Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

Encinitas Municipal

Code

Encinitas, California

Current through

Ordinance 2015-09 and

the July 2015 code

supplement. For more

recent amendments to

this code, refer to the

CodeAlert

page.

This document is

provided for

informational purposes

only. Please read the full

disclaimer

Main Table of Contents

Ordinance List

Statutory References

CodeAlert - Recently

Passed Ordinances

PDF Version of the

Code

Links:

Encinitas, California -

Home Page

Contact:

City Clerk: (760) 633-

2601

Encinitas Municipal Code

Up Previous Next Main Collapse Search Print No Frames

Title 30 ZONING

Chapter 30.16 RESIDENTIAL ZONES*

* CodeAlert:

This topic has been affected by Ordinance No. 2015-01 and 2015-01. To view

amendments and newly added provisions, please refer to the CodeAlert Amendment List

30.16.010 Development Standards.

A. The development standards described in the tables below shall apply to the

residential zones and are minimums unless otherwise stated. These standards shall

apply to all land and buildings other than accessory buildings, permitted in their

respective residential zones. In addition to the development standards provided in this

chapter, each specific plan identified in Chapter 30.84, Specific Plans, may have

separate development standards for residential zones in their jurisdictional boundaries.

Refer to individual specific plans, as referenced in Chapter 30.84, for development

standards in residential zones within adopted specific plans.

For building height, see Section

30.16.010B6. For off-street parking requirements, see

Chapter 30.54.

1. Rural Residential Zones.

ZONE REQUIREMENTS RR RR-1 RR-2

a. Density (maximum dwelling units per net

acre)

0.123 (8 acres for

floodplain);

0.26—0.50 (2-4

acres depending on

slope)

1.0 2.0

b. Midrange Density

(See Section

30.16.010B1 & B2)

0.125 (8 acres for

floodplain);

0.38 (3 acres

depending on slope)

0.75 1.5

c. Net Lot Area 2,4, or 8 acres 1.0 acre 21,500 sq. ft.

d. Lot Width (ft.) 110 110 100

e. Cul-de-sac Lot Width (ft.) 30 at front setback 30 at front setback 30 at front setback

f. Panhandle Width on a Flag Lot (ft.) 20 20 20

g. Lot Depth (ft.) 150 150 150

h. Front Yard Setback (ft.) 30 30 30

i. Side Yard Setback (ft.) for each interior

side

4,5

15/15 15/15 10/10

j. Side Yard Setback (ft.) street side

5 20 15 15

k. Rear Yard Setback (ft.) 25 25 25

l. Lot Coverage (maximum percentage) 35% 35% 35%

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

2. Single-Family Residential Zones.

ZONE REQUIREMENT R-3 R-5 R-8 R-11/RS-11

a. Density (maximum dwelling units per net

acre)

3.0 5.0 8.0 11.0

b. Midrange Density

(See Section

30.16.010B1 & B2)

2.5 4.0 6.5 9.5

c. Net Lot Area (sq. ft.) 14,500 8,700 5,400 3,950

d. Lot Width (ft.) 80 70 60 40

e. Cul-de-sac Lot Width (ft.) 30 at front

setback

30 at front

setback

30 at front

setback

30 at front

setback

f. Panhandle Width on a Flag Lot (ft.) 20 20 20 20

g. Lot Depth (ft.) 100 100 90 90

h. Front Yard Setback (ft.) 25 25 25

i. Side Yard Setback (ft.) for each interior

side

4,5

10/10 10/10 5/10 (RS-11) 5/5;

(R-11) 5/0-5

j. Side Yard Setback (ft.) street side

5 10 10 10 10

k. Rear Yard Setback (ft.) 25 25 25 20

l. Lot Coverage (maximum percentage) 35% 35% 40% 40%

m. Floor Area Ratio 0.6 0.6 0.6 (Standard

Lot Sizes); 0.5

(Substandard

Lot)

3. Higher Density Single-Family and Multiple-Family Residential Zones.

ZONE REQUIREMENT R-15 R-20 R-25 MHP

a. Density (Maximum dwelling units per net acre) 15.0 20.0 25.0 11.0

b. Midrange Density (See Section

30.16.010B1 & B2) 13.0 17.5 22.5 9.5

c. Net Lot Area (sq. ft.) 20,000 20,000 20,000

d. Lot Width (ft.) 100 100 100

e. Lot Depth (ft.) 150 150 150

f. Front Yard Setback (ft.) 20 20 20

g. Side Yard Setback (ft.) for each interior side (Standard Lot)

5 15/15 15/15 15/15

h. Side Yard Setback (Substandard Lot) street side

3,5 5/5 5/5 5/5

i. Street Side Yard Setback (Standard Lot) (ft.)

5 20 20 20

j. Street Side Yard Setback (Substandard Lot)

3,5 10 10 10

k. Rear Yard Setback (ft.) 15 15 15

l. Rear Yard Setback Where Alley Exists 20 20 20

m. Lot Coverage (maximum percentage) 40 40 40

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

n. Building Height (See 30.16.010B6)

o. Distance between buildings on the same lot less than 16 ft. in height 15 15 15

p. Distance between buildings on the same lot greater than 16 ft. in height 20 20 20

FOOTNOTES

1. Requires a minimum 5-foot side yard setback for both side yards, unless a zero lot line development is

proposed. For zero lot line development, a 5-foot minimum side yard setback is required for one side yard with

a zero yard setback where the two units have common walls.

2. See Section

30.16.010C4 and D10.

3. Substandard lot under floor area ratio refers to a lot that does not meet the standard for lot area.

4. See Section

30.16.010B9.

5. See “Lot, Interior” in Section

30.04.010.

B. All Residential Zones. The following development standards shall apply to all

residential zones:

1. In determining the mid-range or maximum number of dwelling units

allowed for a property, multiply net acreage by the mid-range density or

maximum density given in Section

30.16.010A. Any fraction of a dwelling unit

shall be reduced to the next lower whole unit not less than one.

