Encinitas Municipal Code § 3.1 Development Standards

The North 101 Corridor Specific Plan area has been divided into separate zones which are described below, and shown in Figure 3. Within each zone, development standards unique to its needs and circumstances have been devised, and differ from "citywide" zoning standards as required.

All applicable provisions of Title 30 of the Encinitas Municipal Code shall apply to all properties within the North 101 Corridor Specific Plan area, except as otherwise specified herein.

Zones

Distinct zones were created through the specific plan process, each with its own special development standards. The following provides a listing of each zone.

Zones and Development Standards

In order to classify, designate, regulate and restrict the uses of land, buildings, and other structures to achieve the purposes of this Specific Plan and of the General Plan of the City of Encinitas, the zones and development standards described below are minimum standards unless otherwise stated.

The following development standards shall apply to all properties within the North 101 Corridor Specific Plan area. Standards detailed in Title 30 of the Encinitas Municipal Code shall apply, except as otherwise specified herein. If there is a conflict between the development standards of this Chapter and Title 30 of the Encinitas Municipal Code, the development standards of this Chapter shall take precedence.

In the event a proposed use is not specifically listed as allowed under a zone, but is similar in character to a use that is listed, a determination of allowable use pursuant to Section 30.01.030 of Title 30 of the Encinitas Municipal Code may be requested.

A. Zones: Residential 3 (N-R3)

Residential N-R3 (R-30 Overlay)

Residential 8 (N-R8)

Residential 11 (N-R11)

Residential 15 (N-R15)

Residential 20 (N-R20)

Residential 25 (N-R25)

1. Except as otherwise specified below, all provisions of Title 30 of the Encinitas Municipal Code applicable to the R-3, R-8, R-11, R-15, R-20 and R-25 Zones shall apply to each respective residential zoning classification listed herein.

2. The Landscape Recommendations of Section 4.8 of this Specific Plan shall apply to all new and rehabilitated landscape projects with a landscaped area of greater than 1,000 square feet.

3. Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under these zones. If a conflict arises between provisions of the design recommendations and the development standards of these zones, the development standards shall take precedence.

4. The building height standard for residential developments shall be consistent with Section 30.16.10.B.7 of Title 30 of the Encinitas Municipal Code except as specified below:

Residential developments may be approved to a maximum height of 33 feet or 3 stories, whichever is less, provided the first story is used for garage or parking purposes for residents of the development. The only portion of the building that may be approved at the 33 feet or 3 story height limit is that portion of the building situated directly above the first story garage or parking area.

The intent of this provision is to allow for two residential stories above a first story garage or parking area. All other portions of the building that are not directly situated above a first story garage or parking area shall meet all residential building height standards of Section 30.16.10.B.7 of Title 30 of the Encinitas Municipal Code. In all cases, the height of a structure shall be determined pursuant to Section 30.16.10.B.7.f. of the Title 30 of the Encinitas Municipal Code.

B. Zone: N-R3 (R-30 OL):

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

1. N-R3 (R-30 OL) Permitted Uses: Permitted Uses in the N-R3 (R-30 OL) shall be the same as those permitted under R30-OL Zone in Title 30, Chapter 30.09 of the Encinitas Municipal Code.

2. N-R3 Residential Overlay Development Standards: The development standards applicable to the N-R3 (R-30 OL) shall be those specified in Title 30, Chapter 30.16 for the R-30 Overlay Zone of the Encinitas Municipal Code.

a. When certain development standards in the N-R3 Zone and N-R3 (R-30 OL) conflict, the more generous standard shall prevail.

C. Zone: Mobile Home Park (N-MHP):

This zone is intended to provide for mobile home park development and redevelopment for new or redeveloped parks greater than 5 acres.

1. Except as otherwise specified below, all use and development standards pursuant to Section 30.16.030, Subsections 1-10, of Title 30 of the Encinitas Municipal Code shall apply under the N-MHP zone.

2. The maximum allowable density under the N-MHP zone is 15 units per net acre.

3. The Landscape Recommendations of Section 4.8 of this Specific Plan shall apply to all new and rehabilitated landscape projects with a landscaped area of greater than 1,000 square feet.

4. Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

A. Zone: Commercial Mixed 1 (N-CM-1)

This zone is intended to provide a zoning district where the development of general commercial uses, excluding auto-related uses, and mixed use may be allowed. The zone provides for a variety of development opportunities including (1) stand-alone commercial; or (2) mixed use, with general commercial use types as listed in this chapter. The N-CM-1 zone applies to properties with frontage on North Highway 101, generally between Marcheta Street and West Glaucus Street, as well as commercial properties located at the intersection of Leucadia Boulevard and Vulcan Avenue and commercial properties located on the east side of North Highway 101, just north of Encinitas Boulevard. The intent of this zone is to achieve an eclectic blend of uses and architectural styles by orienting buildings to North Highway 101, emphasizing a pedestrian scale and friendliness, and continuing to emphasize the use of dominating trees in the streetscape.

Commercial allows a wide range of general commercial activities, including retailing, service, and visitor-serving uses, with the intent of accommodating citywide or regional needs and serving the needs of persons visiting the city for business and recreational purposes.

Mixed Use allows commercial and residential uses at a maximum density of 25.0 dwelling units per net acre on the same property or in the same structure, with the intent of providing opportunities for housing and live/work or artisan loft arrangements, while also mitigating the impacts between commercial and residential uses.

It is the intention of the N-CM-1 Zone to allow for functional and physical integration of project components of mixed uses. Consideration will be given to joint use of parking, sizes of residential units, and overall architectural design when considering approvals for mixed use developments.

The following principal uses shall be permitted in the N-CM-1 Zone and are identified as either permitted, or requiring a minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses not specifically listed are prohibited.

1. Permitted Uses:

2. Minor Use Permits:

3. Major Use Permits:

4. Agriculture Permit:

5. Development Standards - Commercial or Mixed-Use Developments:

a. General Standards:

b. Mixed-Use Site Planning:

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

2. Residential uses shall be located either above or behind the primary commercial use and shall not occupy the ground floor building frontage area along Highway 101.

3. Residential uses shall not exceed 50 percent of the gross building floor area for the development site, unless authorized through the approval of a Major Use Permit.

4. Residential densities shall be calculated pursuant to Section 30.16.010.B 1. and 2. of Title 30 of the Encinitas Municipal Code.

c. Additional Setbacks and Separation from Adjacent Land Uses:

1. Where a commercial or mixed-use development abuts property in any residential zone, a masonry wall of no less than six feet in height is required along the property line between the commercial/mixed use development and the residentially-zoned property, and may be increased to eight feet to resolve any noise or visual impacts. Said wall shall be measured from the highest finished grade at the property line, and shall be erected and maintained as separation between the commercial and residential uses. Said wall shall be stepped down to no more than four feet in height within 10 feet of the front property line.

