to existing single story residential structures which
comply with the setback standards in effect at the time of building permit
application shall be processed in accordance with the standards contained in Chapter
30.16 of this Code. (Ord. 94-11)
10. Additions or enclosures for existing third story rooms and/or decks that were legally
constructed prior to March 29. 1989 may be approved through the design review process if
it can be found that the addition and/or deck enclosure:
a. Maintains some of the significant views enjoyed by residents of nearby
properties, and
b. That the remodeled building is compatible in bulk and mass with buildings
on neighboring properties, and
C. That the Floor Area Ratio prescribed for the zoning district in which the
project is located is not exceeded. (Ord 92-30)
11. For single family residential zones, the following development standards shall
apply: (Ord. 2003-10).
a. Front vard setbacks within subdivisions of 5 or more lots should vary in a
manner consistent with the pattern of development in the surrounding neighborhood and
consistent with the provisions of the underlying zoning.
b. Garage placement/design standards for single-family subdivisions:
(1) Garages shall be located to minimize or reduce their visual presence.
to the extent practical.
(2) In RR to R-3 Zones, the placement of garages on a single-family lot
shall wary, e.g.. (a) located in the rear of the lot but accessed from the front. (b)
located in the front portion of the lot with either direct access or side loaded. or (c)
accessed from the alley or side street, or combination. In R-5 to RS-I I Zones. the
placement of garages on the lot is encouraged to vary, to the extent practical.
(3) To the extent practical, access to the garage shall be from the alley or
side street, if available.
C. For a new tract front yard setbacks may be reduced up to 25 percent on a
maximum of one-half of the dwelling units within a residential tract: however, no street
setbacks shall be less than twenty (20) feet to the garage for front-entry garages, and
fifteen (15) feet to the garage for side-entry garages.
07-05 30.16.010B12
12. Non-conforming "Residential Care. General' facilities, if determined by City review
as being lawfully established and in existence on the date of adoption of this code section,
may expand or rebuild in accordance with the development standards for the zone where it
is located. When an expansion increases the intensity of the use, a major use permit shall be
required. An increase in land use intensity may include, but not be limited to: an increase in
the number of residents, traffic and/or noise impacts, or a relocation or expansion of outdoor
activity areas. (Ord. 2005-03)
C. SINGLE-FAMILY RESIDENTIAL ZONES (RR-2/R-3/R-5/R-8/RS-11). In the
single-family residential zones, the following development standards shall apply in addition to A &
B ofthis Section: (Ord. 2003-10).
1. Residences shall be oriented with the rear of the residence toward collector
and larger streets where possible, consistent with the pattern of development in the
neighborhood. (Ord. 2003-10).
2. Walkways connecting with City sidewalk/trail systems shall where practical
be provided in new residential developments. (Ord. 2003-10).
3. Driveway or other concrete or asphalt concrete areas available for parking
shall not exceed fifty (50) percent where practical of the required front yard area.
(Ord. 2003-10).
4. The front yard setback for R-11 zones may be reduced to 15 feet provided
that the subject parcel is substandard in either size or the depth of the lot, and an
alley abuts the rear of the parcel where the required parking is to be located. No
paving (impervious surfaces) shall be permitted in the front yard other than a
pedestrian sidewalk to the front entry with the rest of the front yard being
landscaped when the front setback is so reduced. (Ord. 2003-10).
5. To the extent practical, access to the garage shall be from the alley or side
street, if available. (Ord. 2003-10).
12-93 30.16.0101)
D. HIGHER DENSITY SINGLE-FAMILY AND MULTIPLE-FAMILY
RESIDENTIAL ZONES (R-11/R-15/R-20/R-25). (Ord. 89-41) In the higher density single-family
and multiple-family residential zones, including the conversion of apartments to condominiums, the
following development standards shall apply in addition to A R B of this Section:
1. A minimum of ten (10) percent of the floor area of the unit shall be provided
as private open space for both ground floor units and units contained wholly on the
second floor. For units wholly on the second floor this open space may be provided
by outdoor decks.
2. Architecturally compatible trash enclosures, and adequate areas for
collecting and loading recyclable materials, screened from view of the roadway. and
convenient to all dwelling units within the project, shall be provided. (Ord. 93-14)
3. A minimum of fifteen (15) feet wide of screen type landscaping shall be
provided and maintained on the project side of any property line separating the
project from a rural residential or single-family residential zone.
4. A minimum of 250 cubic feet of lockable, enclosed storage area per unit
shall be provided within a garage/carport area, or within the main building.
5. Fully screened recreation vehicle parking areas shall be provided or the
development shall prohibit all parking of recreation vehicles.
6. A minimum of thin (30) trees per net acre shall be required as part of the
project landscaping; the trees shall consist of a combination of box specimen and
fifteen (15) gallon sizes. Smaller sized trees may be approved provided said trees
reach a desired maturity height within 3 years after project occupancy.
7. A masonry wall, or equal six (6) feet in height from the highest finished
grade may be required along the project's rear and side property lines, unless the
property line separates two higher density residential projects. Where the adjacent
grade of abutting property is four(4) feet or more lower or higher than the project
I
12-93 30.16.01 OD7
site, the masonry wall shall be a minimum of six (6) feet in height. No walls are
required in front or street side yards unless needed for noise attenuation and/or
privacy. All masonry walls greater than 4 feet in height shall be planted with vine
cover material (or equal landscaping).
8. The following recreation facilities shall be provided unless waived during
the Design Review process:
a. Childrens' play area
b. Swimming pool
c. Family picnic area
9. Auxiliary structures/equipment and utilities. The following development
standards related to auxiliary structures/equipment and utilities shall apply:
a. 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:
b. All ground-mounted mechanical equipment, including heating and air
condition units, and trash receptacle areas and adequate areas for collecting
and loading recyclable materials, shall be completely screened from
surrounding properties by use of a wall, fence, or landscaping, or shall be
enclosed within a building; (Ord 93-14)
C. 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, with the exception of existing overhead power
transmission lines in excess of 34.5 KV and long-distance and main trunk
communications facilities. Transformer, terminal boxes. meter cabinets,
pedestals, concealed ducts and other facilities may be placed above ground
provided they are screened with landscaping.
d. Trash receptacles and adequate areas for collecting and loading
recyclable materials enclosed by a six-foot high masonry wall with view-
obstructing gates shall be provided in an acceptable location: (Ord. 93-14)
03-07 30.16.01OD9e
e. Outdoor storage and sales areas shall be entirely enclosed by solid
masonry walls not less than six (6) feet in height to adequately screen such
areas from view. Reasonable substitutions such as masonry, wood or metal
pilasters with wrought iron or chain link and view obscuring material may
be approved during Design Review.
10. The front yard setbacks may be reduced to 15 feet provided that the subject
parcel is substandard in either size or the depth of the lot, and an alley abuts the rear
of the parcel where the required parking is to be located. No paving (impervious
surfaces) shall be permitted in the front yard other than a pedestrian sidewalk to the
front entry with the rest of the front yard being landscaped. (Ord. 89-41)
E. ACCESSORY STRUCTURES. In all residential zones. the following development
standards related to accessory structures shall apply (refer to Chapter 30.48: Accessory Use
Regulations for additional standards related to accessory uses. location, quantity permitted, size. etc.
of permitted accessory structures): (Ord. 97-17)
I. A detached accessory structure shall meet the setback requirements of the
main building for the front and street side yard areas.
2. An accessory structure shall comply with applicable floor area ratio
standards with the exception to play houses, storage sheds, and other structures that
do not require a building permit. (Ord. 89-41)
3. A detached accessory structure may be located within a required interior side
yard or rear yard setback area provided that such structure is located no closer than
five (5) feet to an interior side or rear lot line, and shall not cover more than 50% of
the required interior side or rear yard. (Ord. 2006-06)
4. A detached accessory structure shall be at least six (6) feet from the main
structure or other structures on the property with eaves not less than 4 feet from the
main structure or other structure. A detached accessory structure shall have no
projections beyond the five (5) foot setback established by Section 30.16.010E3
except for roof eaves. Roof eaves may project a maximum of two (2) feet into the
required five (5) foot setback.
5. Accessory structures located within a required side yard or rear yard setback
area shall be limited to one (1) story and 12 feet in height. Roofs pitched not less
than 3:12 may extend an additional 2 ft. to a maximum 14 feet, to peak of roof.
Detached accessory structures that meet the main building setbacks and do not
project into any required setback area may have a building height as outlined for
residential structures. See Section 30.16.010136. See subsection 30.16.010E1O
below for standards related to minor accessory structures.
I
03-07 30.16.010E6
6. Swimming pools and spas may be located within the required interior or rear
yard provided they are no closer than three (3) feet to interior side and rear lot lines.
Swimming pools may occupy more than 50% of the required rear yard. Pool
equipment may be located no closer than three (3) feet to interior side, street side or
rear lot lines. and shall be fully screened (i.e. landscaping or fencing) from any
adjacent property. Swimming pools and spas shall comply with all fencing
requirements as set forth in Section 30.16.010 Subsection F(3) of this Code. (Ord.
97-17)
7. Canopies, covers for a patios/decks with the floor less than 30 inches above
grade, and breezeways attached to the main building or connecting the main
building with a detached accessory building, may extend into a required rear or
interior side yard provided that portions of such structures extending into the
required yard area meet the following: (Ord. 89-41)
a. The canopy, covered patio/deck, or breezeway shall not exceed twelve
(12) feet in height or project closer than five (5) feet to an interior side yard
lot line or closer than ten (10) feet at the rear lot line; (Ord. 89-41)
b. The canopy, covers for a patio/deck or breezeway shall be entirely
open on at least three sides except for necessary supporting columns. A roof
connecting a main building and an accessory building shall be open on two
sides. (Ord. 89-41)
8. Architectural features of the primary structure, such as porches, steps, eaves,
awnings, chimneys, decks, balconies, stairways, wine walls, or bay windows,
window seats, fireplaces, planters, roof overhangs and other architectural projections
which do not create additional livable area may project into any front or rear yard
not more than four (4) feet. Such projections are permitted to project into any side
yard area no more than that identified below: (Ord. 92-21)
Required Maximum Vertical Maximum Horizontal
Side yard Projections Projections
Setback
5' 6' 2'
10' 8' 3'
15' N/A 5'
20' N/A 5'
04-10 30.16.010E8
The maximum vertical projection is the vertical height of a projection that would be
permitted in the side yard setback area. The height is measured from the lowest
point of the architectural feature to the highest point within the side yard setback.
(Ord. 89-41)
9. A tennis court fence may be located within an interior side yard or rear yard;
provided that the structure is located no closer than five feet to an interior side or
rear lot line and said fence does not exceed 12 feet in height. (Ord. 894 1)
10. Minor accessory structures refers to non-habitable structures such as small
play houses and storage sheds that are accessory to a residential use and that are not
otherwise regulated by this chapter and that are not regulated with a building permit
under the City's Adopted Building Code. Such structures may be permitted to
encroach to interior side and rear property lines subject to the following limitations:
a. Minor accessory structures may be located within the interior side
yard and rear yard setback provided that a minimum of five (5) feet is
maintained for clear access between the minor accessory structure and any
other structure, other than a fence, retaining wall, or similar structure.
04-10 30.16.01 OE I Ob
b. Minor accessory structures shall be limited to one (1) story with a
maximum height limit often (10) feet.