2. Net acreage is the slope adjusted gross acreage not including acreage of the

flood plains, beaches, permanent bodies of water, significant wetlands, major

power transmission easements, railroad track beds, existing and future rights-of-

way and easements for public or private streets/roads, and the area contained

within the panhandle portion of a panhandle lot in a zone where the minimum

required lot size is 10,000 square feet or less. The portion of access roadways or

easements internal to a project that are used exclusively to provide access to rear-

loaded garages are not required to be deducted from gross acreage. Driveways

providing access to dwelling unit(s) on one lot are not deducted from gross

acreage. Environmental constraints may reduce density.

a. The slope adjustment shall be required and is as follows:

i. All land in 0-25% slope of natural grade is allowed to use 100%

of acreage.

ii. All land in 25-40% slope of natural grade is allowed to use 50%

of acreage.

iii. All land in 40% + slope of natural grade is allowed to use 0% of

acreage.

iv. Five-foot contour maps available from the City shall be used for

calculating the slope adjustment.

b. The density of development shall be based on net acreage. Projects

proposing to create a total of four units/residential lots or less may exceed

mid-range density regulations without having to comply with the following

findings, so long as the project will not exceed maximum density. In order

to exceed mid-range density up to the maximum density for projects

containing five or more dwelling units or residential lots, allowed for the

subject site, the following findings must be made by the appropriate agency:

i. The project shows high sensitivity to the neighboring properties

and area to ensure compatibility with land uses and community

character; and

ii. The project design significantly exceeds the minimum standards

for development (lot size, setbacks, lot width and depth, landscape

standards and design standards); and

iii. The project either:

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

(A) Provides needed public improvements that are significantly

beyond the requirements for the project, or

(B) Provides private or public recreational facilities that

significantly exceed the project’s requirements, or provides other

significant benefits.

3. Street setbacks shall be measured from the ultimate street right-of-way

according to the City Engineer or the maximum required street width if the street

is proposed to be private or is now a private street.

4. When landscaping is required, landscaping shall consist predominantly of

trees, shrubs, ground cover and decorative rocks, except for necessary walks,

drives and fences. All required landscaping shall be maintained in a healthy and

thriving condition, free from weeds, trash, and debris.

5. Varieties of plants chosen for landscaping may be restricted through the

development review process to protect or preserve views. All required plantings

shall be maintained in good growing condition, and whenever necessary, shall be

replaced with new plant materials to ensure continued compliance with required

landscaping, buffering, and screening requirements. All landscaping shall be

maintained in a manner that will not depreciate adjacent property values or

otherwise adversely affect adjacent properties.

6. The following standards shall apply to building height limits for residential

buildings.

a. The standard height limit for residential buildings shall be the lesser of

two stories or the following height, all as measured to the top of a flat roof

(or in the case of a pitched roof to the top of the roof immediately above the

exterior plane of the wall below, including roofing material):

• 26 feet—RR to RR-1 zones citywide, RR through RR-2 in the

Olivenhain Community.

• 22 feet—RR-2 (except Olivenhain Community) and higher zones,

and substandard lots in the Olivenhain Community.

This height standard is subject to the following exceptions:

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

FLAT ROOF

i. On lots in R-3 to R-25 zones with greater than 10% slope, the

building height at the uphill side of the lot shall not exceed 12 feet

above the crown of the right-of-way. Where a street does not abut the

uphill side of the sloped lot or a panhandle portion of a lot exists, this

measurement shall be made at the property line located at the uphill

side of the lot (excluding the panhandle of a lot) except as provided

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

below. In no case shall the building exceed the applicable standard

height limit at any point unless provided by the Code. Lot slope shall

be determined in accordance with Section 30.16.010B6e.

ii. In all zones, elements such as towers (maximum diagonal

dimension of 12 feet), hips, gables, and spires may extend no more than

four feet above the permitted standard height limit. A roof that extends

above the permitted standard height limit shall have a minimum 3:12

pitch. Barreled roofs and roof decks shall be permitted provided the

design of the roof or deck railings do not extend beyond the envelope

of a projected pitch roof as authorized by this section. An additional

maximum of a two-foot projection (beyond the elements extending up

to four feet listed above) may be authorized by staff for chimneys,

provided: (1) the perimeter of the chimney does not exceed 120 linear

inches; and (2) the width of the chimney is no wider than 40 inches in

any direction; and (3) a required non-decorative spark arrestor

assembly may be added to the two-foot chimney; and (4) the building

height plus projections do not exceed 30 feet in height.

iii. Existing residential structures in the New Encinitas Community

constructed at a height exceeding the aforementioned 22 foot/26 foot

height may be remodeled or added to at the height of the existing

structure. The height of the existing structure shall be documented

through a height survey or other manner found satisfactory by the

Director, and the proposed addition/remodel must also maintain

substantially the same design character as the existing structure, also to

the satisfaction of the Director.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

b. All building permit applications for residential buildings shall provide

building height information at a sufficient number of locations to

substantiate that no point of the structure exceeds the standard building

height limit, projections do not exceed the height restrictions, and the

structure contains no more than two stories.

c. Natural grade shall be determined as follows. Natural grade may be

determined by the Planning and Building Director, or authorized agency

when a discretionary application is being reviewed, with consideration given

to:

i. The prevailing topography of the site which has existed for some

period of time prior to review of a project under consideration.

Documentation of the grade shown on photographs, historical

topographic surveys and/or in geotechnical reports prepared by certified

professionals may be utilized on a case by case basis to determine the

natural grade for purposes of development. The review shall take into

account the vegetation on the site, the existing earth forms at the time

of the review and the expectation that a reasonable person would

consider the grade to be natural. Small earth form irregularities in

topography, such as pits or mounds and similar features may be

disregarded;

ii. Grading or other modifications of earth forms which result in

gaining an advantage for future development, shall not be considered

natural grade when substantial evidence can reasonably document that

the grading or modifications of earth forms have resulted in

circumvention of the regulations in the Municipal Code.

d. Finished pad elevation shall be determined as follows: An approved

subdivision map may establish the finished building pad elevation from

which building height is measured with consideration given to on-site and

surrounding uses and terrain. Where the property is located significantly

below the level of existing streets (as determined by the Planning and

Building Director) a pad elevation, from which the building height is

measured, may be approved subject to a use or design review permit.