2. For lots fronting along North Highway 101 which extend through to Melrose Avenue or La Veta Avenue, a minimum landscape area of 10 foot in depth shall be required along Melrose Avenue or La Veta Avenue. A masonry wall of no less than six feet in height, which may be increased to eight feet to resolve any noise or visual impacts, measured from the highest finished grade at the property line shall be erected along the landscape area, located a minimum of 10 feet from the property line.

d. Sidewalk Dining:

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

2. Encroachment permits for outdoor/sidewalk dining within public rights-of-way require the following information and are subject to the following limitations:

a. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

b. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

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

d. An issued permit may be revoked by the City after a 30-day notice.

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

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

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

h. A liability insurance policy naming the city as additionally insured for $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

e. General Site Planning:

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

2. All commercial uses, including storage, shall be located within an enclosed building unless authorized by a Minor Use Permit, or as otherwise permitted by this Specific Plan. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

f. Building Design and Use:

1. Visual relief shall be provided for linear buildings by the use of architectural projections or recessed areas which create the appearance of smaller adjoining buildings.

2. Energy consumption in buildings should be minimized using the following features where feasible:

3. All signage associated with the buildings and site shall be integrated in terms of both architecture and color and shall comply with Section 4.5.6 of the Specific Plan.

g. Access, Circulation, and Parking:

1. Vehicular access shall be taken from an abutting alley or adjacent street rather than from North Highway 101 where feasible.

2. Where vehicular access off of North Highway 101 is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

3. All alleys shall be maintained for vehicular access and/or pedestrian paths, and shall not be vacated.

4. Access points to adjoining lots shall be shared wherever feasible. Reciprocal ingress and egress, circulation, and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties where feasible;

5. Sidewalks shall be located along the west side of North Highway 101 and other street frontages per streetscape concepts and circulation improvement standards under this Specific Plan;

6. Where feasible, on-site parking areas shall be located off the alley or to the rear of a building. On-site parking areas abutting all local roads or North Highway 101 shall be screened by earth mounding, landscaping, low decorative walls, or a combination of any of these methods, three feet in height.

7. For lots fronting along North Highway 101 which extend through to La Veta Avenue or Melrose Avenue, vehicular access from Melrose Avenue or La Veta Avenue shall be prohibited unless the location of existing structures to continue in use prohibits access from an abutting alley, side street or Highway 101. Where access from Melrose Avenue or La Veta Avenue must be provided, access is limited to no more than one point for each 300 feet of frontage or one point per parcel where frontage is less than 300 feet.

h. Auxiliary Structures/Equipment and Utilities:

1. All roof appurtenances including, but not limited to, air conditioning units, and mechanical/electrical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties.

2. All ground-mounted mechanical/electrical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, or landscaping, or shall be enclosed within a building.

3. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, with the exception of existing overhead power transmission lines with voltage levels exempted by the Municipal Code and long distance and main trunk communications facilities. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. Trash receptacles shall be located behind the building, where possible. In all locations, trash receptacles shall be enclosed by a six-foot high decorative masonry wall with view-obstructing gates; for lots with frontage extending through to Melrose Avenue or La Veta Avenue, trash storage shall be behind the 20 foot setback required from Melrose Avenue or La Veta Avenue.

5. Outdoor storage areas, when approved by minor use permit, shall be located to the rear of a building and shall be enclosed by solid decorative masonry walls and view-obstructing gates, both to be not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or vinyl-clad chain link and view obscuring material may be approved through Design Review. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

6. For lots fronting along North Highway 101 which extend through to Melrose Avenue or La Veta Avenue, all auxiliary structures/equipment, and utilities shall be setback a minimum of 20 feet from Melrose Avenue or La Veta Avenue.

i. Landscaping:

1. Site landscaping shall include a combination of trees, shrubbery, vines, or groundcovers all of which shall be drought-tolerant, where feasible. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief.

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

3. All landscaped areas shall be watered by an automatic irrigation system with underground piping (excluding drip or soaker irrigation systems) and regularly maintained in a healthy and thriving condition free of weeds, trash, debris.

4. A minimum of 10 percent of the site area shall be landscaped. Street trees shall be provided, in accordance with the specific plan landscape recommendations. Pedestrian plazas or decorative landscaping, which include site amenities such as sculpture, fountains, planters, enhanced paving, etc., may be counted towards meeting the respective landscaping minimum, up to a maximum of 50 percent of the respective landscaping minimum.

5. Landscaping shall be in accordance with Section 4.8, Landscape Recommendations.

j. Lighting:

1. Lighting placed upon the building shall be architecturally integrated.

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

k. Architectural Features, Accessory Structures and Walls/Fences:

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

2. Accessory structures shall meet the setback requirements for main building(s).

3. Between any street property line and a principal structure on that property, no wall or fence shall exceed four feet in height. Where a retaining wall is used to increase usable lot area, the height of said retaining wall between any street property line and the principal structure shall not exceed four feet in height.

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

l. Condominium Conversion

The conversion of a project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements for the screening of storage/sales areas or mechanical equipment be waived.

m. Design Recommendations

Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

n. Signage Regulations

Except as otherwise specified in this Section and Chapter 4 of this Specific Plan, the signage standards, and review and approval procedures of Chapters 23.08 and 30.60 of the Encinitas Municipal Code shall apply for all signs within the North 101 Corridor Specific Plan.

o. Freestanding A-frame signage

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, subject to the following standards:

1. one per business.

2. maximum five feet in height by three feet in width.

3. maximum of two faces per sign, back-to-back.

4. no external or internal illumination.

5. not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. not on display during non-business hours.

8. located directly in front of the building/business it is advertising.

9. not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. not obscure or interfere with the effectiveness of any official notice or public safety device.

12. maintain at least a four foot width for pedestrian clearance over the entire length of the sidewalk or the public right-of-way in front of the business, free of all obstructions such as planter areas, fire hydrants, street lights, other street furniture, on-street parking overhang, and any other approved public right-of-way dining area.

p. Placement of A-frame Signs in the Public Right-of-Way

In addition to meeting the above standards, A-frame signs which encroach into the public right-of-way are allowed with the issuance of an encroachment permit from the Engineering Services Department. Encroachment permits for A-frame signs in the public right-of-way shall require the submittal of the following information and are subject to the following limitations:

1. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

2. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

3. The description and site plan shall be reviewed and accepted by the Community Development Department prior to the issuance of an encroachment permit by the Engineering Services Department.

4. A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

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

B. Zone: Commercial Mixed 2 (N-CM-2)

This zone is intended to provide a zoning district where the development of general commercial uses, including auto-related uses, and mixed use may be allowed. The zone provides for a variety of development opportunities including 1) stand alone commercial; or 2) mixed use, with general commercial use types as listed in this chapter. The N-CM-2 zone applies to properties with frontage on North Highway 101, generally between A Street and Marcheta Street. The intent of this zone is to achieve an eclectic blend of uses and architectural styles by orienting buildings to North Highway 101, emphasizing a pedestrian scale and friendliness, and continuing to emphasize the use of dominating trees in the streetscape.

Commercial allows a wide range of general commercial activities, including auto-related uses, retailing, service, and visitor-serving uses, with the intent of accommodating citywide or regional needs and serving the needs of persons visiting the city for business and recreational purposes.