C. Minor accessory structures shall not exceed 120 square feet of floor
area or projected roof area per structure. No more than four (4) minor
accessory structures shall be allowed on anv site.
d. Accessory structures that otherwise meet the above limitations but
require a permit under the City's Adopted Codes for plumbing, electrical,
mechanical. or any other purposes shall not be considered a minor accessory
structure and shall be subject to the issuance of a building permit and shall
be subject to the typical setback and height standards outlined for accessory
structures.
e. When located within 5 feet of a side or rear property line, minor
accessory structures may not cumulativeiv extend for more than 50% of the
length of a rear property line or for more than 25% of the length of a side
property line.
11. For those parcels located under the Coastal Bluff Overlay Zone Section 30.34.020B
shall apply.
F. FENCES AND WALLS. In all residential zones, the following development
standards related to fences and walls shall apply:
I. FENCE REGULATIONS: The following development standards shall
apply to fences and walls. (Ord. 93-18)
a. FRONT YARD: In any front yard within 15 feet from the property line
or road easement. a fence shall be limited to 4 feet in height, but may, be
constructed to a maximum of 6 feet provided that the top 2 feet of the fence
is of material being at least 50% open which provides for visibility through
that portion of the fence, except as provided herein and in subsection D and
E of Section 30.16.010. (Ord. 93-18)
b. STREET SIDE_. INTERIOR SIDE and REAR YARD: In any street side
yard, interior side yard or rear yard. a fence shall be limited to 6 feet in
height, except as provided herein and in subsection D and E of Section
30.16.010. (Ord 93-18)
C. STREET CORNER. SIGHT DISTANCE: Within 15 feet of an
intersection of 2 streets or a private easement providing vehicular access to 2
or more primary dwelling units, a fence may not exceed 4 feet. A greater
03-07 30.16.0 1OF2c
setback may be required by the Director of Public Works if the proposed
wall or fence is determined to be in an unsafe location. (Ord. 93-18)
2. NOISE ATTENUATION WALL: A 6 foot solid wall may be approved in any
required setback upon review of a noise study prepared by a recognized acoustical
engineer demonstrating the need for a noise attenuation wall and, if required by the
Director of Public Works, an analysis of adjacent road intersection demonstrates
that adequate sight distance is maintained. (Ord. 93-18)
The residential fence standards contained in Section 30.16.010 F I and F2 above are summarized as
follows:
Maximum Fence Heieht
STREET INTERIOR SIDE
FRONT STREET CORNER REAR
4' Solid+ 6'Solid 4' Solid 6' Solid
2' 50%open
6' solid w/ 4' within 6' solid w/
15' setback 15' from 15'setback
corner
3. POOL FENCING REQUIREMENTS: A minimum 5 foot fence with self-
latching gate shall be provided to enclose all pools and spas as set forth in Section
11.04.020 L of the Municipal Code which adopts title 7. Chapter 3.5 of the County
of San Diego Code by reference. (Ord. 93-18)
4. TEMPORARY FENCE MATERIALS: Fiberglass sheeting, bamboo sheeting.
or other similar temporary material shall not be permitted as a fencing material on
street yard frontages. (Ord. 93-18)
5. TENNIS COURT FENCING: Fences surroundine tennis courts may be located
within an interior side yard or rear yard provided that the fence is located no closer
than five feet to an interior side or rear lot line and said fence does not exceed 12
feet in height. (Ord. 93-18)
6. BARBED WIRE AND ELECTRICAL FENCING: Barbed wire and electrical
fencing are prohibited in all residential zones, except for the following: (Ord. 93-
18)
a. Barbed wire is permitted for agricultural uses only.
03-07
30.16.01 OF6b
b. High voltage electrical fencing is permitted for containment of large
animals subject to the following regulations: (Ord. 93-18)
(1) Electrical fencing may be maintained on the property line at a
maximum of 6 feet in height. When the electrical fence is adjacent
to a public road or access easement, the electrical fence shall be
located on the inside of a nonelectrical fence.
2) Permits shall be obtained from the Building Department
unless exempt. UL (Underwriters Laboratory) approved and other
recognized agencies approved electrical fencing is exempt from
permits.
(3) Appropriate signage shall be posted to give notice of the
electrical fencing.
06-93 30.16.020
30.16.020 Special Provisions.
A. LOT AREA AVERAGING. The purpose of lot area averaging is to allow
flexibility in lot design so as to minimize grading and preserve steep natural slopes and other
environmental resources. The intent is that lots shall relate to the topography so as to ensure the
preservation of unique topographic features, riparian or woodland areas, and other significant
features of community importance. Lot area averaging shall not be used to create recreational or
other open space for the exclusive use of the residents of the subdivision or for the use of the
general public on a fee or membership basis, or for any other purpose for which approval of a
Planned Residential Development or Specific Plan would be the appropriate process. (Ord. 93-08)
1. Use Permit Required. Lot area averaging for subdivisions creating four (4)
or fewer lots in a residential zone may be approved pursuant to a minor conditional
use permit. and subdivisions creating five (5) or more lots are subject to major
conditional use permit approval as described in Chapter 30.74.
2. General Requirements. Except where specifically modified in this section.
all coverage, height, parking. and other requirements shall be as described in
Chapter 30.16. Lot area averaging projects shall be subject to the following criteria:
a. The density of development (number of available lots) is calculated
by the method described in this Chapter. Lots designed for residential use
may be smaller than that allowed by the underlying zoning: however. the
density allowed by the underlying zoning of the subdivision shall not be
exceeded except as permitted through approval of a density bonus pursuant
to Section 30.16.020C.
b. The area(s) to be left as open space is determined and the available
residential lots are distributed within the non-open space area of the
property.
C. All lots and easements in the subdivision designated for open space
shall be permanently reserved in a manner that makes the City of Encinitas a
party to and entitled to enforce the reservation. For purposes of this Section,
Open Space shall mean those areas deemed by the City to be of significant
community importance including, but not limited to, riparian and woodland
habitat, sensitive biological areas, unique topology, and so forth.
04-10 30.16.020A2d
d. None of the lots, except any remainder parcels. can be further
subdivided. A note on the final map and a covenant to that effect shall be
recorded.
e. Private streets shall be permitted.
B. PLANTED RESIDENTIAL DEVELOPMENT. The Planned Residential
Development (PRD) regulations are intended to facilitate development of areas zoned for
residential use by permitting greater Flexibility and, consequently. more creative and imaginative
designs for the development of such residential areas than is generally possible under conventional
zoning and subdivision regulations. These regulations are further intended to promote more
economical and efficient use of land while providing a harmonious variety of housing choices, a
higher level of residential amenities, and preservation of natural resources and open space.
Affordable housing opportunities are encouraged through the application of this Section, the
Density Bonus provisions pursuant to Section JO.I6.020C. and the Accessory Apartment provisions
pursuant to Section 30.48.040N. A PRD may be approved for any residentially-zoned property.
Attached unit development within a PRD is permitted in a single-family zone provided that the
Planning Commission finds that such development is compatible with. and will not adversely affect
neighboring properties.
I. Use Permit Required. All Planned Residential Development proposals are
subject to approval of a major conditional use permit as described in Chapter 30.74.
2. Pre-application Conference. Prior to submitting an application for a use
permit for a planned residential development, it is recommended that a prospective
applicant should consult with the Planning and Building Department to obtain
information and to review the proposed application. At the applicant's request and
after payment of a pre-application fee. the Department will schedule a conference to
be attended by the applicant, representatives of the various City Departments, and a
subcommittee of the Planning Commission composed of the Chair and Vice-Chair.
(Ord. 96-07)
3. General Requirements.
a. Planned residential developments shall relate harmoniously to the
topography of the site, shall make suitable provision for the preservation of
steep slopes, water courses. drainage areas, wooded areas. rock
outcroppings, and similar natural features. and shall otherwise be designed
to retain such natural features to the greatest extent possible.
b. Lots and structures shall be designed to follow and not significantly
alter the natural contour of the land.
06-96 30.16.020B4
4. Development Criteria. All height and other requirements not specifically
modified by this section shall be as described in Chapter 30.16. All parking
requirements not specifically modified by this section shall be as described in
Chapter 30.54.
a. Density. The density of development (number of available lots or
units) is calculated as described in this Chapter. The maximum density
allowed by the project area's underlying residential zoning shall not be
exceeded except as permitted through approval of a density bonus pursuant
to Section 30.16.020C.
When a proposed project area contains two or more residential zones, the
maximum number of dwelling units shall be the total of the dwelling units
permitted under each of the component zones. The dwelling units in a PRD
containing two or more residential zones may be distributed within the
development without regard to the boundaries of the component zones
provided that the authorized agency makes the following findings:
(1) The density transfer is compatible with existing development
in the surrounding area: and
(2) The transferred density is consistent with applicable General
Plan land use designations and policies.
b. The area(s) to be left as open space is determined and the available
residential lots are distributed within the non-open space area of the
property:
C. None of the lots, including the open space lot(s) but excluding any
remainder parcels, can be further subdivided. A note on the final map and a
covenant to that effect shall be recorded.
d. Minimum Lot Area. Lot Width and Depth, Lot Coverage. Lot areas,
lot width and depth, and lot coverages for a PRD shall be determined as part
of the approval for a major conditional use permit.
e. Setback Requirements.
(1) Perimeter. Buildings will be set back a minimum of 20 feet
from all exterior property boundaries unless the Planning
Commission finds that a lesser setback is appropriate, based on site-
specific design.
06-96 30.16.020134e(2)
(2) No building, except as provided hereafter, shall be closer
than five (5) feet from any interior vehicular or pedestrian way,
court, plaza. open parking lot or any other surfaced area reserved for
public use or for the use in common by residents of the planned
development. Such setback shall be generally measured from the
nearest edge of a surfaced area: provided however. that where no
sidewalk exists in conjunction with a public or private street, such
setback shall be measured from the nearest edge of the street right-
of-way or private road easement.
(3) Between Buildings. A minimum of 10 feet shall be provided
between all single-story buildings (except minor accessory structures
as defined in this Chapter) located on the same lot.
(4) Setback for Garages having straight-in access from a public
or private street. There shall be a minimum setback of twenty (20)
feet from a garage to the nearest edge of a sidewalk, or where no
sidewalk exists, the easement or right-of-way edge of a private or
public street. The setback may be reduced to five feet provided that
the width of the street or private driveway is adequate to
accommodate parking on one side. Garages directly facing a street
or driveway having less than the twenty foot setback shall be
equipped with an automatic garage door opener.
(5) All other minimum setback requirements (except for bluff
setbacks and setbacks from environmental resources) may be
determined by the Planning Commission as part of the conditional
use permit approval for a PRD.
f. Prior to approval of a PRD, the applicant shall submit plans
illustrating the proposed building envelopes on individual lots.
5. Open Space. A PRD shall contain developed and undeveloped open space
areas. Developed open space areas are intended to provide recreational facilities for
either the common use and enjoyment of the residents and guests of the PRD or
public use. while undeveloped open space is intended to preserve the site's natural
features. Land occupied by buildings. streets. driveways, vehicle parking spaces
and/or storage. and trash and recycling storage may not be counted toward meeting
this requirement. (Ord. 2003-10).
a. Amount of Required Open Space. A minimum of 40% of the site
area shall consist of open space for all portions of a PRD.