e. The slope of a lot shall be determined as follows:

i. For the purpose of determining whether a lot has a greater than

10% slope, the average lot slope within the building envelope (setback

lines) must be established. The average lot slope is determined by

calculating the total change in elevation from setback line to setback

line (rise/run), and is established by placing three run-lines across the

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

property and taking the combined average slope of the three lines. The

lines are to follow the slope of the property; i.e., they are to be placed

at right angles to the contour lines.

ii. For properties in which the run-lines parallel the property lines,

two run-lines shall be placed along the peripheral setback lines, with

the third line placed down the center of the property. For situations in

which the slope crosses the property at an angle, the three run-lines

shall be placed in such a way as to reveal average slope of the entire

building envelope, to the satisfaction of the Director of Planning and

Building. For properties of an irregular shape and topography,

additional run-lines may be required on the site plan to the satisfaction

of the Director of Planning and Building.

iii. Bluff-top properties with one property line located at the lower

portion of the bluff shall not be subject to a designation of greater than

10% lot slope, unless, using the method of measurement described

above, the portion of the property between the edge of bluff and the

opposite setback line is determined to exceed 10%. A bluff exists when

the vertical elevation between the top and the toe of the bluff is 10 feet

or more.

iv. All building permit applications for new residential construction

or additions on which slope determination is an issue must provide

topographic information in order for lot slope to be determined. For

properties with an average slope of five percent or less, and for

properties on which the owner is not disputing the degree of slope

being greater than 10%, the topographic information may be provided

by a note on the site plan indicating percentage of slope. For lots

sloping greater than five percent on which slope determination is an

issue, topographic information based on a permanent assumed

benchmark shall be depicted on the site plan. The topographic

information can be provided by the property owner, contractor,

architect, designer, land surveyor or civil engineer. If substantial

evidence is presented which indicates that the topographic information

is inaccurate, a certified survey shall be provided from a professional

land surveyor or civil engineer.

7. Floor area ratio (FAR) shall limit the amount of floor area of a building on a

lot. FAR is determined by dividing the total bulk floor area by the gross lot area

of the lot or lots on which one or more structures are located. The bulk floor area

is the area per UBC included within the surrounding exterior walls of a building

or portion thereof, exclusive of vent shafts, courts and architectural projections

not utilized as livable area. The floor area bulk of a building or portion thereof,

not provided with surrounding exterior walls shall be the usable area under the

horizontal projection of the roof or floor above. Bulk floor area excludes:

a. Floor area covered by a roof of open construction, such as a trellis,

sunscreen or lattice work, where the total square footage of the open spaces

of the covering is 50% or more of the total square footage of the floor area

below.

b. Floor area whose walls are of open construction, such as a trellis,

sunscreen or lattice work, or partial wall where 50% or more of the total

square footage of the vertical planes of the perimeter of the bulk floor area

is open.

c. Floor area which has less than five feet of headroom between the floor

and the ceiling.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

d. That portion of the floor in the basement.

e. Floor area used solely for the capture, distribution or storage of solar

energy.

f. Up to 400 square feet per dwelling unit for a garage or carport.

8. An animal kennel that was lawfully established and was in existence on

March 29, 1989 may expand and rebuild in accordance with the development

standards for the zone in which it is located. When an expansion increases the

intensity of the use, a major use permit shall be required. An increase in intensity

would include, but not be limited to, an increase in animals, customers, and

traffic, and a relocation or expansion of high activity areas (dog runs). When

structural alterations are proposed that do not increase the intensity of the use, a

design review permit shall be required pursuant to Chapter

23.08 of the

Municipal Code. Such structural alterations would include, but not be limited to:

building elevation redesign; landscaping, walkways and fences/walls, additions to

utility rooms, office space and lobby space. The permit (major use permit and/or

design review permit) shall be revoked only if the kennel is operated in a manner

contrary to law or the use is removed by the owner.

9. Additions to existing nonconforming residential structures that were legally

constructed prior to March 29, 1989, shall have an interior side yard setback in

accordance with the following:

a. The existing interior side yard setback of the existing building may be

maintained except that in no case shall the interior side yard setback of the

addition be less than:

i. Ten feet for a 15-foot required side yard setback.

ii. Five feet for a 10-foot required side yard setback.

b. Second story additions are allowed for an existing nonconforming two-

story dwelling based on the setbacks of paragraph 9a of this subsection B.

c. Additions in conformance with paragraph 9a above shall be limited to

one story for an existing nonconforming single story dwelling unless it is

determined that no view issues exist. Should no view issues exist based on

the filing of a conceptual review application and subsequent site analysis,

the Director of Planning and Building shall approve a second story addition

based on the setbacks of paragraph 9a above. The adjacent property owners

shall be notified of the decision and be given the opportunity of an appeal.

Should view issues exist a design review application must be filed and a

public hearing scheduled before the Community Advisory Board.

d. New construction on vacant lots or to replace demolished units shall

comply with the established interior side yard setbacks unless otherwise

permitted pursuant to Chapter

30.76 (Nonconformity Regulations) of the

Municipal Code.

e. Second story additions to existing single-story residential structures

which comply with the setback standards in effect at the time of building

permit application shall be processed in accordance with the standards

contained in this chapter.

10. Additions or enclosures for existing third story rooms and/or decks that were

legally constructed prior to March 29, 1989 may be approved through the design

review process if it can be found that the addition and/or deck enclosure:

a. Maintains some of the significant views enjoyed by residents of nearby

properties, and

b. That the remodeled building is compatible in bulk and mass with

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

buildings on neighboring properties, and

c. That the floor area ratio prescribed for the zoning district in which the

project is located is not exceeded.

11. For single-family residential zones, the following development standards

shall apply:

a. Front yard setbacks within subdivisions of five or more lots should

vary in a manner consistent with the pattern of development in the

surrounding neighborhood and consistent with the provisions of the

underlying zoning.

b. Garage placement/design standards for single-family subdivisions:

i. Garages shall be located to minimize or reduce their visual

presence, to the extent practical.

ii. In RR to R-3 Zones, the placement of garages on a single-family

lot shall vary; e.g., (a) located in the rear of the lot but accessed from

the front; (b) located in the front portion of the lot with either direct

access or side loaded; or (c) accessed from the alley or side street, or

combination. In R-5 to RS-11 Zones, the placement of garages on the

lot is encouraged to vary, to the extent practical.

iii. To the extent practical, access to the garage shall be from the

alley or side street, if available.

c. For a new tract front yard setbacks may be reduced up to 25% on a

maximum of one-half of the dwelling units within a residential tract;

however, no street setbacks shall be less than 20 feet to the garage for front

entry garages, and 15 feet to the garage for side entry garages.