Mixed Use allows commercial and residential uses at a maximum density of 25.0 dwelling units per net acre on the same property or in the same structure, with the intent of providing opportunities for housing and live/work or artisan loft arrangements, while also mitigating the impacts between commercial and residential uses.

It is the intention of the N-CM-2 zone to allow for functional and physical integration of project components of mixed uses. Consideration will be given to joint use of parking, sizes of residential units, and overall architectural design when considering approvals for mixed use developments.

The following principal uses shall be permitted in the N-CM-2 Zone and are identified as either permitted, or requiring a minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses not specifically listed are prohibited.

1. Permitted Uses:

2. Minor Use Permits:

3. Major Use Permits:

4. Agriculture Permit:

5. Development Standards - Commercial or Mixed-Use Developments:

a. General Standards:

b. Mixed-Use Site Planning:

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

2. Residential uses shall be located either above or behind the primary commercial use and shall not occupy the ground floor building frontage area along Highway 101.

3. Residential uses shall not exceed 50 percent of the gross building floor area for the development site, unless authorized through the approval of a Major Use Permit.

4. Residential densities shall be calculated pursuant to Section 30.16.010.B 1. and 2. of Title 30 of the Encinitas Municipal Code.

c. Additional Setbacks and Separation from Adjacent Land Uses:

1. Where a commercial or mixed-use development abuts property in any residential zone, a masonry wall of no less than six feet in height is required along the property line between the commercial/mixed use development and the residentially-zoned property, and may be increased to eight feet to resolve any noise or visual impacts. Said wall shall be measured from the highest finished grade at the property line, and shall be erected and maintained as separation between the commercial and residential uses. Said wall shall be stepped down to no more than four feet in height within 10 feet of the front property line.

2. For lots fronting along North Highway 101 which extend through to Melrose Avenue, a minimum landscape area of 10 foot in depth shall be required along Melrose Avenue. A masonry wall of no less than six feet in height, which may be increased to eight feet to resolve any noise or visual impacts, measured from the highest finished grade at the property line shall be erected along the landscape area, located a minimum of 10 feet from the property line.

d. Sidewalk Dining:

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

2. Encroachment permits for outdoor/sidewalk dining within public rights-of-way require the following information and are subject to the following limitations:

a. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

b. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

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

d. An issued permit may be revoked by the City after a 30-day notice.

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

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

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

h. A liability insurance policy naming the city as additionally insured for $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

e. General Site Planning:

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

2. All commercial uses, including storage, shall be located within an enclosed building unless authorized by a Minor Use Permit, or as otherwise permitted by this Specific Plan. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

f. Building Design and Use:

1. Visual relief shall be provided for linear buildings by the use of architectural projections or recessed areas which create the appearance of smaller adjoining buildings.

2. Energy consumption in buildings should be minimized using the following features where feasible:

3. All signage associated with the buildings and site shall be integrated in terms of both architecture and color and shall comply with Section 4.5.6 of the Specific Plan.

g. Access, Circulation, and Parking:

1. Vehicular access shall be taken from an abutting alley or adjacent street rather than from North Highway 101 where feasible.

2. Where vehicular access off of North Highway 101 is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

3. All alleys shall be maintained for vehicular access and/or pedestrian paths, and shall not be vacated.

4. Access points to adjoining lots shall be shared wherever feasible. Reciprocal ingress and egress, circulation, and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties where feasible;

5. Sidewalks shall be located along the west side of North Highway 101 and other street frontages per streetscape concepts and circulation improvement standards under this Specific Plan;

6. Where feasible, on-site parking areas shall be located off the alley or to the rear of a building. On-site parking areas abutting all local roads or North Highway 101 shall be screened by earth mounding, landscaping, low decorative walls, or a combination of any of these methods, three feet in height.

7. For lots fronting along North Highway 101 which extend through to Melrose Avenue, vehicular access from Melrose Avenue shall be prohibited unless the location of existing structures to continue in use prohibits access from an abutting alley, side street or Highway 101. Where access from Melrose must be provided, access is limited to no more than one point for each 300 feet of frontage or one point per parcel where frontage is less than 300 feet.

h. Auxiliary Structures/Equipment and Utilities:

1. All roof appurtenances including, but not limited to, air conditioning units, and mechanical/electrical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties.

2. All ground-mounted mechanical/electrical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, or landscaping, or shall be enclosed within a building.

3. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, with the exception of existing overhead power transmission lines with voltage levels exempted by the Municipal Code and long distance and main trunk communications facilities. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. Trash receptacles shall be located behind the building, where possible. In all locations, trash receptacles shall be enclosed by a six-foot high decorative masonry wall with view-obstructing gates; for lots with frontage extending through to Melrose Avenue, trash storage shall be behind the 20 foot setback required from Melrose Avenue.

5. Outdoor storage areas, when approved by minor use permit, shall be located to the rear of a building and shall be enclosed by solid decorative masonry walls and view-obstructing gates, both to be not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or vinyl-clad chain link and view obscuring material may be approved through Design Review. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

6. For lots fronting along North Highway 101 which extend through to Melrose Avenue, all auxiliary structures/equipment, and utilities shall be setback a minimum of 20 feet from Melrose Avenue.

i. Landscaping:

1. Site landscaping shall include a combination of trees, shrubbery, vines, or groundcovers all of which shall be drought-tolerant, where feasible. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief.

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

3. All landscaped areas shall be watered by an automatic irrigation system with underground piping (excluding drip or soaker irrigation systems) and regularly maintained in a healthy and thriving condition free of weeds, trash, debris.

4. A minimum of 10 percent of the site area shall be landscaped. Street trees shall be provided in accordance with the specific plan landscape recommendations Pedestrian plazas or decorative landscaping, which include site amenities such as sculpture, fountains, planters, enhanced paving, etc., may be counted towards meeting the respective landscaping minimum, up to a maximum of 50 percent of the respective landscaping minimum.

5. Landscaping shall be in accordance with Section 4.8, Landscape Recommendations.

j. Lighting:

1. Lighting placed upon the building shall be architecturally integrated.

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

k. Architectural Features, Accessory Structures and Walls/ Fences:

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

2. Accessory structures shall meet the setback requirements for main building(s).

3. Between any street property line and a principal structure on that property, no wall or fence shall exceed four feet in height. Where a retaining wall is used to increase usable lot area, the height of said retaining wall between any street property line and the principal structure shall not exceed four feet in height.

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

l. Condominium Conversion

The conversion of a project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements for the screening of storage/sales areas or mechanical equipment be waived.

m. Design Recommendations

Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

n. Signage Regulations

Except as otherwise specified in this Section and Chapter 4 of this Specific Plan, the signage standards, and review and approval procedures of Chapters 23.08 and 30.60 of the Encinitas Municipal Code shall apply for all signs within the North 101 Corridor Specific Plan.

o. Freestanding A-frame signage

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, subject to the following standards:

1. one per business.

2. maximum five feet in height by three feet in width.

3. maximum of two faces per sign, back-to-back.

4. no external or internal illumination.