02-05 30.16.020B5b
b. Developed (Recreational) Open Space. From the required open
space as determined in (a) above, developed open space shall be provided at
a minimum ratio of three hundred sixty-five (365) square feet for each single
family unit, and two hundred sixty (260) square feet for each multi-family
unit. This requirement may be satisfied with active and/or passive
recreational facilities including, but not limited to the following: spas,
saunas, swimming pools, cabanas, recreation rooms. ball courts, athletic
fields, barbecue areas. "tot lots", and flat grassy play areas with an average
slope of less than fifteen (I5) percent.
As provided in Section 23.98.050(E). the developed (recreational) open
space may be credited toward the City requirements for park land dedication.
C. Undeveloped Open Space. The remainder of the required open
space may be either improved or left in its native state to preserve significant
natural features such as steep slopes, sensitive biological habitat, rock
outcroppings, water courses, drainage areas, and the like. Areas devoted to
natural or improved flood control channels and those areas encumbered by
flood control or drainage easements, as well as riding and hiking trails
designated on a community or sub-regional plan map, may be counted
toward satisfying this portion of the open space requirement.
That portion of the required open space the City deems worthy of preserving
in its native state shall be protected by a recorded open space easement (or
other instrument satisfactory to the City) to which the City is a part. (Ord.
2003-10).
d. To increase its functionality, open space areas shall have a minimum
dimension of at least ten (10) feet in width. and should be linked together to
the extent feasible.
e. All parts of the required developed (recreational) open space shall be
reserved for use in common by the residents and guests of the PRD.
Alternatively, an applicant may elect to dedicate the open space to the City
for public use, if such dedication is acceptable to the City. Areas designated
for permanent open space shall be reserved for the use and enjoyment of the
residents and their guests in a manner which makes the City a part to and
entitled to enforce the reservation. If the developed open space is dedicated
to the City for public use, adequate provisions for public use shall be made
to the satisfaction of the Planning and Building Department and Parks
Department. This is not to exclude public use of riding and hiking trails
located within undeveloped open space as identified in subsection 5c above.
(Ord. 2003-10).
02-05 30.16.02013517
f Phasing. If the PRD is to be developed in phases, the PRD plan shall
coordinate improvement of the open space, construction of buildings, and
other improvements so that each development stage achieves a proportionate
share of the total open space and recreational amenities.
6. Street Improvements. All public streets within or abutting the proposed
planned development shall be dedicated and improved to City specifications for the
particular classification of street. When the developer desires to retain any private
streets within the development. such streets and their maintenance shall conform to
the applicable provisions of Municipal Code Chapter 24.29, and shall be consistent
with the private road standards as adopted by the City Council.
7. Parking and Recreational Vehicle Storage. Recreational vehicle storage
facilities are not required. However, all open parking areas and any provided
storage facilities shall be adequately screened with landscaping from nearby
residences within the development, residentially-zoned properties adjacent to the
development boundaries, and any significant public views into the project. Parking
spaces reserved for the storage of recreational vehicles or equipment shall not be
counted toward fulfilling the development's minimum parking requirement.
8. The minimum lot size. design, setback (except for bluff setbacks and setbacks
from environmental resources) and coverage standards for residential zones may be
modified or reduced through a PRD project to allow for smaller lots, including
individual "postage-stamp" lots with individual attached dwelling units.
9. In planned residential developments, the need for trash receptacle areas and
adequate areas for collecting and loading recyclable materials will be evaluated on a
case by case basis. if it is determined that a development project must provide the
aforementioned areas, trash enclosures and adequate areas for collecting and loading
recyclable materials must be architecturally compatible with the development,
screened from view of the roadway and convenient to all dwelling units within the
project. (Ord. 93-14) y
C. DENSITY BONUSES PURSUANT TO GOVERNMENT CODE SECTION
65915. When a developer of residential units agrees to construct any one of the types of residential
projects described in Government Code Section 65915(b), and which complies with all standards
set forth in Government Code Section 65915. the Citv shall grant a density increase of 25 percent
over the otherwise maximum allowable residential density, under the applicable zoning ordinance
and land use element of the general plan and one other concession or incentive in accordance with
Section 65915 of the Government Code and all of the following: (Ord. 95-04)
06-95 30.16.020C 1
1. Approval of a density bonus and any other regulatory concession(s) shall be
obtained through a MUP application. In the coastal zone, approval of a coastal
development permit shall also be required. (Ord. 95-04)
2. Vero low, lower income, and housing units reserved for qualifying residents
as defined by Civil Code Section 51.2 shall be maintained for a minimum of thirty
(30) years through execution and recordation of a covenant between the developer
(property owner) and the City.
3. In lieu of a density bonus and other concessions. the City may instead
provide other incentives of equivalent financial value based upon the land cost per
dwelling unit, provided they are not inconsistent with the policies and development
standards of the certified Local Coastal Program. (Ord. 95-04)
4. In the coastal zone, the density bonus shall be calculated based on the
otherwise maximum allowable residential density under the applicable zoning
ordinance and land use element of the general plan. The otherwise maximum
allowable residential density shall mean the maximum potential density modified by
applying all site-specific environmental development constraints identified within
the coastal zoning ordinances and land use element certified by the Coastal
Commission. The density bonus shall be applicable to housing developments
consisting of five or more units. (Ord. 95-04)
5. In the coastal zone, am, housing development approved pursuant to
Government Code Section 65915 shall be consistent, to the maximum extent
feasible and in a manner most protective of coastal resources. Nwith all otherwise
applicable certified Local Coastal Program policies and development standards.
Approval of development proposed under this Section shall require a finding that
the development, if it had been proposed without the 25 percent density increase.
would have been fully consistent with the policies and development standards of the
certified Local Coastal Program. In cases where a 25 percent density increase is
granted pursuant to Government Code Section 65915 and results in development
inconsistent with otherwise applicable certified Local Coastal Program policies and
development standards, such as height, parking, and setback requirements, the relief
granted from such standards shall be considered an additional incentive under
Government Code Section 65915 (h). (Ord. 95-04)
06-95 30.16.02006
6. A qualifying housing development shall receive one of the incentives
identified in Government Code Section 65915(h) in addition to a 25 percent density
bonus unless it is found that the additional incentive is not required in order to
provide for affordable housing costs or rents. In the coastal zone. any incentives
must be consistent. to the maximum extent feasible and in a manner most protective
of coastal resources, with all certified Local Coastal Program policies and standards
otherwise applicable to development not subject to Government Code Section
65915. In choosing between incentives, priority shall be given to those incentives
most protective of coastal resources so as to avoid any development within or
adjacent to wetlands or other environmentally sensitive areas or any development
within or adjacent to geologic hazard areas, or any development which would result
in any significant adverse impacts on coastal access and recreation. (Ord. 95-04)
7. The City may prepare an LCP amendment for certification by the Coastal
Commission that would include maps identifying areas within the City where
density bonuses in excess of 25 percent may be permitted based on a finding that no
adverse impacts on coastal resources would result. (Ord. 95-04)
04-10 30.16.030
30.16.030. MOBILE HOME PARK ZONE (MHP).
A. The provisions of this Section. inclusive, shall be known as the Mobilehome
(Manufactured Home) Regulations. The purpose of these provisions are:
1. To supplement the zone regulations applied to mobilehomes with
additional standards and procedures which will promote a satisfactory living
environment for residents of mobilehomes and will permit a mix of
mobilehomes and other types of housing within the county.
2. To better facilitate utilization of mobilehomes as a housine resource.
3. To permit greater diversity in the types of mobilehome parks.
B. Application. The provisions of this Section. inclusive. shall be known as the
Standard Mobilehome Park Regulations. These provisions shall apply to all uses
classified in the Mobilehome Residential Use Type.
C. Use Permit Required. A standard mobilehome park may be authorized
where permitted by the use regulations upon the issuance of a major use permit as
provided by the Use Permit Procedure.
D. Pre-Application Conference. Prior to submitting an application for a use
permit for a mobilehome park, a prospective applicant should consult with the
Community Development Department to obtain information and to inform the
Department of the applicant's intentions. If requested by the applicant, the
Department will schedule a conference to be attended by the applicant and
representatives of the various City departments, and other agencies as the
Department consider necessary. Such a conference shall provide an opportunity to
review the applicant's intended plan, and identify potential requirements or subjects
requiring particular attention prior to the applicant entering into binding
commitments or incurring substantial expense in preparing plans, surveys, and other
data. The applicant shall provide a map showing the proposed mobilehome park
site. existing topography, adjoining road rights-of-way, and public access.
04-10 30.16.030.E
E. General Standards: Standard Mobile Parks.
I. Minimum Area. A standard mobilehome park shall be not less than
5 acres in area.
2. Density. A standard mobilehome park shall conform to the
applicable Density Regulations.
3. Reclassification. Prior to final construction approval for any new or
expanded standard mobilehome park, the owner shall obtain a zone
reclassification to a MHP zone. Such reclassification requirement may be
waived by the Director when a tentative subdivision map is filed.
Concurrently with the related use permit appreciation.
4. Factory-Built Housing. Factory-built housing shall be attached to a
permanent foundation system and conform to all other requirements of
Section 18611 of the Health and Safety Code.
F. General Development Criteria: Standard Mobilehome Parks.
1. Compatibility with Adjacent Land Uses. The standard mobilehome
park shall be designed and developed in a manner compatible with and
complementary to existing and potential residential development in the
immediate vicinity of the project site. Site planning on the perimeter shall
give consideration to protection of the property and its residents from
adverse surrounding influences, as well as protection of the surrounding
areas from potentially adverse influences within the development. A
mobilehome park shall relate harmoniously to the topography of its site,
make suitable provision for reservation of water courses, wooded areas,
rough terrain, and similar natural features and areas, and shall otherwise be
so designed as to use such natural features and amenities to best advantage.
2. Setback: Perimeter. Mobilehome and building within a standard
mobilehome park shall maintain the following setbacks.
04-10 30.16.030.F2(a)
(a) A side yard and rear yard setback of at least 15 feet from the
exterior boundary of the mobilehome park.
(b) A setback of 50 feet from the centerline of any street alone
the exterior boundary of the mobilehome park, except that when
such street has a right-of-way greater than 60 feet, a setback of 20
feet shall be maintained from the nearest edge of the street right-of-
way.
3. Setbacks: No recreational area or facility specified in the major use
permit as being intended for the use of more than one family shall be
permitted within 100 feet of an external boundary which adjoins, or is
separated only by a boundary street from land in any residential zone:
provided, however. that where permanent intervening open space at least
100 feet in width exists on adjacent property, this restriction may be
modified.
4. Open Space. At least one substantial area of group usable open
space shall be provided. Such area shall:
(a) Be of such size and shape that each side of the rectangle
inscribed within it is at least 100 feet in length.
(b) Include outdoor recreational facilities for both active and
passive recreation.
5. Recreational Facilities. Completely enclosed indoor recreation
facilities shall be provided and shall consist of not less than 10 square feet
for each dwelling unit. Outdoor recreational facilities shall provide for both
active and passive recreation. This recreation area shall be landscaped,
improved and maintained.
6. Interior Access Drives. Interior private access drives shall be paved
with at least 2 inches of asphaltic concrete to a width of not less than 25 feet.