12. Nonconforming general residential care facilities, if determined by City

review as being lawfully established and in existence on the date of adoption of

this Code section, may expand or rebuild in accordance with the development

standards for the zone where it is located. When an expansion increases the

intensity of the use, a major use permit shall be required. An increase in land use

intensity may include, but not be limited to: an increase in the number of

residents, traffic and/or noise impacts, or a relocation or expansion of outdoor

activity areas.

C. Single-Family Residential Zones (RR-2/R-3/R-5/R-8/RS-11). In the single-family

residential zones, the following development standards shall apply in addition to those

of subsections A and B of this section:

1. Residences shall be oriented with the rear of the residence toward collector

and larger streets where possible, consistent with the pattern of development in

the neighborhood.

2. Walkways connecting with City sidewalk/trail systems shall where practical

be provided in new residential developments.

3. Driveway or other concrete or asphalt concrete areas available for parking

shall not exceed 50% where practical of the required front yard area.

4. The front yard setback for R-11 zones may be reduced to 15 feet provided

that the subject parcel is substandard in either size or the depth of the lot, and an

alley abuts the rear of the parcel where the required parking is to be located. No

paving (impervious surfaces) shall be permitted in the front yard other than a

pedestrian sidewalk to the front entry with the rest of the front yard being

landscaped when the front setback is so reduced.

5. To the extent practical, access to the garage shall be from the alley or side

street, if available.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

D. Higher Density Single-Family and Multiple-Family Residential Zones (R-11/R-

15/R-20/R-25). In the higher density single-family and multiple-family residential

zones, including the conversion of apartments to condominiums, the following

development standards shall apply in addition to those of subsections A and B of this

section:

1. A minimum of 10% of the floor area of the unit shall be provided as private

open space for both ground floor units and units contained wholly on the second

floor. For units wholly on the second floor this open space may be provided by

outdoor decks.

2. Architecturally compatible trash enclosures, and adequate areas for

collecting and loading recyclable materials, screened from view of the roadway,

and convenient to all dwelling units within the project, shall be provided.

3. A minimum of 15 feet wide of screen type landscaping shall be provided

and maintained on the project side of any property line separating the project

from a rural residential or single-family residential zone.

4. A minimum of 250 cubic feet of lockable, enclosed storage area per unit

shall be provided within a garage/carport area, or within the main building.

5. Fully screened recreation vehicle parking areas shall be provided or the

development shall prohibit all parking of recreation vehicles.

6. A minimum of 30 trees per net acre shall be required as part of the project

landscaping; the trees shall consist of a combination of box specimen and 15

gallon sizes. Smaller sized trees may be approved provided said trees reach a

desired maturity height within three years after project occupancy.

7. A masonry wall, or equal six feet in height from the highest finished grade

may be required along the project’s rear and side property lines, unless the

property line separates two higher density residential projects. Where the adjacent

grade of abutting property is four feet or more lower or higher than the project

site, the masonry wall shall be a minimum of six feet in height. No walls are

required in front or street side yards unless needed for noise attenuation and/or

privacy. All masonry walls greater than four feet in height shall be planted with

vine cover material (or equal landscaping).

8. The following recreation facilities shall be provided unless waived during

the design review process:

a. Children’s play area.

b. Swimming pool.

c. Family picnic area.

9. Auxiliary Structures/Equipment and Utilities. The following development

standards related to auxiliary structures/equipment and utilities shall apply:

a. All roof appurtenances, including, but not limited to, air conditioning

units and mechanical equipment, shall be shielded and architecturally

screened from view from on-site parking areas, adjacent public streets and

adjacent properties;

b. All ground-mounted mechanical equipment, including heating and air

condition units, and trash receptacle areas and adequate areas for collecting

and loading recyclable materials, shall be completely screened from

surrounding properties by use of a wall, fence, or landscaping, or shall be

enclosed within a building;

c. All utility connections shall be designed to coordinate with the

architectural elements of the site so as not to be exposed except where

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

necessary. Pad-mounted transformers and/or meter box locations shall be

included in the site plan with an appropriate screening treatment. All new

and existing utility connections within the boundaries of the project shall be

placed underground, with the exception of existing overhead power

transmission lines in excess of 34.5 KV and long-distance and main trunk

communications facilities. Transformer, terminal boxes, meter cabinets,

pedestals, concealed ducts and other facilities may be placed above ground

provided they are screened with landscaping;

d. Trash receptacles and adequate areas for collecting and loading

recyclable materials enclosed by a six-foot high masonry wall with view-

obstructing gates shall be provided in an acceptable location;

e. Outdoor storage and sales areas shall be entirely enclosed by solid

masonry walls not less than six feet in height to adequately screen such

areas from view. Reasonable substitutions such as masonry, wood or metal

pilasters with wrought iron or chain link and view obscuring material may

be approved during design review.

10. The front yard setbacks may be reduced to 15 feet provided that the subject

parcel is substandard in either size or the depth of the lot, and an alley abuts the

rear of the parcel where the required parking is to be located. No paving

(impervious surfaces) shall be permitted in the front yard other than a pedestrian

sidewalk to the front entry with the rest of the front yard being landscaped.

E. Accessory Structures. In all residential zones, the following development

standards related to accessory structures shall apply (refer to Chapter

30.48, Accessory

Use Regulations, for additional standards related to accessory uses, location, quantity

permitted, size, etc. of permitted accessory structures):

1. A detached accessory structure shall meet the setback requirements of the

main building for the front and street side yard areas.

2. An accessory structure shall comply with applicable floor area ratio

standards with the exception to play houses, storage sheds, and other structures

that do not require a building permit.

3. A detached accessory structure may be located within a required interior

side yard or rear yard setback area provided that such structure is located no

closer than five feet to an interior side or rear lot line, and shall not cover more

than 50% of the required interior side or rear yard.