5. not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. not on display during non-business hours.

8. located directly in front of the building/business it is advertising.

9. not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. not obscure or interfere with the effectiveness of any official notice or public safety device.

12. maintain at least a four foot width for pedestrian clearance over the entire length of the sidewalk or the public right-of-way in front of the business, free of all obstructions such as planter areas, fire hydrants, street lights, other street furniture, on-street parking overhang, and any other approved public right-of-way dining area.

p. Placement of A-frame Signs in the Public Right-of-Way

In addition to meeting the above standards, A-frame signs which encroach into the public right-of-way are allowed with the issuance of an encroachment permit from the Engineering Services Department. Encroachment permits for A-frame signs in the public right-of-way shall require the submittal of the following information and are subject to the following limitations:

1. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

2. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

3. The description and site plan shall be reviewed and accepted by the Community Development Department prior to the issuance of an encroachment permit by the Engineering Services Department.

4. A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

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

C. Zone: Commercial Mixed 3 (N-CM-3)

This zone is intended to provide local neighborhood-serving and visitor-serving commercial uses, excluding auto-related uses, in the general area along Second Street directly north of B Street, and generally between North Highway 101 and Third Street. The area serves as a gateway into the North 101 Corridor Specific Plan area from the south, as well as a commercial node to serve residents and visitors utilizing nearby recreational facilities such as Moonlight State Beach and Park. This zone allows 1) stand-alone commercial; or 2) mixed use, with commercial use types to be generally neighborhood-serving and visitor-serving per the permitted, minor use permit, and major use permit principal use list of this section.

Commercial allows a wide range of general commercial uses which generally serve the needs of local, neighborhood residents and visitors to the area, and which are compatible with the surrounding residential neighborhoods.

Mixed Use allows commercial and residential uses at a maximum density of 25.0 dwelling units per net acre on the same property or in the same structure, with the intent of providing opportunities for housing and live/work or artisan loft arrangements, while also mitigating the impacts between commercial and residential uses.

It is the intention of the N-CM-3 Zone to allow for functional and physical integration of project components of mixed uses. Consideration will be given to joint use of parking, sizes of residential units and overall architectural design when considering approvals for mixed use developments.

The following principal uses shall be permitted in the N-CM-3 Zone and are identified as either permitted, or requiring a minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses not specifically listed are prohibited.

1. Permitted Uses:

2. Minor Use Permits

3. Major Use Permits

4. Agriculture Permit:

5. Development Standards - Commercial or Mixed-Use Developments:

a. General Standards:

b. Mixed-Use Site Planning:

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

2. Residential uses shall be located either above or behind the primary commercial use and shall not occupy the ground floor building frontage area along Highway 101.

3. Residential uses shall not exceed 50 percent of the gross building floor area for the development site, unless authorized through the approval of a Major Use Permit.

4. Residential densities shall be calculated pursuant to Section 30.16.010.B 1. and 2. of Title 30 of the Encinitas Municipal Code.

c. Additional Setbacks and Separation from Adjacent Land Uses:

Where a commercial or mixed-use development abuts property in any residential zone, a masonry wall of no less than six feet in height is required along the property line between the commercial/mixed use development and the residentially-zoned property, and may be increased to eight feet to resolve any noise or visual impacts. Said wall shall be measured from the highest finished grade at the property line, and shall be erected and maintained as separation between the commercial and residential uses. Said wall shall be stepped down to no more than four feet in height within 10 feet of the front property line.

d. Sidewalk Dining:

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

2. Encroachment permits for outdoor/sidewalk dining within public rights-of-way require the following information and are subject to the following limitations:

a. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

b. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

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

d. An issued permit may be revoked by the City after a 30-day notice.

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

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

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

h. A liability insurance policy naming the city as additionally insured for $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

e. General Site Planning:

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

2. All commercial uses, including storage, shall be located within an enclosed building unless authorized by a Minor Use Permit, or as otherwise permitted by this Specific Plan. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

f. Building Design and Use:

1. Visual relief shall be provided for linear buildings by the use of architectural projections or recessed areas which create the appearance of smaller adjoining buildings.

2. Energy consumption in buildings should be minimized using the following features where feasible:

3. All signage associated with the buildings and site shall be integrated in terms of both architecture and color and shall comply with Section 4.5.6 of the specific plan.

g. Access, Circulation, and Parking:

1. Vehicular access shall be taken from an abutting alley or adjacent street rather than from North Highway 101 where feasible.

2. Where vehicular access off of North Highway 101 is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

3. All alleys shall be maintained for vehicular access and/or pedestrian paths, and shall not be vacated.

4. Access points to adjoining lots shall be shared wherever feasible. Reciprocal ingress and egress, circulation, and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties where feasible;

5. Sidewalks shall be located along the west side of North Highway 101 and other street frontages per streetscape concepts and circulation improvement standards under this Specific Plan;

6. Where feasible, on-site parking areas shall be located off the alley or to the rear of a building. On-site parking areas abutting all local roads or North Highway 101 shall be screened by earth mounding, landscaping, low decorative walls, or a combination of any of these methods, three feet in height.

h. Auxiliary Structures/Equipment and Utilities:

1. All roof appurtenances including, but not limited to, air conditioning units, and mechanical/electrical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties.

2. All ground-mounted mechanical/electrical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, or landscaping, or shall be enclosed within a building.

3. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, with the exception of existing overhead power transmission lines with voltage levels exempted by the Municipal Code and long distance and main trunk communications facilities. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. Trash receptacles shall be located behind the building, where possible. In all locations, trash receptacles shall be enclosed by a six-foot high decorative masonry wall with view-obstructing gates.

5. Outdoor storage areas, when approved by minor use permit, shall be located to the rear of a building and shall be enclosed by solid decorative masonry walls and view-obstructing gates, both to be not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or vinyl-clad chain link and view obscuring material may be approved through Design Review. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

i. Landscaping:

1. Site landscaping shall include a combination of trees, shrubbery, vines, or groundcovers all of which shall be drought-tolerant, where feasible. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief.

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

3. All landscaped areas shall be watered by an automatic irrigation system with underground piping (excluding drip or soaker irrigation systems) and regularly maintained in a healthy and thriving condition free of weeds, trash, debris.

4. All legal lots 10,000 square feet or less in size shall be required to provide a minimum of 10 percent landscaping. All legal lots exceeding 10,000 square feet in size shall be required to provide a minimum of 15 percent landscaping. Street trees shall be provided in accordance with the specific plan landscape recommendations. Pedestrian plazas or decorative landscaping, which include site amenities such as sculpture, fountains, planters, enhanced paving, etc., may be counted towards meeting the respective landscaping minimum, up to a maximum of 50 percent of the respective landscaping minimum.