All comers shall have a minimum 25 foot radius.
04-10 30.16.060.F7
7. Storage Area. Common storage areas shall be provided with an
enclosed fenced area for the residents of the mobilehome park for the
storage of recreational vehicles, trailers, travel trailers, and other licensed or
unlicensed vehicles. This area shall total not less than 50 square feet for
each mobilehome lot. All storage on a mobilehome lot shall be in
accordance with the provisions of Title 25 of the California Administrative
Code.
8. Sewer and Water. Each mobilehome lot in a mobilehome park shall
be provided with water and sewer connections in accordance with Title 25
of the California Administrative Code. Water shall be provided by a water
supplier having a valid permit from the California Department of Health or
the Department of Health Services. Public sewers shall be provided by a
public agency which has obtained discharge requirements approved by the
appropriate California Water Quality Control Board. Individual sewer
disposal systems shall be approved by the Department of Health Services.
9. Undergrounding. All sewer and water facilities; electric, gas,
telephone, and television signal distribution systems shall be placed
underground.
10. Antennas. A master antenna television (MATV) system shall be
provided with underground cable service to at least all mobilehome and
other buildings containing dwelling units. This MATV system shall be
provided at no charge for service. This requirement may be met by the
provision of an underground cable television (CATV) system by a county-
licensed CATV operator. No other television antennas shall be permitted
unless authorized by the major use permit.
11. Fire Protection. On and off-site fire hydrants and other fire
protection facilities shall be installed as specified in the major use permit
and shall be of a type approved by the Chief of the local fire protection
district.
12. Night Lighting. Artificial light shall be provided and maintained for
walks, driveways, parking areas, and other facilities as specified in Title 25
of the California Administrative Code. to assure safe and convenient
nighttime use.
04-10 30.16.030.17 13
13. Street Access. Each mobilehome park shall have direct vehicular
access from a publicly maintained street. This requirement does not apply to
the expansion of an existing mobilehome park when adequate access is
obtained through the existing portion of the mobilehome park.
G. Mobilehome Lot Development Criteria: Standard Mobilehome Parks. For
purposes of Mobilehome Lot Development Criteria as used in this section.
mobilehome shall also include factory-built housing as defined in Section 19971 of
the Health and Safety Code.
I. Density of Occupation. Each mobilehome lot shall be designed to be
occupied by one mobilehome and uses thereto.
2. Lot Size. Each mobilehome shall have the minimum size indicated below
based on its occupancy.
Occupancy Minimum Lot Size
(Excluding interior access drives)
A mobilehome not more than 14' 1,850 square feet
in width containine I dwelling
unit
A mobilehome more than 14' in 3.000 square feet
width containing I dwelling unit per dwelling unit
3. Coverage. Not more than 75 percent of the area of a mobilehome lot
shall be covered by the mobilehome and its accessory structures.
4. Setback from Interior Access Drive. Each mobilehome lot shall have
a front yard setback of not less than 5 feet extending the entire width
of the mobilehome lot. A front yard will be measured from the
nearest element of the mobilehome or anv mobilehome accessory
structure to the closest edge of the interior access drive.
04-10 30.16.030.G5
5. Side Yard Setback. Each mobilehome lot shall have a side yard in
accordance with Title 25 of the California Administrative Code of not less
than 3 feet in width alone the entire length of the mobilehome lot. A
mobilehome lot containing a mobilehome having a height of more than one
story shall Have a side vard of not less than 5 feet in width along the entire
length of the mobilehome lot.
6. Rear Yard Setback. Each mobilehome lot shall have a rear yard in
accordance with Title 25 of the California Administrative Code of not less
than 3 feet and shall extend across the entire width of the mobilehome lot.
A mobilehome lot containing a mobilehome having a height of more than
one stop, shall have a rear yard of not less than 5 feet along the entire width
of the mobilehome lot.
7. Access. All mobilehome lots and recreation facilities shall have
access only from an interior access drive.
8. Homes on a Permanent Foundation. No dwelling unit shall be
placed on a permanent foundation in a mobilehome park where tenants rent
or lease spaces to accommodate their individually owned units. These
provisions shall not apply to subdivided parks where the dwelling units are
not owned by the tenants or to parks where the minimum term of lease for a
space is 55 years.
9. Number of Dwelling Units to be Specified. Each lot in a
mobilehome park shall be designated on the plot plan of the related use
permit and shall speciA,the number of dwelling units permitted.
H. Modification of Requirements. Modification of the development criteria
subsections F and G may be granted by the approving authority when it determines
that such modification would not be detrimental to the subject development,
adjacent properties and residents, the public interest, or the General Plan. No
modification shall be granted from any requirements specified in Title 25 of the
California Administrative Code which are not subject to local modification.
04-10 30.16.030.1
I. Accessory Uses and Structures Permitted. The following accessory uses and
structures may be permitted in mobilehome parks provided that they conform to the
requirements of Title 25 of the California Administrative Code:
1. Convenience Structures. Awnings; portable, demountable. or
permanent cabanas: storage cabinets and buildings: fences or windbreaks;
carports; garages or porches: greenhouses; lathhouses: and other accesson•
structures permitted by Title 25 of the California Administrative Code.
2. Recreational Facilities. Parks. playgrounds, riding and hiking trails,
golf courses, lakes. stables and riding rings, recreational buildings,
clubhouses. communiry centers. and similar uses and facilities: provided that
all such uses and facilities are designed for and limited to use by residents of
the mobilehome park and their guests. and that such uses and facilities are
not authorized on the individual mobilehome lots.
J. SUBDIVISION OF EXISTING MOBILEHOME PARKS, ADDITIONAL
REQUIREMENTS. A standard mobilehome park may be subdivided in accordance
with the applicable provisions of City's Municipal Code relating to subdivisions and
shall also comply with the following additional requirements.
I. Parks Established by Use Permit. Prior to approval of a Final Map
for a standard mobilehome park, the owner shall apply for modification of
the related use permit to add a condition to require reservation and
maintenance of all common areas for common use and enjoyment of the
residents in a manner which makes the City or a public district or a public
agency a party to an entitled to enforce the reservation. Such reservation
shall include arrangements, satisfactory to County Counsel, to assure
maintenance of all buildings, structures. streets and landscaping located
within said common areas.
2. Parks Established Without Use Permit. An existing mobilehome
park which was not established pursuant to the Mobilehome Park
Regulations may be subdivided only upon determination by the Director that
such mobilehome park was legally established in accordance with the
Nonconformity Regulations.
In addition, prior to approval of a Final Map for such mobilehome park, the
owner shall obtain a major use permit which includes a condition to require
reservation and maintenance of all common areas in the manner specified in
"a" above.
04-10 30.
16.030.13
3. All Existing Mobilehome Parks. All applications to subdivide an
existing mobilehome park shall be accompanied by the following additional
information and/or documents.
(a) The number of spaces within the existing park.
(b) A list of names and addresses of all tenants within the park
for use by the Department in giving notice.
(c) The date of manufacture and size of each mobilehome and
the current replacement value affected by the relocation. The
replacement value shall be determined in the same manner as used
by standard insurance replacement criteria.
(d) The estimated cost of relocation of each mobilehome
affected by the proposed change of use.
(e) The length of tenancy by each tenant.
(0 The estimated income, age and number of tenants affected by
the proposed change of use.
(g) The number of alternative sites available to the tenants
including written commitments from the owners of those parks to
accept the relocated units and tenants.
(h) A time table for vacating the existing park.
(i) A statement and concept plan indicating what use the park
site is intended to accommodate.
(j) Evidence satisfactory to the Director that mutually acceptable
agreements have been reached on the part of the park owner and all
tenants to vacate the park upon recording of a Final Map. Such
evidence may include. but is not limited to, the following:
i. Written agreements to relocate mobilehomes: and
ii. Assistance of low-and moderate-income tenants in
the form of payment by the park owner of 80%, up to a
maximum of $2.000. of the cost of relocating the
mobilehome to another mobilehome park within 100 miles.
04-10 30.16.030.J3(k)
(k) If such evidence specified in "10" above is not included in
the application for subdivision, then the Director shall recommend
reasonable conditions to mitigate any adverse impact on tenants of
the mobilehome park to the approving authority to be included as a
condition in the resolution of conditional approval for said
subdivision.
4. Notwithstanding the provisions of Subsection C. above, a park
owner who elects to give a 5-year notice to subdivide may file a tentative
map if evidence is provided that the following provisions will be completed
before approval of the tentative map:
(a) The mobilehome park owner shall provide evidence that a
notice to vacate pursuant to Section 79856(f) of the Civil Code has
been issued. and
(b) Informed each tenant of the rent and location of a number of
available spaces equal to the number of occupied units to be
displaced, and
(c) Assisted each tenant in relocating the tenant's mobilehome to
any new space within 100 miles in accordance with the following
schedule:
IF TENANT VACATES PORTION OF EXPENSES UP TO A
BEFORE END OF PAID BY OWNER MAXIMUM OF
1 st vear 80% $2.000
2nd vear 60% 1.500
3rd year 40% 1.000
4th year 20% 500
5th vear -0- -0-
30.16.040 PACKING PLANT
A. Purpose. The provisions of this Section, inclusive, shall be known as the Packing
Plant Regulations. The purpose of this section is: (Ord. 94-11)
I. To allow existing greenhouse operations to operate as a packing plant for
fresh agricultural and horticultural products produced both on and off premises.
04-10 30.16.040.A2
2. To permit greater diversity for existing greenhouse structures.
3. Existing greenhouses shall mean those greenhouses legally existing on the
date of adoption of this section (DATE OF ADOPTION).
4. The provisions of this section shall apply when the use of the property for
packing of products exceeds 50% of the area and/or physical use of the premises
during a six month period of time.
B. Application. The provisions of this Section. inclusive. shall be known as the
Packing Plant Regulations. These provisions shall apply to existing greenhouses in
residential zones only.
C. Major Use Permit Required. An existing greenhouse operation that meets the
General Standards listed below may revise its use to operate a packing plant upon issuance
of a Major Use Permit. A Traffic Study prepared in conformance with traffic engineering
industry standards and an Environmental Initial Assessment (AEIS) to determine impacts as
required pursuant to the California Environmental Quality Act (CEQA) will be required
unless information is submitted which will support the finding that the project is exempt
from the requirement to prepare the traffic and/or environmental documents.
All required and/or applicable permits including. but not limited to the following, are to be
obtained: Building Permits, Fire Permits; Coastal Development Permits and Engineering
Permits.
D. General Standards (Applicable upon issuance of Major Use Permit):
I. Applicability. Existing greenhouse operations are permitted to
revise the use to packing of fresh agricultural and horticultural products.
These products can be produced either on or off premises. No other
products other than agricultural and horticultural and other prepackaged
customarily associated products may be packed or processed on the
premises.
2. Minimum Lot Size. The minimum lot size for a parcel containing
the packing plant operation is 2.5 acres. In the event that two or more
contieuous lots are needed to comply with the minimum lot size standard, it
will be necessary to process a lot consolidation application for development
purposes. At such time that the operation ceases to exist and all applicable
structures are removed from the premises, a request to rescind the lot
consolidation may be submitted to the City of Encinitas to return the lots to
the status prior to lot consolidation.