4. A detached accessory structure shall be at least six feet from the main

structure or other structures on the property with eaves not less than four feet

from the main structure or other structure. A detached accessory structure shall

have no projections beyond the five-foot setback established by paragraph 3 of

this subsection E except for roof eaves. Roof eaves may project a maximum of

two feet into the required five-foot setback.

5. Accessory structures located within a required side yard or rear yard setback

area shall be limited to one story and 12 feet in height. Roofs pitched not less

than 3:12 may extend an additional two feet to a maximum 14 feet, to peak of

roof. Detached accessory structures that meet the main building setbacks and do

not project into any required setback area may have a building height as outlined

for residential structures. See subsection B6 of this section. See paragraph 10 of

this subsection E for standards related to minor accessory structures.

6. Swimming pools and spas may be located within the required interior or rear

yard provided they are no closer than three feet to interior side and rear lot lines.

Swimming pools may occupy more than 50% of the required rear yard. Pool

equipment may be located no closer than three feet to interior side, street side or

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

rear lot lines, and shall be fully screened (i.e., landscaping or fencing) from any

adjacent property. Swimming pools and spas shall comply with all fencing

requirements as set forth in subsection F3 of this section.

7. Canopies, covers for a patios/decks with the floor less than 30 inches above

grade, and breezeways attached to the main building or connecting the main

building with a detached accessory building, may extend into a required rear or

interior side yard provided that portions of such structures extending into the

required yard area meet the following:

a. The canopy, covered patio/deck, or breezeway shall not exceed 12 feet

in height or project closer than five feet to an interior side yard lot line or

closer than 10 feet at the rear lot line;

b. The canopy, covers for a patio/deck or breezeway shall be entirely

open on at least three sides except for necessary supporting columns. A roof

connecting a main building and an accessory building shall be open on two

sides.

8. Architectural features of the primary structure, such as porches, steps, eaves,

awnings, chimneys, decks, balconies, stairways, wing walls, or bay windows,

window seats, fireplaces, planters, roof overhangs and other architectural

projections which do not create additional livable area may project into any front

or rear yard not more than four feet. Such projections are permitted to project into

any side yard area no more than that identified below:

Required Side Yard

Setback

Max. Vertical Projections

Max. Horizontal

Projections

5 feet 6 feet 2 feet

10 feet 8 feet 3 feet

15 feet N/A 5 feet

20 feet N/A 5 feet

The maximum vertical projection is the vertical height of a projection that would

be permitted in the side yard setback area. The height is measured from the

lowest point of the architectural feature to the highest point within the side yard

setback.

9. A tennis court fence may be located within an interior side yard or rear

yard; provided that the structure is located no closer than five feet to an interior

side or rear lot line and said fence does not exceed 12 feet in height.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

10. Minor accessory structures refers to non-habitable structures such as small

play houses and storage sheds that are accessory to a residential use and that are

not otherwise regulated by this chapter and that are not regulated with a building

permit under the City’s adopted building code. Such structures may be permitted

to encroach to interior side and rear property lines subject to the following

limitations:

a. Minor accessory structures may be located within the interior side yard

and rear yard setback provided that a minimum of five feet is maintained for

clear access between the minor accessory structure and any other structure,

other than a fence, retaining wall, or similar structure.

b. Minor accessory structures shall be limited to one story with a

maximum height limit of 10 feet.

c. Minor accessory structures shall not exceed 120 square feet of floor

area or projected roof area per structure. No more than four minor accessory

structures shall be allowed on any site.

d. Accessory structures that otherwise meet the above limitations but

require a permit under the City’s adopted codes for plumbing, electrical,

mechanical, or any other purposes shall not be considered a minor accessory

structure and shall be subject to the issuance of a building permit and shall

be subject to the typical setback and height standards outlined for accessory

structures.

e. When located within five feet of a side or rear property line, minor

accessory structures may not cumulatively extend for more than 50% of the

length of a rear property line or for more than 25% of the length of a side

property line.

11. For those parcels located under the Coastal Bluff Overlay Zone, Section

30.34.020B shall apply.

F. Fences and Walls. In all residential zones, the following development standards

related to fences and walls shall apply.

1. Fence Regulations. The following development standards shall apply to

fences and walls.

a. Front Yard. In any front yard within 15 feet from the property line or

road easement, a fence shall be limited to four feet in height, but may be

constructed to a maximum of six feet provided that the top two feet of the

fence is of material being at least 50% open which provides for visibility

through that portion of the fence, except as provided herein and in

subsections D and E of this section.

b. Street Side, Interior Side and Rear Yard. In any street side yard,

interior side yard or rear yard, a fence shall be limited to six feet in height,

except as provided herein and in subsections D and E of this section.

c. Street Corner, Sight Distance. Within 15 feet of an intersection of two

streets or a private easement providing vehicular access to two or more

primary dwelling units, a fence may not exceed four feet. A greater setback

may be required by the Director of Public Works if the proposed wall or

fence is determined to be in an unsafe location.

2. Noise Attenuation Wall. A six-foot solid wall may be approved in any

required setback upon review of a noise study prepared by a recognized acoustical

engineer demonstrating the need for a noise attenuation wall and, if required by

the Director of Public Works, an analysis of adjacent road intersection

demonstrates that adequate sight distance is maintained.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

The residential fence standards contained in paragraphs 1 and 2 of this subsection

F are summarized as follows:

Maximum Fence Height

FRONT STREET STREET CORNER INTERIOR SIDE REAR

4 feet solid + 2 feet 50%

open

6 feet solid 4 feet solid 6 feet solid

6 feet solid w/15-foot

setback

4 feet w/15 feet from

corner

6 feet solid w/15-foot

setback

3. Pool Fencing Requirements. A minimum five-foot fence with self-latching

gate shall be provided to enclose all pools and spas as set forth in Section

11.04.020L of the Municipal Code which adopts Title 7, Chapter 3.5 of the

County of San Diego Code by reference.

4. Temporary Fence Materials. Fiberglass sheeting, bamboo sheeting, or other

similar temporary material shall not be permitted as a fencing material on street

yard frontages.