5. Landscaping shall be in accordance with Section 4.8, Landscape Recommendations.

j. Lighting:

1. Lighting placed upon the building shall be architecturally integrated.

2. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. Freestanding lamp posts shall be no taller than 18 feet. The intensity of light at the boundary of the N-CM-3 Zone shall not exceed 75 foot lamberts from the source of light.

k. Architectural Features, Accessory Structures and Walls/Fences:

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

2. Accessory structures shall meet the setback requirements for main building(s).

3. Between any street property line and a principal structure on that property, a wall or fence shall not exceed four feet in height. Where a retaining wall is used to increase usable lot the height of said retaining wall, if located between any street property line and a principal structure, shall not exceed four feet.

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

l. Condominium Conversion

The conversion of a project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements for the screening of storage/sales areas or mechanical equipment be waived.

m. Design Recommendations

Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

n. Signage Regulations

Except as otherwise specified in this Section and Chapter 4 of this Specific Plan, the signage standards, and review and approval procedures of Chapters 23.08 and 30.60 of the Encinitas Municipal Code shall apply for all signs within the North 101 Corridor Specific Plan.

o. Freestanding A-frame signage

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, subject to the following standards:

1. one per business.

2. maximum five feet in height by three feet in width.

3. maximum of two faces per sign, back-to-back.

4. no external or internal illumination.

5. not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. not on display during non-business hours.

8. located directly in front of the building/business it is advertising.

9. not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. not obscure or interfere with the effectiveness of any official notice or public safety device.

12. maintain at least a four foot width for pedestrian clearance over the entire length of the sidewalk or the public right-of-way in front of the business, free of all obstructions such as planter areas, fire hydrants, street lights, other street furniture, on-street parking overhang, and any other approved public right-of-way dining area.

p. Placement of A-frame Signs in the Public Right-of-Way

In addition to meeting the above standards, A-frame signs which encroach into the public right-of-way are allowed with the issuance of an encroachment permit from the Engineering Services Department. Encroachment permits for A-frame signs in the public right-of-way shall require the submittal of the following information and are subject to the following limitations:

1. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

2. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

3. The description and site plan shall be reviewed and accepted by the Community Development Department prior to the issuance of an encroachment permit by the Engineering Services.

4. A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

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

D. Zone: Commercial Residential Mixed 1 (N-CRM-1)

This zone is intended to provide a zoning district where the development of general commercial uses, mixed use or stand-alone residential uses may be allowed. The zone provides for a variety of development opportunities including 1) stand-alone commercial (excluding auto-related uses), 2) mixed use, or 3) stand alone residential. The N-CRM-1 zone applies to properties located along North Highway 101 from and including the "Handy Rentals" property (Assessor Parcel Number 216-041-06) located immediately north of the emergency access to the Sea Bluff Condominiums, to West Glaucus Street. The intent of this zone is to achieve an eclectic blend of uses and architectural styles by orienting buildings to North Highway 101, emphasizing a pedestrian scale, and continuing to emphasize the use of dominating trees in the streetscape.

Commercial allows a wide range of general commercial activities, including retailing, service, and visitor-serving uses with the intent of accommodating citywide or regional needs and serving the needs of persons visiting the city for business and recreational purposes.

Mixed Use allows commercial and residential uses at a maximum density of 25.0 dwelling units per net acre on the same property or in the same structure, with the intent of providing opportunities for housing and live/work or artisan loft arrangements, while also mitigating the impacts between commercial and residential uses.

It is the intention of the N-CRM-1 Zone to allow for functional and physical integration of project components of mixed uses. Consideration will be given to joint use of parking, sizes of residential units and overall architectural design when considering approvals for mixed use developments.

Residential allows single-family detached or multi-family detached and attached residential units, at a maximum density of 25.0 dwelling units per net acre.

The following principal uses shall be permitted in the N-CRM-1 Zone and are identified as either permitted, or requiring a minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses not specifically listed are prohibited.

1. Permitted Uses:

2. Minor Use Permits:

3. Major Use Permits:

4. Agriculture Permit:

5. Development Standards - Commercial or Mixed-Use Developments:

a. General Standards:

b. Mixed-Use Site Planning:

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

2. Residential uses shall be located either above or behind the primary commercial use and shall not occupy the ground floor building frontage area along Highway 101.

3. Residential uses shall not exceed 50 percent of the gross building floor area for the development site, unless authorized through the approval of a Major Use Permit.

4. Residential densities shall be calculated pursuant to Section 30.16.010.B 1. and 2. of Title 30 of the Encinitas Municipal Code.

c. Additional Setbacks and Separation from Adjacent Land Uses:

Where a commercial or mixed-use development abuts property in any residential zone, a masonry wall of no less than six feet in height is required along the property line between the commercial/mixed use development and the residentially-zoned property, and may be increased to eight feet to resolve any noise or visual impacts. Said wall shall be measured from the highest finished grade at the property line, and shall be erected and maintained as separation between the commercial and residential uses. Said wall shall be stepped down to no more than four feet in height within 10 feet of the front property line.

d. Sidewalk Dining:

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

2. Encroachment permits for outdoor/sidewalk dining within public rights-of-way require the following information and are subject to the following limitations:

a. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

b. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

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

d. An issued permit may be revoked by the City after a 30-day notice.

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

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

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

h. A liability insurance policy naming the city as additionally insured for $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

6. Development Standards - Residential-Only Developments:

a. In residential-only developments, except as otherwise specified herein, standards pursuant to Chapter 30.16, R-25 Zone of Title 30 of the Encinitas Municipal Code shall apply.

b. Maximum building height is 33 feet or three stories, whichever is less.

7. General Development Standards - Commercial, Mixed-Use, or Residential-Only Developments:

a. General Site Planning:

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

2. All commercial uses, including storage, shall be located within an enclosed building unless authorized by a Minor Use Permit or as otherwise permitted by this Specific Plan. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

b. Building Design and Use:

1. Visual relief shall be provided for linear buildings by the use of architectural projections or recessed areas which create the appearance of smaller adjoining buildings.

2. Energy consumption in buildings should be minimized using the following features where feasible:

3. All signage associated with the buildings and site shall be integrated in terms of both architecture and color and shall comply with Section 4.5.6 of the specific plan.

c. Access, Circulation, and Parking:

1. Vehicular access shall be taken from an abutting alley or adjacent street rather than from North Highway 101 where feasible.

2. Where vehicular access off of North Highway 101 is necessary, access shall be limited to one point for each 300 feet of frontage or one point per parcel if frontage is less than 300 feet.

3. All alleys shall be maintained for vehicular access and/or pedestrian paths, and shall not be vacated.

4. Access points to adjoining lots shall be shared wherever feasible. Reciprocal ingress and egress, circulation, and parking arrangements shall be required to facilitate the ease of vehicular movement between adjoining properties where feasible;

5. Sidewalks shall be located along the west side of North Highway 101 and other street frontages per streetscape concepts and circulation improvement standards under this Specific Plan;

6. Where feasible, on-site parking areas shall be located off the alley or to the rear of a building. On-site parking areas abutting all local roads or North Highway 101 shall be screened by earth mounding, landscaping, low decorative walls, or a combination of any of these methods, three feet in height.

d. Auxiliary Structures/Equipment and Utilities:

1. All roof appurtenances including, but not limited to, air conditioning units, and mechanical/electrical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties.