04-10 30.16.040.133
3. Location. The property is to be located on a Circulation Element Road or on
a property where the traffic impacts to the residential street would have similar or
less of an impact than a greenhouse operation, as shown by a complete traffic study
to be submitted at the time of application.
4. Density. The packing plant shall conform to the applicable density
regulations of the underlying zone if dwelling units are a part of the project.
5. Setbacks. The packing plant structures shall conform to the applicable
setbacks for the zone where the property is located. All other standards not
established in this section, including hours of operation, will be determined through
the \9ajor Use Permit.
6. Drainage Fees and Traffic Fees. Drainage fees and traffic fees will be
calculated pursuant to the current fee schedule. Drainage fees are based on all new
impervious surfaces: traffic fees are based on average daily trips, to the satisfaction
of the Director of Public Works.
7. Parking. The number of standard parking spaces required will be based on I
parking space per 300 square feet of gross floor area of the buildings unless a
parking study by a qualified traffic engineer indicates fewer parking spaces would
adequately handle the generated parking. No off-site parking will be counted
toward the total parking space requirement. Loading/unloading spaces (docks) are
to be located at the interior of the lot and screened from view of the neighbors.
8. On site circulation. Interior circulation shall be required to facilitate the ease
of vehicular movement without creating a disturbance to adjoining properties or
street systems.
E. Performance Standards
1. Noise. A noise study is required to provide evidence that the packing plant
noise levels do not exceed the noise levels for the particular zone where the property
is located. Heavy equipment and refrigeration machines are to be located in the
interior of the building as far away as possible from the walls nearest to the proper[-
lines to avoid noise intrusion upon the neighbors.
2. Lighting. All light sources shall be shielded in such a manner that the light
is directed away from streets or adjoining properties.
3. Screening. The packing plant is to be designed in such a way that it is
screened so as to not have a visual or noise impact on adjacent residential
neighborhoods.
Exhibit "H" to Ordinance 2014-12
03-94 30.46.010
CHAPTER 30.46
TEMPORARY USE REGULATIONS
30.46.010 Title and Purpose. The provisions of this Chapter, inclusive. shall be known as
the Temporary Use Regulations. The purpose of these regulations is to establish permitted
temporary uses and standards and conditions for regulating same.
_30.46.015 Definitions. For the Purpose of this Chapter the following definitions apply:
(Ord. 94-06)
A. "Exclusive use" means a use that precludes use in the area of the event for public
recreation. beach access or access to coastal waters other than for or through the event itself.
B. "Limited duration" means a period of time which does not exceed a two week
period on a continual basis, or does not exceed a consecutive four month period on an intermittent
basis.
C. "Nonpermanent structures" include, but are not limited to, bleachers, perimeter
fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment,
stages, platforms. etc., which do not involve grading or landform alteration for installation.
D. "Sandy beach area" includes publicly owned and privately owned sandy areas
fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public
trust interest.
E. "Temporary event(s)/use(s)" means an activity or use that constitutes development..
and is an activity or function of limited duration; and involves the placement of non-permanent
structures; and/or involves exclusive use of a sandy beach, parkland, filled tidelands, water. streets
or parking area which is not otherwise open and available for general public use.
30.46.020 Identification of Permitted Temporary Uses. The following temporary uses shall
be permitted as specified by these regulations:
A. Circus, Carnival. or Other Outdoor Entertainment Event. The temporary gathering
of people for a circus, carnival, or other outdoor entertainment event.
B. Antique or Art Show on Public Property. The temporary use of public property for
antique or art shows.
C. Religious Assembly. The temporary gathering of people for religious purposes.
03-94 30.46.020
D. Construction Support. Temporary building and structures supporting residential
development and major construction.
E. Reversible Uses of Future Highway Rights-of-Way. Temporary uses on land
required for a future County of State Highway.
F. Travel Trailer Park. The temporary operation of a travel trailer park.
G. Uses in New Subdivisions. Temporary uses in new subdivisions and other
residential developments which support the sale of dwellings and lots within the same subdivision
or residential development.
H. Use of Trailer Coach. Temporary use of a trailer coach for certain purposes.
30.46.030 Temporary Uses Subject to Controls. Temporary uses shall be subject to all
regulations as would be applied to a permanent principal or accessory use located in the same zone,
except as otherwise provided by these regulations.
30.46.035 Temporary Uses Exempt from Coastal Development Permit Requirements.
(Ord. 94-06)
A. The Director shall exempt from the coastal development permit requirements of this
Title all temporary uses which satisfy the definition of "temporary event(s)/use(s)" under this
Chapter, except those which meet all of the following requirements:
1. Are held between Memorial Day weekend and Labor Day:
2. Occupy all or portion of sandy beach area; and
3. Involve a charge for general public admission or seating where no fee is
currently charged for use of the same area(not including booth or entry fees).
B. The Director may also exempt from coastal development permit requirements,
temporary events meeting all of the criteria of paragraph A of this Section when:
I. The fee is for preferred seating only and more than 75% of the provided
seating capacity is available free of charge for general public use: or
2. The use is located on sandy beach in a remote location with minimal
demand for public use, and there is no potential for adverse effect on sensitive
coastal resources: or
03-94 30.46.035
3. The use is less than one day in duration: or.
4. The use has previously received a coastal development permit and will be
held in the same location, at a similar season. and for the same duration, with
operating and environmental conditions substantially the same as those associated
with the previously approved uses.
C. The Director may determine that a temporary use shall be subject to coastal
development permit issuance, even if the criteria for exemption under paragraph A or B of this
Section are met, if the Director determines that unique or changing circumstances exist relative to a
particular temporary use that have the potential for significant adverse impacts on coastal resources.
Such circumstances may include the following:
I. The event, either individually or together with temporary uses scheduled
before or after the particular use, precludes the general public from use of a public
recreational area for a significant period of time:
I The event and its associated activities or access requirements will either
directly or indirectly impact environmentally sensitive habitat areas, rare or
endangered species, significant scenic resources, or other coastal resources:
3. The event is scheduled between Memorial Day weekend and Labor Day and
would restrict public use of roadways or parking areas or otherwise significantly
impact public use or access to coastal waters:
4. The event has historically required a coastal development permit to address
and monitor associated impacts to coastal resources.
30.46.040 Circus. Carnival. or Other Outdoor Entertainment Event. Temporary gathering
of people for a circus, carnival, or other outdoor entertainment event, including the temporary use
of a trailer coach as a business office incidental to and located on the same site as said event, may
be permitted pursuant to the Municipal Code. (Ord. 94-06)
A. Location. A circus. carnival or other outdoor entertainment event may be permitted
in any zone except residential zones.
B. Duration. The period of operation of the circus, carnival or other outdoor
entertainment event shall not exceed 5 days.
03-94 30.46.040
C. Coastal Development Permit. A circus, carnival or other outdoor entertainment
event is exempt from coastal development permit requirements unless it meets any of the criteria in
Section 30.46.035 of this Chapter requiring such permit. (Ord. 94-06)
30.46.050 Antique or Art Show on Public Property. The temporary gathering of people for
an antique or art show and sales event may be permitted in compliance with the following
provisions:
A. Location. An antique or art show and sales event may be permitted in any zone
provided such event is held on property owned by or under the control of a public agency and
which is held pursuant to the Municipal Code. As used in this section, "public agency" includes
counties, cities, municipal corporations, political subdivisions, public districts and other public
agencies of the State of California.
B. Duration. The period of operation of the antique or art show and sales event shall
not exceed 3 days.
C. Coastal Development Permit. The temporary gathering of people for an antique or
art show and sales event is exempt from coastal development permit requirements unless it meets
any of the criteria in Section 30.46.035 of this Chapter requiring such permit. (Ord. 94-06)
30.46.060 Religious Assembh. The temporary gathering of people for religious purposes
may be permitted in compliance with the following provisions:
A. Location. A religious assembly may be permitted in any zone except zones subject
to the Residential Zones use regulations.
B. Duration. The period of operation of the religious assembly shall not exceed 8 days.
C. Coastal Development Permit. The temporary gathering of people for religious
purpose is exempt from coastal development permit requirements unless it meets any of the criteria
in Section 30.46.035 of this Chapter requiring such permit. (Ord. 94-06)
30.46.070 Construction Support. Temporary buildings for commerce or industry incidental
to residential development, and temporary structures for the housing of tools, equipment, building
assembly operations and supervisory offices in connection with major construction projects shall be
permitted in any zone: provided such temporary buildings or structures are located within or
adjacent to the development or construction site to which they are incidental.
07-95 30.46.070
The Coastal Development permit requirements of this Title for temporary buildings or
structures shall be satisfied by the coastal permits issued in conjunction with the approval of said
residential development or major construction project. (Ord. 94-06)
30.46.080 Reversible Uses on Future Hiehwav Rights-of-Way. Any temporary use, not
involving any significant investment in buildings or structures, may be permitted through the
issuance of a major use permit on a lot or parcel of land provided the Director of Public Works or
the District Director of the California Department of Transportation has determined that said lot or
parcel will be required in its entirety at some future date for a City street or a State Highway. (Ord.
94-06)
Any such use is exempt from the coastal development permit requirements of this Title if it
meets the definition of a "temporary event/use" under this Chapter, unless it meets the criteria in
Section 30.46.035 of this Chapter requiring such permit. (Ord. 94-06)
30.46.090 Travel Trailer Park. The temporary operation of a travel trailer park may be
permitted by the Director through the issuance of a minor use permit in compliance with the
following provisions:
A. Location. A travel trailer park may be permitted in any nonresidential zone.
B. Duration. The period of operation of the travel trailer park shall not exceed 10 days.
C. Noticed Hearing Not Required. The Director may issue a permit pursuant to this
Section with notice as provided by the Design Review regulations.
D. Coastal Development Permit. The temporary operation of a travel trailer is exempt
from coastal development permit requirements unless it meets any of the criteria in section
30.46.035 of this Chapter requiring such permit. (Ord. 94-06)
30.46.100 Uses in New Subdivisions. Upon the review and approval of a site plan by the
Director in accordance with Design Review procedures of this Code and the provisions of this
section, certain temporary uses as specified herein may be established within a subdivision for
which a final map has been recorded, or in a proposed subdivision for which a tentative map has
been approved by the authorized approval authority or on *appeal to the City Council and a final
map thereof filed for approval by the Director of Public Works; or in conjunction with an individual
multiple dwelling or multiple dwelling complex: solely for the marketing of dwellings, and/or lots,
in the same residential development. (Ord. 94-06) *(See Chapter 1.12.010).
07-95 30.46.100
A. Permitted Uses. The following temporary uses may be permitted in conformance
with the following standards:
I. \9odel homes in a number not to exceed that necessary to provide on
example of each dwelling type being offered in the residential development.
Reversed floor plans and exterior facade variations will not be considered as
separate dwelling types. Each model home shall be erected on an individual site
which conforms to a lot shown on the recorded final map or on the final map filed
for approval with Director of Public Works; meet all setback requirements of the
applicable zone or. in the case of provisional reclassification. of the zone to which
the property has been provisionally reclassified; and qualify in all respects for sale
and residential occupancy upon termination of its use as a model home.
(Ord. 94-06)
2. Real estate sales office facilities for the purpose of promoting the sale or
rental of dwellings and/or lots. which are located only within the same residential
development or proposed subdivision. The foregoing provisions of this section
notwithstanding, a temporary real estate sales office facility may be located adjacent
to the residential development to which it is incidental in compliance with all other
provisions of this section.