5. Tennis Court Fencing. Fences surrounding tennis courts may be located

within an interior side yard or rear yard provided that the fence is located no

closer than five feet to an interior side or rear lot line and said fence does not

exceed 12 feet in height.

6. Barbed Wire and Electrical Fencing. Barbed wire and electrical fencing are

prohibited in all residential zones, except for the following:

a. Barbed wire is permitted for agricultural uses only.

b. High voltage electrical fencing is permitted for containment of large

animals subject to the following regulations:

i. Electrical fencing may be maintained on the property line at a

maximum of six feet in height. When the electrical fence is adjacent to

a public road or access easement, the electrical fence shall be located

on the inside of a nonelectrical fence.

ii. Permits shall be obtained from the Building Department unless

exempt. UL (Underwriters Laboratory) approved and other recognized

agencies approved electrical fencing is exempt from permits.

iii. Appropriate signage shall be posted to give notice of the

electrical fencing.

(Ord. 89-41; Ord. 90-16; Ord. 92-21; Ord. 92-30; Ord. 93-14; Ord. 93-18; Ord. 94-02; Ord.

94-11; Ord. 97-17; Ord. 2003-08; Ord. 2003-10; Ord. 2005-03; Ord. 2006-06; Ord. 2010-

13; Ord. 2014-12)

30.16.020 Special Provisions.

A. Lot Area Averaging. The purpose of lot area averaging is to allow flexibility in

lot design so as to minimize grading and preserve steep natural slopes and other

environmental resources. The intent is that lots shall relate to the topography so as to

ensure the preservation of unique topographic features, riparian or woodland areas, and

other significant features of community importance. Lot area averaging shall not be

used to create recreational or other open space for the exclusive use of the residents of

the subdivision or for the use of the general public on a fee or membership basis, or

for any other purpose for which approval of a planned residential development or

specific plan would be the appropriate process.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

1. Use Permit Required. Lot area averaging for subdivisions creating four or

fewer lots in a residential zone may be approved pursuant to a minor conditional

use permit, and subdivisions creating five or more lots are subject to major

conditional use permit approval as described in Chapter 30.74.

2. General Requirements. Except where specifically modified in this section,

all coverage, height, parking, and other requirements shall be as described in

Chapter

30.16. Lot area averaging projects shall be subject to the following

criteria:

a. The density of development (number of available lots) is calculated by

the method described in this chapter. Lots designed for residential use may

be smaller than that allowed by the underlying zoning; however, the density

allowed by the underlying zoning of the subdivision shall not be exceeded

except as permitted through approval of a density bonus pursuant to Section

30.16.020C.

b. The area(s) to be left as open space is determined and the available

residential lots are distributed within the non-open space area of the

property.

c. All lots and easements in the subdivision designated for open space

shall be permanently reserved in a manner that makes the City of Encinitas a

party to and entitled to enforce the reservation. For purposes of this section,

“open space” shall mean those areas deemed by the City to be of significant

community importance including, but not limited to, riparian and woodland

habitat, sensitive biological areas, unique topology, and so forth.

d. None of the lots, except any remainder parcels, can be further

subdivided. A note on the final map and a covenant to that effect shall be

recorded.

e. Private streets shall be permitted.

B. Planned Residential Development. The planned residential development (PRD)

regulations are intended to facilitate development of areas zoned for residential use by

permitting greater flexibility and, consequently, more creative and imaginative designs

for the development of such residential areas than is generally possible under

conventional zoning and subdivision regulations. These regulations are further intended

to promote more economical and efficient use of land while providing a harmonious

variety of housing choices, a higher level of residential amenities, and preservation of

natural resources and open space. Affordable housing opportunities are encouraged

through the application of this section, the density bonus provisions pursuant to Section

30.16.020C, and the accessory apartment provisions pursuant to Section 30.48.040W.

A PRD may be approved for any residentially zoned property. Attached unit

development within a PRD is permitted in a single-family zone provided that the

Planning Commission finds that such development is compatible with, and will not

adversely affect neighboring properties.

1. Use Permit Required. All planned residential development proposals are

subject to approval of a major conditional use permit as described in Chapter

30.74.

2. Pre-application Conference. Prior to submitting an application for a use

permit for a planned residential development, it is recommended that a

prospective applicant should consult with the Planning and Building Department

to obtain information and to review the proposed application. At the applicant’s

request and after payment of a pre-application fee, the Department will schedule

a conference to be attended by the applicant, representatives of the various City

departments, and a subcommittee of the Planning Commission composed of the

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

chair and vice-chair.

3. General Requirements.

a. Planned residential developments shall relate harmoniously to the

topography of the site, shall make suitable provision for the preservation of

steep slopes, water courses, drainage areas, wooded areas, rock

outcroppings, and similar natural features, and shall otherwise be designed

to retain such natural features to the greatest extent possible.

b. Lots and structures shall be designed to follow and not significantly

alter the natural contour of the land.

4. Development Criteria. All height and other requirements not specifically

modified by this section shall be as described in Chapter

30.16. All parking

requirements not specifically modified by this section shall be as described in

Chapter 30.54.

a. Density. The density of development (number of available lots or units)

is calculated as described in this chapter. The maximum density allowed by

the project area’s underlying residential zoning shall not be exceeded except

as permitted through approval of a density bonus pursuant to Section

30.16.020C.

When a proposed project area contains two or more residential zones, the

maximum number of dwelling units shall be the total of the dwelling units

permitted under each of the component zones. The dwelling units in a PRD

containing two or more residential zones may be distributed within the

development without regard to the boundaries of the component zones

provided that the authorized agency makes the following findings:

i. The density transfer is compatible with existing development in

the surrounding area; and

ii. The transferred density is consistent with applicable General Plan

land use designations and policies.

b. The area(s) to be left as open space is determined and the available

residential lots are distributed within the non-open space area of the

property;

c. None of the lots, including the open space lot(s) but excluding any

remainder parcels, can be further subdivided. A note on the final map and a

covenant to that effect shall be recorded.

d. Minimum Lot Area, Lot Width and Depth, Lot Coverage. Lot areas, lot

width and depth, and lot coverages for a PRD shall be determined as part of

the approval for a major conditional use permit.

e. Setback Requirements.