2. All ground-mounted mechanical/electrical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, or landscaping, or shall be enclosed within a building.

3. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, with the exception of existing overhead power transmission lines with voltage levels exempted by the Municipal Code and long distance and main trunk communications facilities. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. Trash receptacles shall be located behind the building, where possible. In all locations, trash receptacles shall be enclosed by a six-foot high decorative masonry wall with view-obstructing gates.

5. Outdoor storage areas, when approved by minor use permit, shall be located to the rear of a building and shall be enclosed by solid decorative masonry walls and view-obstructing gates, both to be not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or vinyl-clad chain link and view obscuring material may be approved during Design Review. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

e. Landscaping:

1. Site landscaping shall include a combination of trees, shrubbery, vines, or groundcovers all of which shall be drought-tolerant, where feasible. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief.

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

3. All landscaped areas shall be watered by an automatic irrigation system with underground piping (excluding drip or soaker irrigation systems) and regularly maintained in a healthy and thriving condition free of weeds, trash, debris.

4. All legal lots 10,000 square feet or less in size shall be required to provide a minimum of 10 percent landscaping. All legal lots exceeding 10,000 square feet in size shall be required to provide a minimum of 15 percent landscaping. Pedestrian plazas or decorative landscaping, which include site amenities such as sculpture, fountains, planters, enhanced paving, etc., may be counted towards meeting the respective as landscaping minimum, up to a maximum of 50 percent of the respective landscaping minimum.

5. Landscaping shall be in accordance with Section 4.8, Landscape Recommendations.

f. Lighting:

1. Lighting placed upon the building shall be architecturally integrated.

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

g. Architectural Features, Accessory Structures and Walls/Fences:

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

2. Accessory structures shall meet the setback requirements for main building(s).

3. Between any street property line and a principal structure on that property, a wall or fence shall not exceed four feet in height. Where a retaining wall is used to increase usable lot area the height of said retaining wall, if located between any street property line and a principal structure, shall not exceed four feet.

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

h. Condominium Conversion

The conversion of a project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements for the screening of storage/sales areas or mechanical equipment be waived.

i. Design Recommendations

Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

j. Signage Regulations

Except as otherwise specified in this Section and Chapter 4 of this Specific Plan, the signage standards, and review and approval procedures of Chapters 23.08 and 30.60 of the Encinitas Municipal Code shall apply for all signs within the North 101 Corridor Specific Plan.

k. Freestanding A-frame signage

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, subject to the following standards:

1. one per business.

2. maximum five feet in height by three feet in width.

3. maximum of two faces per sign, back-to-back.

4. no external or internal illumination.

5. not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. not on display during non-business hours.

8. located directly in front of the building/business it is advertising.

9. not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. not obscure or interfere with the effectiveness of any official notice or public safety device.

12. maintain at least a four foot width for pedestrian clearance over the entire length of the sidewalk or the public right-of-way in front of the business, free of all obstructions such as planter areas, fire hydrants, street lights, other street furniture, on-street parking overhang, and any other approved public right-of-way dining area.

l. Placement of A-frame Signs in the Public Right-of-Way

In addition to meeting the above standards, A-frame signs which encroach into the public right-of-way are allowed with the issuance of an encroachment permit from the Engineering Services Department. Encroachment permits for A-frame signs in the public right-of-way shall require the submittal of the following information and are subject to the following limitations:

1. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

2. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

3. The description and site plan shall be reviewed and accepted by the Community Development Department prior to the issuance of an encroachment permit by the Engineering Services Department.

4. A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

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

E. Zone: Commercial Residential Mixed 2 (N-CRM-2)

This zone is intended to provide an extension of the neighborhood-serving commercial node on Leucadia Boulevard at Vulcan Avenue. The zone provides for a variety of development opportunities including 1) stand alone commercial (excluding auto-relates uses), 2) mixed use; with commercial use types to be generally neighborhood-serving per the permitted, minor use permit, and major use permit use list of this section, or 3) stand alone residential. This zone applies to properties fronting on Vulcan Avenue between the commercial properties fronting on Leucadia Boulevard at Vulcan Avenue and the Riviera Mobile Home Park.

Commercial allows commercial uses which generally serve the needs of local, neighborhood residents, and which are compatible with a residential neighborhood.

Mixed Use allows commercial and residential uses at a maximum density of 15.0 dwelling units per net acre, on the same property or in the same structure with the intent of providing opportunities for housing and live/work or artisan loft arrangements, while also mitigating the impacts between commercial and residential uses.

It is the intention of the N-CRM-2 Zone to allow for functional and physical integration of project components of mixed uses. Consideration will be given to joint use of parking, sizes of residential units and overall architectural design when considering approvals for mixed use developments.

Residential allows single-family detached or multi-family detached and attached residential units, at a maximum density of 15.0 dwelling units per net acre.

The following principal uses shall be permitted in the N-CRM-2 Zone and are identified as either permitted, or requiring a minor use permit or major use permit. In addition, agricultural uses are permitted in accordance with Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code. All other principal uses not specifically listed are prohibited.

1. Permitted Uses:

2. Minor Use Permits

3. Major Use Permits

4. Agriculture Permit

5. Development Standards - Commercial or Mixed-Use Developments:

a. General Standards

b. Mixed Use Site Planning:

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

2. Residential uses shall be located either above, behind or beside the primary commercial use and shall not occupy ground floor building frontage area along Vulcan Avenue.

3. Residential uses shall not exceed 50 percent of the gross building floor area for the development site, unless authorized through the approval of a Major Use Permit.

4. Residential densities shall be calculated pursuant to Section 30.16.010.B.1 and 2 of Title 30 of the Encinitas Municipal Code.

c. Additional Setbacks and Separation from Adjacent Land Uses:

Masonry wall of no less than six feet in height is required along the property line between the commercial/mixed use development and the residentially-zoned property, and may be increased to eight feet to resolve any noise or visual impacts. Said wall shall be measured from the highest finished grade at the property line, and shall be erected and maintained as separation between the commercial and residential uses. Said wall shall be stepped down to no more than four feet in height within 10 feet of the front property line.

d. Sidewalk Dining:

1. Outdoor/sidewalk dining areas that encroach into the public right-of-way shall require an encroachment permit from the

Engineering Services Department and must maintain a minimum 4-foot clearance which excludes planter areas, fire hydrants, street lights, other street furniture, and on-street auto parking overhang, and any approved A-frame signage.

2. Encroachment permits for outdoor/sidewalk dining within public rights-of-way require the following information and are subject to the following limitations:

a. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

b. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

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

d. An issued permit may be revoked by the City after a 30-day notice.

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

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

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

h. A liability insurance policy naming the city as additionally insured for $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

6. Development Standards - Residential-Only Developments:

a. In residential-only developments, except as otherwise specified herein, standards pursuant to Chapter 30.16, R-15 Zone of Title 30 of the Encinitas Municipal Code shall apply.

b. Maximum building height is 33 feet or three stories, whichever is less.