3. Off-street parking facilities.
4. Children's play areas, landscaping and landscape features such as walkways.
pools, benches, walls, fencing, and similar appurtenant features of a noncommercial
nature.
B. Site Plan Review Criteria. No use authorized by this section will be located,
installed or operated in a manner that will have an unnecessarily adverse effect on the use and
enjoyment of any property on which an occupied dwelling is located, or may be located during the
duration of such authorized use.
C. Site Plan Content. The site plan shall contain such maps and drawings as are
necessary to show the location of the above temporary uses and their relation to off-street parking,
vehicular and pedestrian access. and the surrounding area.
D. Building Permits. Prior to the issuance of building permits for the temporary uses in
"a" above, the following conditions shall be met:
03-94 30.46.100
I. When the residential development for which such temporary uses are to be
constructed would constitute a subdivision, a tentative subdivision map must be
approved by the authorized agency, and the final map thereof recorded; or if a final
map has not been recorded. a final map must be filed with the Director of Public
Works for approval and approved by said Director as to conformance to the
tentative subdivision map and mathematical accuracy. (Ord. 94-06)
2. Appropriate zoning must be in effect for the property encompassed by the
subdivision or proposed subdivision or other residential development, to
accommodate the lot sizes shown on the final map and the proposed uses thereof:
provided, however. that where subject property has been provisionally reclassified.
lot sizes and proposed uses may conform to the zone to which such property has
been provisionally reclassified.
3. The site plan must be submitted to an approved by the Director.
4. Necessary sanitary facilities must be provided as required by the County of
San Diego's Director of Public Health. (Ord. 94-06)
5. The property owners shall execute and file with the City an acknowledged
agreement (notarized) assuming all risks inherent in construction prior to
recordation of a final map and agreeing to abide by all conditions set forth in this
Section prior to the sale of any model home: further agreeing that all temporary uses
permitted by this section shall be terminated not later than 30 months after issuance
of building permits therefor, unless a written request for extension of time has been
submitted to and approved by the Director prior to the expiration of said 30 months,
and within 30 days of the expiration of said 30 months or extension thereof. all
temporary uses and related improvements other than model homes, shall be
completely removed from the premises and all model homes shall be restored to a
condition suitable for sale for residential occupancy, including reconversion of an}'
garage to a condition suitable for the storage of private vehicles or the provision by
other means of required off-street parking spaces.
In the case where the final subdivision map has not been recorded. the
property owner shall further agree that in the event of a final map which includes the
property whereon uses authorized by this section are
03-94 30.46.100
located is not recorded prior to expiration of the tentative map; all uses and related
improvements. including model homes. shall be completely removed from the
premises and the site restored to a clean and safe conditions within 90 days from the
date of expiration of the tentative map. Each agreement shall also contain a
statement signed by the property owner agreeing that if
all uses and related improvements are not removed as herein required, they may be
removed or demolished, and the site restored by the City. Prior to the erection of
any model home, the property owner shall post with the Director Security in an
amount satisfactory to the Director sufficient to defray any expense incurred by the
Citv in either the restoration or conversion of the model homes to a condition
suitable for sale for residential occupancy, or in the complete removal or demolition
of said uses and improvements and site restoration. The security shall be released to
the property owner or person legally entitled thereto upon satisfactory removal or
conversion of the concerned facilities.
E. Coastal Development Permit. Temporary uses in a new subdivision as provided in
this Section are not exempt from the coastal development permit requirements of this Title. Said
coastal permit requirements shall be satisfied, either in conjunction with the issuance of a coastal
development permit for said subdivision, or subsequently in a separate coastal permit processed
pursuant to this Title. (Ord. 94-06)
30.46.1 10 Use of a Trailer Coach. The temporary use of a trailer coach for the following
purposes may be permitted in compliance with the following conditions:
A. Business Uses.
I. Business office for a financial institution or public utility which is required,
as a condition of a franchise granted by the United States. the State or a public
agency, to maintain a place of business at a location at which no permanent structure
suitable for the purpose is available.
2. Business office incidental to and located on a site on which a temporary
Christmas tree sales or similar temporary or seasonal business is being lawfully
conducted. (Ord. 94-06)
3. Business office or sales facility on or adjacent to a site on which
construction of a permanent business office or sales facility- for use of the permittee
is being diligently prosecuted.
03-94 30.46.110
4. Construction office on or adjacent to any site on which a building or
construction project is being diligently prosecuted: or for temporary,offices on a site
used for a borrow pit. quarry, asphalt paying plant, concrete batch plant, or mining
operation for which a major use permit has been granted.
5. Mobilehome financial business office, self-propelled and self-contained
upon issuance of a minor use permit by the Director. Such minor use permit ma}'
be issued for a period not to exceed 5 years when authorized by a
regulatory agency of the United States or the State of California. Said office shall
not operate more than 3 days in any one week, shall not be stored on the subject
property when not in use, and, when in use, may operate from an enclosed structure
meeting the requirements of the City Building Code. A minor use permit may be
issued for this use only in a zone in which a bank or other financial institution is a
permitted use. A use permit granted pursuant to this section or its predecessor shall
be deemed to be a minor use permit and may be modified or revoked pursuant to
the Administrative Design Review Permit Procedure.
6. Political campaign office located on private property for a period not to
exceed one year provided, however, such trailer shall be removed within 15 days
following the next general election held after such trailer is sited.
7. Real estate sales office when the trailer coach is located on a lot or parcel of
land adjacent to or within a proposed subdivision for which a tentative map has been
approved and a final map thereof submitted to the Department of Public Works for
checking to which such real estate office is incidental. Such permit may be issued to
expire six months after completion of all sales but not exceed a period of three
years.
8. Business office associated with the production And distribution of
agricultural or horticultural products grown on the premises in all zones upon
issuance of a minor use permit for a period of not to exceed five years.
9. Government service uses in accordance with this Chapter.
11-97 30.46.1 10
i
B. Residential Uses
I. Dwelling to accommodate visiting relatives for a period not to exceed thirty
(30) calendar days in any calendar year on land owned or leased by the host and on
which there is located a permanent dwelling occupied by the host.
2. Dwelling on land owned by the applicant on which the applicant is diligently
pursuing construction of the first permanent dwelling.
3. A dwelling for temporary health care on a lot where there is a permanent
single family dwelling is permitted upon approval of a minor use permit. This
trailer is exclusively for temporary occupancy by. a) providers of health services
which are required by an occupant of the main dwelling, or b) by a relative of an
occupant of the main dwelling who requires physical care.
Health care trailers are only intended as temporary housing until a
permanent housing arrangement can be provided such as a room addition or
accessory apartment addition to the primary residence. The following are
requirements for health care trailer approval:
a. The health care unit shall be a single wide-trailer or mobilehome not
exceeding 600 square feet.
b. The lot area shall be a minimum of 1/2 acre (net).
C. The trailer shall meet main building setbacks and shall be located no
further than 50 feet from the primary residence onsite. The Director may
approve a greater setback from the primary residence because of topography
or other natural features, or existing leach lines.
d. The trailer shall be connected to existing sanitation and electrical
systems onsite.
e. Prior to approval of a minor use permit a Certificate of Need signed
by a physician licensed to practice medicine in the State of California shall
be submitted to and approved by the Director. The Certificate shall be
renewed annually at the request of the Director upon presentation of doctor's
signed certificate.
03-94 30.46.110
f. Notice of health care trailer applications shall be given as provided
in this Code.
g. In order to insure removal of a health care trailer when the need no
longer exists the applicant shall furnish security in the form and amount
determined by the Director.
4. Dwelling for security personnel on or adjacent to any site on which
construction of a major residential, commercial. industrial or public works project is
being diligently prosecuted and for which security personnel are employed.
5. Dwelling for security personnel on any site on which construction of a
residential. commercial. industrial or public works project has been completed and
for which security personnel are employed pending construction of permanent
dwelling facilities for such security personnel.
6. Dwelling for security personnel on a site used for a borrow pit, quarry,
asphalt paving plant, rock rushing plant, concrete batch plant, or mining operation
for which a major use permit has been granted.
7. Dwelling for displaced residents or security personnel on a site where the
principal dwelling has been rendered unoccupiable by reason of disaster or accident
such as fire. wind. Flood, earthquake or other similar circumstance. Permits for such
temporary dwellings shall expire at such time as the principal dwelling has been
repaired or replaced, or upon expiration of the building permit. Permits for such
temporary dwelling shall expire one year after the event causing the damage or
destruction of the principal dwelling if no building permit has been issued for the
repair or replacement of such principal dwelling.
C. Termination of Use.
1. When use of a trailer coach is related to a use authorized by a minor use
permit, occupancy or use of the trailer coach shall terminate with the expiration,
abandonment or revocation of the related use permit and thereafter said trailer coach
shall be removed from subject property.
03-94 30.46.1 10
2. When use of a trailer coach is related to the construction of a related
permanent facility. occupancy or use of the trailer coach shall terminate u
P . . p Po n
completion of construction of the permanent facility and thereafter said trailer coach
shall be removed from subject property.
D. Compliance with Code. The use and occupancy of any trailer coach shall comply
with the provisions of this Code.
E. Coastal Development Permit. The temporary use of a trailer coach, for the purposes
described in this Section, is not exempt from the coastal development permit requirements of this
Title. Said requirements shall be satisfied, either in conjunction with the issuance of a coastal
development permit for the use which the temporary use of the trailer coach is proposed, or
subsequently through a separate coastal permit processed pursuant to this Title. (Ord. 94-06)
30.46.120 Government Service Uses. The temporary use of buildings on private land to
provide government service uses classified as Major Impact Services and Utilities may be permitted
through the issuance of a minor use permit in compliance with the following provisions:
A. Occupancy. The temporary occupancy of buildings for government service uses
shall be by the United States, the State or other governmental agency which is otherwise exempt
from regulation by the Zoning Ordinance when utilizing their own property.
B. Location. Government service uses may be permitted in zones subject to the GC. LI
or BP Commercial Use Regulations.
C. Duration. The period of operation of government service uses shall not exceed five
years.
D. Noticed Hearing and Findings Required. No minor use permit for temporary
government service uses may be issued unless notice has been given in accordance with the
provisions of this Code.
E. Coastal Development Permit. The temporary use of buildings on private land to
provide government service uses classified as \Major Impact Services and Utilities are not exempt
from the coastal development permit requirements of this Title. (Ord. 94-06)
04-10 30.46.130
30.46.130 Seasonal Sales Lot. The temporary sales of holiday season products,
such as holiday trees, pumpkins, and closely related agricultural and floracultural
products may be permitted in compliance with the following provisions: (Ord. 98-
1 1).
A. Location. A seasonal sales lot may be located on any property in a
commercial or residential zone which abuts a street, other than a "local
street", identified on the Circulation Element Map of the City of Encinitas
pursuant to a site plan approved by the Planning and Building Director and a
Seasonal Sales Solicitation Permit issued by the City Clerk. (Ord. 2003-08).
B. Duration. The period of operation of a seasonal sales lot shall not
exceed 45 days prior to the holiday. The property shall be cleared and
restored to its condition prior to the sales lot within 3 days after the holiday.