i. Perimeter. Buildings will be set back a minimum of 20 feet from

all exterior property boundaries unless the Planning Commission finds

that a lesser setback is appropriate, based on site-specific design.

ii. No building, except as provided hereafter, shall be closer than

five feet from any interior vehicular or pedestrian way, court, plaza,

open parking lot or any other surfaced area reserved for public use or

for the use in common by residents of the planned development. Such

setback shall be generally measured from the nearest edge of a

surfaced area; provided however, that where no sidewalk exists in

conjunction with a public or private street, such setback shall be

measured from the nearest edge of the street right-of-way or private

road easement.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

iii. Between Buildings. A minimum of 10 feet shall be provided

between all single story buildings (except minor accessory structures as

defined in this chapter) located on the same lot.

iv. Setback for Garages Having Straight-in Access From a Public or

Private Street. There shall be a minimum setback of 20 feet from a

garage to the nearest edge of a sidewalk, or where no sidewalk exists,

the easement or right-of-way edge of a private or public street. The

setback may be reduced to five feet provided that the width of the

street or private driveway is adequate to accommodate parking on one

side. Garages directly facing a street or driveway having less than the

20-foot setback shall be equipped with an automatic garage door

opener.

v. All other minimum setback requirements (except for bluff

setbacks and setbacks from environmental resources) may be

determined by the Planning Commission as part of the conditional use

permit approval for a PRD.

f. Prior to approval of a PRD, the applicant shall submit plans illustrating

the proposed building envelopes on individual lots.

5. Open Space. A PRD shall contain developed and undeveloped open space

areas. Developed open space areas are intended to provide recreational facilities

for either the common use and enjoyment of the residents and guests of the PRD

or public use, while undeveloped open space is intended to preserve the site’s

natural features. Land occupied by buildings, streets, driveways, vehicle parking

spaces and/or storage, and trash and recycling storage may not be counted toward

meeting this requirement.

a. Amount of Required Open Space. A minimum of 40% of the site area

shall consist of open space for all portions of a PRD.

b. Developed (Recreational) Open Space. From the required open space

as determined in paragraph 5a of this subsection B, developed open space

shall be provided at a minimum ratio of 365 square feet for each single-

family unit, and 260 square feet for each multifamily unit. This requirement

may be satisfied with active and/or passive recreational facilities, including,

but not limited to, the following: spas, saunas, swimming pools, cabanas,

recreation rooms, ball courts, athletic fields, barbecue areas, “tot lots,” and

flat grassy play areas with an average slope of less than 15%.

As provided in Section

23.98.050E, the developed (recreational) open space

may be credited toward the City requirements for park land dedication.

c. Undeveloped Open Space. The remainder of the required open space

may be either improved or left in its native state to preserve significant

natural features such as steep slopes, sensitive biological habitat, rock

outcroppings, water courses, drainage areas, and the like. Areas devoted to

natural or improved flood control channels and those areas encumbered by

flood control or drainage easements, as well as riding and hiking trails

designated on a community or sub regional plan map, may be counted

toward satisfying this portion of the open space requirement.

That portion of the required open space the City deems worthy of preserving

in its native state shall be protected by a recorded open space easement (or

other instrument satisfactory to the City) to which the City is a part.

d. To increase its functionality, open space areas shall have a minimum

dimension of at least 10 feet in width, and should be linked together to the

extent feasible.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

e. All parts of the required developed (recreational) open space shall be

reserved for use in common by the residents and guests of the PRD.

Alternatively, an applicant may elect to dedicate the open space to the City

for public use, if such dedication is acceptable to the City. Areas designated

for permanent open space shall be reserved for the use and enjoyment of the

residents and their guests in a manner which makes the City a party to and

entitled to enforce the reservation. If the developed open space is dedicated

to the City for public use, adequate provisions for public use shall be made

to the satisfaction of the Planning and Building Department and Parks

Department. This is not to exclude public use of riding and hiking trails

located within undeveloped open space as identified in paragraph 5c of this

subsection B.

f. Phasing. If the PRD is to be developed in phases, the PRD plan shall

coordinate improvement of the open space, construction of buildings, and

other improvements so that each development stage achieves a proportionate

share of the total open space and recreational amenities.

6. Street Improvements. All public streets within or abutting the proposed

planned development shall be dedicated and improved to City specifications for

the particular classification of street. When the developer desires to retain any

private streets within the development, such streets and their maintenance shall

conform to the applicable provisions of Municipal Code Chapter

24.29, and shall

be consistent with the private road standards as adopted by the City Council.

7. Parking and Recreational Vehicle Storage. Recreational vehicle storage

facilities are not required. However, all open parking areas and any provided

storage facilities shall be adequately screened with landscaping from nearby

residences within the development, residentially zoned properties adjacent to the

development boundaries, and any significant public views into the project.

Parking spaces reserved for the storage of recreational vehicles or equipment

shall not be counted toward fulfilling the development’s minimum parking

requirement.

8. The minimum lot size, design, setback (except for bluff setbacks and

setbacks from environmental resources) and coverage standards for residential

zones may be modified or reduced through a PRD project to allow for smaller

lots, including individual “postage-stamp” lots with individual attached dwelling

units.

9. In planned residential developments, the need for trash receptacle areas and

adequate areas for collecting and loading recyclable materials will be evaluated

on a case by case basis. If it is determined that a development project must

provide the aforementioned areas, trash enclosures and adequate areas for

collecting and loading recyclable materials must be architecturally compatible

with the development, screened from view of the roadway and convenient to all

dwelling units within the project.

C. Density Bonuses Pursuant to

Government Code Section 65915. When a developer

of residential units agrees to construct any one of the types of residential projects

described in Government Code Section 65915(b), and which complies with all

standards set forth in Government Code Section 65915, the City shall grant a density

increase of 25% over the otherwise maximum allowable residential density under the

applicable zoning ordinance and land use element of the General Plan and one other

concession or incentive in accordance with Section 65915 of the Government Code and

all of the following:

1. Approval of a density bonus and any other regulatory concession(s) shall be

obtained through a MUP application. In the Coastal Zone, approval of a coastal

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

development permit shall also be required.