7. General Development Standards - Commercial, Mixed-Use, or Residential-Only Developments:

a. General Site Planning:

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

2. All commercial uses, including storage, shall be located within an enclosed building unless authorized by a Minor Use Permit or as otherwise permitted by this Specific Plan. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

b. Building Design and Use:

1. Visual relief shall be provided for linear buildings by the use of architectural projections or recessed areas which create the appearance of smaller adjoining buildings.

2. Energy consumption in buildings should be minimized using the following features where feasible:

3. All signage associated with the buildings and site shall be integrated in terms of both architecture and color and shall comply with Section 4.5.6 of the specific plan.

c. Access, Circulation, and Parking:

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

2. Where feasible, on-site parking areas shall be located to the rear of buildings. On-site parking abutting Vulcan Avenue shall be screened by earth mounding, landscaping, low decorative walls, or a combination of any of these methods, three feet in height. Access points between adjoining lots are strongly encouraged to be shared where feasible.

d. Auxiliary Structures/Equipment and Utilities:

1. All roof appurtenances including, but not limited to, air conditioning units, and mechanical/electrical equipment shall be shielded and architecturally screened from view from on-site parking areas, adjacent public streets and adjacent properties.

2. All ground-mounted mechanical/electrical equipment, including heating and air conditioning units, and trash receptacle areas, shall be completely screened from surrounding properties by use of a wall, fence, or landscaping, or shall be enclosed within a building.

3. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where necessary. Pad-mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment. All new and existing utility connections within the boundaries of the project shall be placed underground, with the exception of existing overhead power transmission lines with voltage levels exempted by the Municipal Code and long distance and main trunk communications facilities. Transformer, terminal boxes, meter cabinets, pedestals, ducts and other facilities may be placed above ground provided they are screened.

4. Trash receptacles shall be located behind the building, where possible. In all locations, trash receptacles shall be enclosed by a six-foot high decorative masonry wall with view-obstructing gates.

5. Outdoor storage areas, when approved by minor use permit, shall be located to the rear of a building and shall be enclosed by solid decorative masonry walls and view-obstructing gates, both to be not less than six feet in height to adequately screen such areas from view. Reasonable substitutions such as masonry, wood or metal pilasters with wrought iron or vinyl-clad chain link and view obscuring material may be approved during Design Review. This requirement does not apply to agricultural uses authorized per Chapter 30.33 (Urban Agriculture) of Title 30 of the Encinitas Municipal Code.

e. Landscaping:

1. Site landscaping shall include a combination of trees, shrubbery, vines, or groundcovers all of which shall be drought-tolerant, where feasible. Landscaping in parking areas shall be predominantly trees to provide shade and visual relief.

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

3. All landscaped areas shall be watered by an automatic irrigation system with underground piping (excluding drip or soaker irrigation systems) and regularly maintained in a healthy and thriving condition free of weeds, trash, debris.

4. All legal lots 10,000 square feet or less in size shall be required to provide a minimum of 10 percent landscaping. All legal lots exceeding 10,000 square feet in size shall be required to provide a minimum of 15 percent landscaping. Pedestrian plazas or decorative landscaping, which include site amenities such as sculpture, fountains, planters, enhanced paving, etc., may be counted towards meeting the respective as landscaping minimum, up to a maximum of 50 percent of the respective landscaping minimum.

5. Landscaping shall be in accordance with Section 4.8, Landscape Recommendations.

f. Lighting:

1. Lighting placed upon the building shall be architecturally integrated.

2. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Illuminators should be integrated within the architecture of the building. Freestanding lamp posts shall be no taller than 18 feet. The intensity of light at the boundary of the NCRM-2 Zone shall not exceed 75 foot lamberts from the source of light.

g. Architectural Features, Accessory Structures and Walls/Fences:

1. Accessory structures shall not be located in front of the main building(s).

2. Accessory structures shall meet the setback requirements for main building(s) for the front yard area.

3. Architectural features, such as canopies, eaves, steps, balconies, stairways, and others which do not create inhabitable space may project into minimum front and rear setbacks no more than three feet; and may project into minimum side-yard set backs no more than two feet with a maximum six foot vertical dimension.

4. Between any street property line and a principal structure on that property, a wall or fence shall not exceed four feet in height. Where a retaining wall is used to increase usable lot area, and the height of said retaining wall, if located between any street property line and a principal structure, shall not exceed four feet.

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

h. Condominium Conversion

The conversion of a project to condominium ownership shall meet all requirements of the zone to the maximum extent possible within the constraints of the existing development. In no case shall the requirements for the screening of storage/sales areas or mechanical equipment be waived.

i. Design Recommendations

Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

j. Signage Regulations

Except as otherwise specified in this Section and Chapter 4 of this Specific Plan, the signage standards, and review and approval procedures of Chapters 23.08 and 30.60 of the Encinitas Municipal Code shall apply for all signs within the North 101 Corridor Specific Plan.

k. Freestanding A-frame signage

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, subject to the following standards:

1. one per business.

2. maximum five feet in height by three feet in width.

3. maximum of two faces per sign, back-to-back.

4. no external or internal illumination.

5. not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. not on display during non-business hours.

8. located directly in front of the building/business it is advertising.

9. not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. not obscure or interfere with the effectiveness of any official notice or public safety device.

12. maintain at least a four foot width for pedestrian clearance over the entire length of the sidewalk or the public right-of-way in front of the business, free of all obstructions such as planter areas, fire hydrants, street lights, other street furniture, on-street parking overhang, and any other approved public right-of-way dining area.

l. Placement of A-frame Signs in the Public Right-of-Way

In addition to meeting the above standards, A-frame signs which encroach into the public right-of-way are allowed with the issuance of an encroachment permit from the Engineering Services Department. Encroachment permits for A-frame signs in the public right-of-way shall require the submittal of the following information and are subject to the following limitations:

1. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

2. Submit a site plan, in a form acceptable to the Engineering Services Department and the Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

3. The description and site plan shall be reviewed and accepted by the Community Development Department prior to the issuance of an encroachment permit by the Engineering Services Department.

4. A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

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

F. Zone: Visitor-Serving Commercial (N-VSC)

This zone is intended to provide for commercial activities that serve the needs of persons visiting the city for recreation and business.

1. Except as otherwise specified below, all provisions of Title 30 of the Encinitas Municipal Code applicable to the VSC zone shall apply under the N-VSC zone.

2. The Landscape Recommendations of Section 4.8 of this Specific Plan shall apply to all new and rehabilitated landscape projects with a landscaped area of greater than 1,000 square feet.

3. Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

4. The Floor Area Ratio (FAR) requirements of Section 30.20.010.A of Title 30 of the Encinitas Municipal Code shall not apply to the N-VSC zone.

5. Signage Regulations: Except as otherwise specified in this Section and Chapter 4 of this Specific Plan, the signage standards, and review and approval procedures of Chapters 23.08 and 30.60 of the Encinitas Municipal Code shall apply for all signs within the North 101 Corridor Specific Plan.

a. Freestanding A-frame signage

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, subject to the following standards:

1. one per business.

2. maximum five feet in height by three feet in width.

3. maximum of two faces per sign, back-to-back.