C. Coastal Development Permit. The temporary sales of holiday
products is exempt from Coastal Development Permit requirements if it
meets the definition of a "temporary event/use" under this Chapter, unless it
meets any of the criteria in Section 30.46.035 of this Chapter requiring such
permit.
D. Seasonal sales lots shall be maintained and operated in a manner
consistent with other sections of this Code, the City's Adopted Building
Code, the City's Adopted Fire Code, the City's Adopted Electric Code, and
the regulations of the Department of Health Services for the County of San
Diego.
E. Seasonal sales lots shall comply with Chapter 30.60 regarding any
on-site signage.
F. A temporary trailer or recreational vehicle may be allowed, for the
duration of the seasonal use, on the lot as an on-site security or sales office
with the appropriate building, fire and health permits.
Exhibit "I" to Ordinance 2014-12
07-95 30.48.010
CHAPTER 30.48
ACCESSORY USE REGULATIONS
30.48.010 Title and Purpose. The provisions of this Chapter shall be known as the
Accessory Use Regulations. The purpose of these provisions is to establish the relationship among
the principal and accessory uses and the criteria for regulating accessory uses.
30.48.020 Accessory Uses Encompassed by Principal Use. In addition to the principal uses
expressly included in the Use Regulations, each zone subject to such Use Regulations shall be
deemed to include such accessory uses which are specifically identified by these Accessory Use
Regulations: and such other accessory uses which are necessarily and customarily associated with.
and are appropriate, incidental and subordinate to, such principal uses. When provided by these
regulations, it shall be the responsibility of the Director to determine if a proposed accessory use is
necessarily and customarily associated with, and is appropriate, incidental. and subordinate to the
principal use. based on the Director's evaluation of the resemblance of the proposed accessory use
to those uses specifically identified as accessory to the principal uses and the relationship between
the proposed accessory use and the principal use. Such determinations which are made by the
Director shall be subject to the *Appeal Procedure of this Code. (*See Chapter 1.12.010 through
1.12.060).
30.48.030 Accessory Uses Subiect to Controls. Accessory uses shall be controlled in the
same manner as the principal uses within each zone, except as otherwise provided by these
regulations.
30.48.040 Residential and Agricultural Zones. Subject to the restrictions and limitations
specified, the following accessory buildings and uses shall be permitted in zones where Residential
and Agricultural Use Types are permitted:
A. Private Garages, Attached.
I. Total area not to exceed 1,000 square feet or 50% of living area of the
principal residence. whichever is less. A garage area of 480 square feet is permitted
regardless of the living area of the principal residence.
2. May be two stories if second floor is an integral part of principal residence
or/approved accessory apartment, guest house, accessory living quarters, or farm
employee housing.
3. Additional area may be permitted by issuance of a minor use permit.
03-07 30.48.0406
B. Private Garages. Detached.
I. The total area of a detached garage shall not exceed 1,000 square feet or
50% of the living area of the principal residence, whichever is less. A detached
garage area of 480 square feet is permitted regardless of the living area of the
principal residence. (Ord. 2006-06)
2. When located within the side yard or rear yard setback in accordance with
Section 30.16.01OE of this Title, detached garages shall be limited to one (1) story
and shall not exceed 12 feet maximum height, except that roofs pitched not less than
3:12 may extend an additional 2 ft. to a maximum 14 feet to peak of roof. Detached
garages that comply with the main building setbacks shall be limited to two (2)
stories and shall not exceed 24 feet maximum height.
3. Additional area, height and story, not to exceed the height and story limits
outlined for residential structures (see Section 30.16.010136 of this Title) may be
permitted by issuance of a minor use permit.
C. Children's Playhouses. Patios. Porches. Gazebos. etc.
(See Section 30.16.010 E for regulations). (Ord. 89-41)
D. Radio and Television Receiving Antennas, Dish Antennas, Flag Poles. (Ord. 90-08)
I. Radio Antennas shall have a maximum height of 100' and shall not be
subject to Design Review. Height increases above the 100' may be approved subject
to a ivIinor use Permit.
2. Television receiving antennas and Flag Poles shall be limited to a maximum
height of 30' for nonresidential zones and subject to the height standards for
residential zones. (Section 30.16.01066)
3. Satellite antennas shall meet the standards of Design Review regulations
identified in Section 23.08.090.
E. Greenhouses. In all Residential Use Zones, greenhouses are limited to 450 square
feet unless a minor use permit is approved to increase the size.
F. Silos, Windmills and Tank Houses. (Maximum height of 26 feet).
G. Detached Storage Buildings, Workshops. Hobby Shops, Recreation Rooms and
other similar uses(non business or non agricultural purposes).
04-10 30.48.040G 1
1. Area for any one detached building is not to exceed 450 square feet. When
on the same lot as a detached private garage all uses, together, shall not exceed
1.200 square feet or 50% of the living area of the principal residence; whichever is
less.
2. When located within a required interior side or rear yard setback area in
accordance with Section 30.16.010E of this Title, detached structures shall be
limited to one story and shall not exceed 12 feet maximum height. Roofs pitched
not less than 3:12 may extend an additional 2 ft. to a maximum 14 feet, to peak of
roof. (Ord. 2006-06)
3. Detached accessory structures, other than those structures otherwise
regulated within this Chapter, that meet all of the required main building setbacks
and that do not project into any required setback area may have building height and
story as outlined for residential structures. (See Section 30.16.01066).
4. Additional area may be permitted by issuance of a minor use permit. When
located within or projecting into a required interior side or rear yard setback area.
additional height and story, to a maximum of the building height and story allowed
for residential structures (See Section 30.16.01066), may be permitted with the
issuance of a minor use permit.
H. Barns and Agricultural Storage Buildings shall be limited as follows:
1. In residential (except zones requiring one acre minimum), a maximum floor
area of 450 square feet and one story not to exceed 12 feet in height. When on same
lot as a detached private garage, workshop and/or storage building, all uses.
together, shall not exceed 1,200 square feet or 25%of the living area of the principal
residence. whichever is greater. In residential zones (requiring once acre minimum),
a maximum floor area of 1000 square feet where the lot is less than 2 acres. 2000
square feet where the lot is 2 to 5 acres, an additional 200 square feet is permitted
for each acre over 5 acres to a maximum of 5000 square feet. Two stories are
permitted if the structure meets the main building setbacks, provided the height does
not exceed 24 feet.
2. Additional area. height and story may be permitted by issuance of a minor
use permit., not to exceed the limits specified by the applicable regulations.
I. Offices. Offices in conjunction with agricultural, institutional or other
nonresidential use. Limited to one story and 12 feet maximum unless greater height is permitted b}'
a Minor Use Permit. (Ord. 89-41)
J. Coops.
03-07 30.48.040K
K. Guest House. A guest house is permitted only as follows: (Ord. 94-11)
I. In anv residential zone, one detached guest house is permitted on a lot or
building site which has an area of not less than 10,000 square feet. Guest houses are
not permitted in other zones.
2. The guest house shall have a maximum floor area of 640 square feet, and
shall meet the main building setbacks for the residential zone in which the site is
located. Guest houses exceeding 640 square feet are permitted upon issuance of a
minor use permit. A guest house maintaining building setbacks for detached
accessory structures, in conformance with Section 30.16.010E of the Municipal
Code, are permitted upon issuance of a minor use permit. A guest house which does
not meet setbacks for either main buildings or detached accessory structures is
prohibited unless findings for a variance pursuant to Chapter 30.78 are made and a
setback reduction variance is granted.
3. No kitchen facilities are allowed within the guest house.
4. The guest house shall only be occupied on a temporary basis (no more than
30 consecutive days) and shall not be rented or otherwise used as a separate
dwelling.
>. Prior to issuance of a building permit for a guest house the owner shall
submit a notarized recorded copy of an agreement between the owner and the City
of Encinitas on a form supplied by the Department of Community Development.
Said agreement shall state that the owner understands and declares that the guest
house is only to be occupied on a temporary basis (no more than 30 consecutive
days) and will not be rented or otherwise used as a separate dwelling. The
agreement shall also include provisions stating that the owner consents to inspection
of the premises by the code enforcement officer in order to verify the terms of the
agreement.
L. Home Occupations. Home occupations shall be permitted in compliance with the
following conditions:
I. There shall be no exterior evidence of the conduct of a home occupation out
of character with the normally appropriate appearance of the dwelling.
2. A home occupation shall be conducted entirely within a dwelling. or a
garage.
3. Electrical or mechanical equipment which creates visible or audible
interference in radio or television receivers or causes Fluctuations in line voltage
outside the dwelling unit shall be prohibited.
03-07 30.48.040L
4. Only the residents of the dwelling unit may be engaged in the home
occupation except by a temporary Minor Use permit.
5. There shall be no on-premise sale of goods not produced on the premises.
6. The establishment and conduct of a home occupation shall not change the
principal character or use of the dwelling unit involved.
7. There shall be no signs other than those permitted by this ordinance.
8. The required residential off-street parking shall be maintained.
9. A home occupation shall not create vehicular or pedestrian traffic in excess
of that which is normal for the zone in which it is located.
M. Dog and Cat Keeping. The keeping of dogs and cats. but not including kennels.
N. Roadside Sales of Agricultural Products. Operation of a stand, not to exceed an area
of 200 square feet, for the display and sale, by the occupant of the premises, of agricultural products
produced on the premises. Agricultural products produced off-site may be displayed and sold from
said stand. Said stand to be located not nearer than 15 feet to any street or highway, and provided
further that such stands shall be permitted only in those zones subject to a minor use permit.
O. Wild Animal Keeping. The keeping of not more than one wild animal for which a
wild animal permit is required and has been issued pursuant to this Code.
P. Earthworms. The raising of earthworms provided that:
1. No sales are advertised or made on the premises unless permitted by the use
regulations.
2. Odors and/or fly-breeding are not greater than customarily found at a well-
maintained residence.
Q. Retail Sales of Stable Gear. The retail sale of stable gear, provided that such sales
are incidental and subordinate to the use of conforming public stables or equestrian facilities on the
premises, and there is no exterior advertising of the accessory use. No such accessory use shall
occupy more than 10 percent (10%) or not to exceed 1,000 square feet, whichever is less, of the
total floor area of enclosed building permitted by right and devoted to such public stable or
equestrian facility. Where such public stables or equestrian facilities are permitted by use permit,
the total floor area of the accessory use shall be regulated by such permit.
04-10 30.48.040R
R. Farm Employee Housing. Farm employee housing is a permitted accessory use in
conjunction with a single detached dwelling or agricultural use upon issuance of a minor use permit
provided that: (Ord. 92-30)
1. The number of living units is reasonably related to the number of farm
employees required for agricultural operations on the parcel on which the farm
employee housing is located.
2. Farm employee housing is permitted at a minimum of one dwelling unit per
lot. This unit shall be treated as an accessory unit (Section 30.48.0401). Additional
housing units shall conform to the Density Standard.
3. Farm employee housing shall be occupied only by farm employees(and their
families) engaged in agricultural labor on the same parcel as the primary dwelling or
on other land owned or leased and farmed by the owner or employer, and shall not
be otherwise occupied or rented.
4. All farm employee housing in excess of the first unit shall be located within
a mobilehome. The authorized agency, upon making the findings for a use permit
may grant an exception or modification of this requirement.
5. If farming activity is not in progress at the time of application, the minor use
permit may be conditioned to require review to ensure that bona-fide farming
activity commences within a reasonable time.
6. Farm employee housing shall be removed or converted to another permitted
use at such time as the farming activity to which it relates ceases operation for more
than twelve consecutive months.
S. Horticultural Sales. In all residential and agricultural zones, the retail sale of
horticultural and floricultural products and their related gardening items in conjunction with and
upon the premises of a growing nursery is permitted upon issuance of a minor use permit.
T. ACCESSORY WITS. The City finds that there are many benefits associated with
the creation of accessory residential units on existing single family lots, which include: (Ord. 93-
07)
Providing affordable housing for low and moderate income households without
public subsidy while maintaining the general character of a single family
neighborhood.
Providing a cost-effective means of serving development through the use of existing
infrastructure.
03-07 30.48.040T
Providing a means for home owners of new or existing homes to meet loan
payments.
Providing security for senior homeowners.
I. On parcels zoned for residential single family dwellings as a permitted use, one
attached or detached accessory unit may be constructed. Attached and detached units shall
be permitted by right.
2. Attached and detached accessory units must maintain the general character of a
single family residential neighborhood. and maintain the character as a single family
dwelling as determined by the Director. Architectural design, building materials, and
exterior colors shall be compatible with the principal residence.
3. Maximum living area of an accessory unit shall not exceed 750 square feet or 30
percent of the living area of the principal residence, whichever is less. An accessory unit of
400 square feet is permitted regardless of the living area of the principal residence.
4. Accessory units shall be provided with full kitchen facilities. shall meet main
building setbacks, standard height limits. lot coverage, floor area ratio, and other
requirements for residential zones. (Ord. 97-17)
5. One off-street parking space shall be provided for the second unit in addition to any
off-street parking requirements for the principal unit. The primary unit may utilize tandem
parking, and the parking space for the accessory unit may be located in the required front
yard.
6. Properties currently served by a septic system shall be required to connect into the
sewer system provided a sewer line exists in the street or alley immediately adjacent to the
property.
7. Accessory units shall be used as a dwelling unit only, and no businesses other than
home occupations shall be conducted from or in the second unit.
8. Accessory units shall be permitted on a lot or parcel having a guest house or
accessory living quarters. (Conversion of such quarters into an accessory unit is permitted
provided all zoning and building code requirements are met.) However, only one detached
accessory structure for residential occupancy is permitted.
9. Prior to issuance of a building permit for an accessory unit, a covenant shall be
recorded between the Owner and the City of Encinitas agreeing to the terms stipulated in
this ordinance.
03-07 30.48.040U
U. Family Day Care Homes. Small and Large. Small and large family day care homes
are permitted by right as accessory uses in all residential zones. (Ord. 92-28)
V. Wind Turbine Systems. Small. A wind turbine system, small shall be permitted on
a building site in compliance with the following conditions:
I. Setback. The system shall be set back from property lines and roads at least
2 times the height of the wind system (to the top of the blade in vertical position).
2. Fencing-. Public access to the wind turbines shall be restricted throug-h the
use of a fence with locked g-ates, non-climbable towers or other suitable methods.
3. Signs. Suitable wamine signs containing a telephone number for emergency
calls shall face all approaches to the system. Individual signs shall be between 5 and
16 square feet.
4. Noise. The wind turbine shall be operated in such manner that it does not
exceed the sound level limits of the Municipal Code.
W. Any waiver or modification of the above requirements shall be allowed only in
accordance with a Variance.
X. Bed and Breakfast Home. A bed and breakfast home is a permitted accessory use
upon issuance of a minor use permit provided the following conditions are complied with:
I. Located in a residential zone or in a designated Historic building, or
conducted within a structure which was constructed prior to 1936.
2. A maximum of five bedrooms shall be made available for rent. A bed and
breakfast home having more than five bedrooms available for rent may be approved
if the home is designated a Historic Landmark in accordance with the Historic
Landmark Desienation.
3. No bed and breakfast home shall be located on a lot closer than 200 feet
from any other lot containing a bed and breakfast home. The 200 foot distance shall
be measured in a straight line connecting the closest points on the lot lines and
without regard for intervening structures.
4. The owner or lessee of the property shall operate the facility and reside in
the home.
5. One off-street parking space for each room rented and each employee shall
be provided in addition to the parking required for single-family occupancy.
04-10 30.48.040X
6. Service shall be limited to the rental of rooms and the provision of breakfast
for overnight guests. No food preparation or cooking guests shall be conducted
within any bedroom made available for rent.
7. Signs shall be limited to one on-premise sign not to exceed two square feet.
T. Accessory uses shall be permitted for horticultural uses provided the buildings to
house said use do not exceed 10% of the net are (or 8.000 square feet whichever is less) of the lot
that the primary horticulture use is located. Such accessory uses include: offices, storage (subject to
30.48.040h regulations), packing, assemblage, distribution, maintenance, related grading (soil
mixtures). and the like. (Ord. 88-06 adopted 2-24-88.)
Z. Other Necessary and Customary Uses. Accessory uses and structures, in addition to
those identified above. which are necessarily and customarily associated with. and are appropriate,
incidental, and subordinate to principal use. as determined by the Director.
30.48.050 Commercial Use Types. Subject to the restrictions and limitations specified, the
following accessory buildings and uses shall be permitted in Commercial Zones:
A. Sidewalk Cafes/Outdoor Cafes. Sidewalk cafes/outdoor cafes shall be a permitted
accessory use provided the following conditions are complied with: (Ord. 94-11)
I. The sidewalk/outdoor cafe shall be conducted accessory to a legally
established Food and Beverage Retail Sales or Eating and Drinking Establishment
use type and clearly shown on a plot plan prepared to the satisfaction of the Planning
and Building Director. (Ord. 2003-08).
2. An encroachment permit for a sidewalk cafe is issued by the Department of
Public Works when the sidewalk is within the public rights of way.
3. The operation of a sidewalk/outdoor cafe shall meet applicable requirements
of the Department of Health Services.
4. Contiguous property owners shall be notified in accordance with Section
30.01 if the side%valk/outdoor cafe is within the public rights of way or in a
commercial complex of five or fewer tenants. If the sidewalk/outdoor cafe is in a
commercial complex of six or more tenants, then the remaining tenants in the
commercial complex shall be notified in accordance with Section 30.01, provided
that the notification shall only include the tenants in the commercial complex where
the proposed sidewalk/outdoor cafe is to be located.
5. The hours of operation of the sidewalk/outdoor cafe shall be limited to the
hours of operation of the associated eating or drinking establishment.
03-07 30.48.O50A
6. No sound amplification device. musical instrument or sound reproduction
device shall be operated or used with a sidewalk/outdoor cafe and any outdoor
lighting shall comply with performance standards.
7. A finding shall be made that the sidewalk/outdoor cafe will not adversely
affect the neighborhood nor be detrimental to persons residing, visiting or working
in the area.
8. The area of the sidewalk/outdoor cafe and the area of the restaurant shall be
used in determining the parking requirements of the primary restaurant use. A
sidewalk/outdoor cafe added to an existing restaurant shall adhere to the parking
standards for restaurants contained within Section 30.54 of the Municipal Code or
applicable specific plan. The area of the sidewalk/outdoor cafe shall not remove any
required parking areas and the cafe area shall not block access to the property or
surrounding areas. The area for pedestrian access must remain at least 42 inches in
width. Cafe equipment is not to extend beyond the width of the building where the
business is located, nor more than five feet from the face of the building unless a
finding is made by the Director of Planning and Building that additional area is
available for the cafe. (Ord. 2003-08). y
9. The sidewalk/outdoor cafe must be reviewed by and found to meet the
standards of the Encinitas Fire Marshal relative to access and flammability.
10. All other appropriate provisions of the Municipal Code, including sign
regulations, must be met.
B. Outdoor Displays of Merchandise. The outdoor display of merchandise as
accessory to a legally established retail or wholesale business is permitted subject to the following
limitations: (Ord. 94-11)
I. An encroachment permit for outdoor displays of merchandise is issued by
the Department of Public Works when the display area is within the public rights of
way.
2. Contiguous property owners shall be notified in accordance with Section
30.01 if the outdoor display of merchandise is within the public rights of way or in a
commercial complex of five or fewer tenants. If the outdoor display area is in a
commercial complex of six or more tenants. then the remaining tenants in the
commercial complex shall be notified in accordance with Section 30.01, provided
that the notification shall only include the tenants in the commercial complex where
the proposed outdoor display of merchandise is to be located.
3. The outdoor display of merchandise shall be limited to the hours of
operation of the associated retail or wholesale establishment.
03-07 30.48.0506
4. No sound amplification device. musical instrument or sound reproduction
device shall be operated or used with the outdoor display of merchandise and any
outdoor lighting shall comply with performance standards.
5. A finding shall be made that the outdoor display of merchandise will not
adversely affect the neighborhood nor be detrimental to persons residing, visiting or
working in the area.
6. The area of the outdoor display of merchandise shall not remove any
required parking areas and the display area shall not block access to the property or
surrounding areas. The area for pedestrian access must remain at least 42 inches in
width. Merchandise is not to extend beyond the width of the building where the
business is located, nor more than five feet from the face of the building unless a
finding is made by the Director of Planning and Building that additional area is
available for the display of merchandise. (Ord. 2003-08).
7. The outdoor display area and types of merchandise must be reviewed by and
found to meet the standards of the Encinitas Fire Marshal relative to access and
flammability.
8. All other appropriate provisions of the Municipal Code, including sign
regulations. must be met.
C. Caretaker's dwelling unit. Pursuant to Section 30.09, one (1) dwelling unit is
permitted, accessory to the principal use(s) on site, to serve as the residence of a caretaker or
superintendent (and family) for the establishment(s) on the property. A caretaker's dwelling unit is
limited to 750 square feet or 30% of the floor area of the principal structure(s) on the property,
whichever is less, with a minimum of 400 square feet allowed by right. Additional floor area over
750 square feet or 30% of the floor area of the principal structure may be allowed with the approval
of a Minor Use Permit. A covenant, in form and content acceptable to the Planning and Building
Director, shall be recorded to assure that the caretaker's unit is not otherwise rented or expanded
beyond the limitations set forth in this section. (Ord. 2003-08).
30.48.060 Manufacturing and Industrial Zones. Single-family dwellings or a single
mobilehome limited to 750 square feet or 30% of the floor area of the principal structure(s) on the
property. whichever is less, with a minimum of 400 square feet allowed by right (additional floor
area over 750 square feet or 30%of the floor area of the principal structure may be allowed with the
approval of a Minor Use Permit) shall be permitted as follows in Industrial Zones subject to the
following: (Ord. 97-17)
04-98 30.48.060A
A. Caretaker or Superintendent. On a lot or building site with a permitted industrial
use. and occupied exclusively by a caretaker or superintendent (and family) of such industrial use.
or(...). (Ord. 97-17).
B. Farm Owner or Operator. On a lot or building site having a net area of at least 5
acres which is being farmed, and occupied exclusively by the owner or operator thereof. or
C. Kennel Owner or Operator. On a lot or building site with a kennel, and occupied
exclusively by the owner or operator thereof and family. (Ord. 97-17).
30.48.070 Retail Sales in Manufacturing and Industrial Zones. Retail sales as an accessory
use is permitted in manufacturing and Industrial zones when the product sold is produced on the
site.