4. no external or internal illumination.

5. not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. not on display during non-business hours.

8. located directly in front of the building/business it is advertising.

9. not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. not obscure or interfere with the effectiveness of any official notice or public safety device.

12. maintain at least a four foot width for pedestrian clearance over the entire length of the sidewalk or the public right-of-way in front of the business, free of all obstructions such as planter areas, fire hydrants, street lights, other street furniture, on-street parking overhang, and any other approved public right-of-way dining area.

b. Placement of A-frame Signs in the Public Right-of-Way

In addition to meeting the above standards, A-frame signs which encroach into the public right-of-way are allowed with the issuance of an encroachment permit from the Engineering Services Department. Encroachment permits for A-frame signs in the public right-of-way shall require the submittal of the following information and are subject to the following limitations:

1. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

2. Submit a site plan, in a form acceptable to the Engineering Services Department and Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

3. The description and site plan shall be reviewed and accepted by the Community Development Department prior to the issuance of an encroachment permit by the Engineering Services Department.

4. A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

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

G. Zone: Limited Visitor-Serving Commercial (N-L-VSC)

This zone is intended to provide for hotel/motel uses as the primary use, with uses specifically intended to serve the needs of persons visiting the City as ancillary uses.

1. Except as otherwise specified below, all provisions of Title 30 of the Encinitas Municipal Code applicable to the L-VSC zone shall apply under the N-L-VSC zone.

2. The Landscape Recommendations of Section 4.8 of this Specific Plan shall apply to all new and rehabilitated landscape projects with a landscaped area of greater than 1,000 square feet.

3. Applicable provisions of the Specific Plan Design Recommendations, Chapter 4 of this Specific Plan, shall apply to proposed development under this zone. If a conflict arises between provisions of the design recommendations and the development standards of this zone, the development standards shall take precedence.

4. The Floor Area Ratio (FAR) requirements of Section 30.20.10.A of Title 30 of the Encinitas Municipal Code shall not apply to the N-L-VSC zone.

5. Signage Regulations: Except as otherwise specified in this Section and Chapter 4 of this Specific Plan, the signage standards, and review and approval procedures of Chapters 23.08 and 30.60 of the Encinitas Municipal Code shall apply for all signs within the North 101 Corridor Specific Plan.

a. Freestanding A-frame signage

In addition to other types of permitted signage, freestanding A-frame signs shall be allowed, subject to the following standards:

1. one per business.

2. maximum five feet in height by three feet in width.

3. maximum of two faces per sign, back-to-back.

4. no external or internal illumination.

5. not permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise or products displayed outside of buildings.

6. portable, self-supporting, stable and weighted or constructed to withstand overturning by wind or contact.

7. not on display during non-business hours.

8. located directly in front of the building/business it is advertising.

9. not placed in such a way as to interfere with pedestrian or vehicular sight lines or corner clear zone requirements as specified by the City.

10. not placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way.

11. not obscure or interfere with the effectiveness of any official notice or public safety device.

12. maintain at least a four foot width for pedestrian clearance over the entire length of the sidewalk or the public right-of-way in front of the business, free of all obstructions such as planter areas, fire hydrants, street lights, other street furniture, on-street parking overhang, and any other approved public right-of-way dining area.

b. Placement of A-frame Signs in the Public Right-of-Way

In addition to meeting the above standards, A-frame signs which encroach into the public right-of-way are allowed with the issuance of an encroachment permit from the Engineering Services Department. Encroachment permits for A-frame signs in the public right-of-way shall require the submittal of the following information and are subject to the following limitations:

1. Submit a brief description of the proposed encroachment and its proposed location in the public right-of-way.

2. Submit a site plan, in a form acceptable to the Engineering Services Department and Community Development Department, showing local conditions, including street and sidewalk width, and location/dimensions of all street furniture and elements on the sidewalk.

3. The description and site plan shall be reviewed and accepted by the Community Development Department prior to the issuance of an encroachment permit by the Engineering Services Department.

4. A liability insurance policy naming the City as additionally insured in the amount of $1,000,000 shall be on file with the Engineering Services Department and the Community Development Department.

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

H. Zone: Limited Visitor-Serving Commercial (N-L-VSC) (R-30 OL)

This zone is intended to provide additional residential development opportunities to comply with the City's Regional Housing Needs Assessment (RHNA) allocation for sites to accommodate lower income housing with a minimum density of 25 units per acre and a maximum of 30 units per acre. Future development will be mixed-use to include residential and visitor-serving commercial uses, as well as a minimum of 30 traditional overnight accommodations. The eventual proposal will address a full range of affordability for the overnight accommodations.

1. N-L-VSC (R-30 OL) Permitted Uses: Permitted Uses in the N-L-VSC (R-30 OL) shall be the same as those permitted in the L-VSC Zone in Title 30, Section 30.09.010 and those permitted in the R-30 OL Zone in Chapter 30.16, of the Encinitas Municipal Code.

2. N-L-VSC (R-30 OL) Development Standards: Except as specified below, the development standards under the N-VSC R-30 OL Zone shall be those specified under Section 30.16.010 of the Encinitas Municipal Code for the R 30 Overlay Zone. In case of conflict between standards, those specified below shall prevail.

This zone is intended to provide for activities operated by the City, County, or other governmental agencies such as school districts, water districts, and sewer districts; other semi-public uses, such as hospitals and other private institutions may also be included.

All provisions of Title 30 of the Encinitas Municipal Code applicable to the P/SP zone shall apply under the N-P/SP zone.

This zone is intended to provide for the Leucadia Roadside Park which is historically significant. The park has been set aside for preservation as a public open space and passive recreational area. No private development may occur within this zone. Park development shall be approved by minor use permit, processed as required by Title 30 of the Encinitas Municipal Code. Refer to Section 4.5.8 for applicable design recommendations.

Except as otherwise specified herein, all provisions of Title 30 of the Encinitas Municipal Code applicable to the ER/OS/P zone shall apply under the N-HP zone.

This zone is intended to preserve public transportation rights-of-way to ensure adequate land is available for future transportation modes and compatible accessory uses, including public recreational trails, public parking, public parks, etc. In the North Highway 101 Corridor Specific Plan, the N-TC zone applies to the railroad right-of-way owned by the North San Diego County Transit District.

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

1. Permitted Uses: The development of all permitted uses shall be subject to Design Review.

If applicable, the Special Purpose Overlay Zones of Chapter 30.34 of Title 30 of the Encinitas Municipal Code, including the Coastal Bluff Overlay Zone, the Hillside/Inland Bluff Overlay Zone, the Floodplain Overlay Zone, the Cultural/Natural Resources Overlay Zone, the Agricultural Overlay Zone, the Public Facilities Overlay Zone, and the Scenic/Visual Corridor Overlay Zone shall apply to all properties within the North 101 Corridor Specific Plan area.

(Ord. 2015-01; Ord. 2016-08; Ord. 2017-03; Ord. 2019-04; Ord. 2019-08; Ord. 2019-14; Ord. 2019-16; Ord. 2021-04)