2. Very low, lower income, and housing units reserved for qualifying residents

as defined by Civil Code Section 51.2 shall be maintained for a minimum of 30

years through execution and recordation of a covenant between the developer

(property owner) and the City.

3. In lieu of a density bonus and other concessions, the City may instead

provide other incentives of equivalent financial value based upon the land cost

per dwelling unit, provided they are not inconsistent with the policies and

development standards of the certified Local Coastal Program.

4. In the Coastal Zone, the density bonus shall be calculated based on the

otherwise maximum allowable residential density under the applicable zoning

ordinance and land use element of the General Plan. The otherwise maximum

allowable residential density shall mean the maximum potential density modified

by applying all site-specific environmental development constraints identified

within the coastal zoning ordinances and land use element certified by the Coastal

Commission. The density bonus shall be applicable to housing developments

consisting of five or more units.

5. In the Coastal Zone, any housing development approved pursuant to

Government Code Section 65915 shall be consistent, to the maximum extent

feasible and in a manner most protective of coastal resources, with all otherwise

applicable certified Local Coastal Program policies and development standards.

Approval of development proposed under this section shall require a finding that

the development, if it had been proposed without the 25% density increase, would

have been fully consistent with the policies and development standards of the

certified Local Coastal Program. In cases where a 25% density increase is granted

pursuant to Government Code Section 65915 and results in development

inconsistent with otherwise applicable certified Local Coastal Program policies

and development standards, such as height, parking, and setback requirements,

the relief granted from such standards shall be considered an additional incentive

under Government Code Section 65915(h).

6. A qualifying housing development shall receive one of the incentives

identified in

Government Code Section 65915(h) in addition to a 25% density

bonus unless it is found that the additional incentive is not required in order to

provide for affordable housing costs or rents. In the Coastal Zone, any incentives

must be consistent, to the maximum extent feasible and in a manner most

protective of coastal resources, with all certified Local Coastal Program policies

and standards otherwise applicable to development not subject to Government

Code Section 65915. In choosing between incentives, priority shall be given to

those incentives most protective of coastal resources so as to avoid any

development within or adjacent to wetlands or other environmentally sensitive

areas or any development within or adjacent to geologic hazard areas, or any

development which would result in any significant adverse impacts on coastal

access and recreation.

7. The City may prepare an LCP amendment for certification by the Coastal

Commission that would include maps identifying areas within the City where

density bonuses in excess of 25% may be permitted based on a finding that no

adverse impacts on coastal resources would result. (Ord. 93-08; Ord. 93-14; Ord.

95-04; Ord. 96-07; Ord. 2003-10)

30.16.030 Mobile Home Park Zone (MHP).

A. The provisions of this section, inclusive, shall be known as the “Mobilehome

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

(Manufactured Home) Regulations.” The purpose of these provisions are to:

1. Supplement the zone regulations applied to mobilehomes with additional

standards and procedures which will promote a satisfactory living environment

for residents of mobilehomes and will permit a mix of mobilehomes and other

types of housing within the county.

2. Better facilitate utilization of mobilehomes as a housing resource.

3. Permit greater diversity in the types of mobilehome parks.

B. Application. The provisions of this section, inclusive, shall be known as the

“Standard Mobilehome Park Regulations.” These provisions shall apply to all uses

classified in the mobilehome residential use type.

C. Use Permit Required. A standard mobilehome park may be authorized where

permitted by the use regulations upon the issuance of a major use permit as provided

by the use permit procedure.

D. Pre-Application Conference. Prior to submitting an application for a use permit

for a mobilehome park, a prospective applicant should consult with the Planning and

Building Department to obtain information and to inform the Department of the

applicant’s intentions. If requested by the applicant, the Department will schedule a

conference to be attended by the applicant and representatives of the various City

departments, and other agencies as the Department consider necessary. Such a

conference shall provide an opportunity to review the applicant’s intended plan, and

identify potential requirements or subjects requiring particular attention prior to the

applicant entering into binding commitments or incurring substantial expense in

preparing plans, surveys, and other data. The applicant shall provide a map showing

the proposed mobilehome park site, existing topography, adjoining road rights-of-way,

and public access.

E. General Standards—Standard Mobile Parks.

1. Minimum Area. A standard mobilehome park shall be not less than five

acres in area.

2. Density. A standard mobilehome park shall conform to the applicable

density regulations.

3. Reclassification. Prior to final construction approval for any new or

expanded standard mobilehome park, the owner shall obtain a zone

reclassification to a MHP zone. Such reclassification requirement may be waived

by the Director when a tentative subdivision map is filed concurrently with the

related use permit appreciation.

4. Factory-Built Housing. Factory-built housing shall be attached to a

permanent foundation system and conform to all other requirements of Section

18611 of the

Health and Safety Code.

F. General Development Criteria—Standard Mobilehome Parks.

1. Compatibility with Adjacent Land Uses. The standard mobilehome park

shall be designed and developed in a manner compatible with and complementary

to existing and potential residential development in the immediate vicinity of the

project site. Site planning on the perimeter shall give consideration to protection

of the property and its residents from adverse surrounding influences, as well as

protection of the surrounding areas from potentially adverse influences within the

development. A mobilehome park shall relate harmoniously to the topography of

its site, make suitable provision for reservation of water courses, wooded areas,

rough terrain, and similar natural features and areas, and shall otherwise be so

designed as to use such natural features and amenities to best advantage.

2. Setback—Perimeter. Mobilehome and building within a standard

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

mobilehome park shall maintain the following setbacks.

a. A side yard and rear yard setback of at least 15 feet from the exterior

boundary of the mobilehome park.

b. A setback of 50 feet from the centerline of any street along the exterior

boundary of the mobilehome park, except that when such street has a right-

of-way greater than 60 feet, a setback of 20 feet shall be maintained from

the nearest edge of the street right-of-way.

3. Setbacks. No recreational area or facility specified in the major use permit

as being intended for the use of more than one family shall be permitted within

100 feet of an external boundary which adjoins, or is separated only by a

boundary street from land in any residential zone; provided, however, that where

permanent intervening open space at least 100 feet in width exists on adjacent

property, this restriction may be modified.

4. Open Space. At least one substantial area of group usable open space shall

be provided. Such area shall:

a. Be of such size and shape that each side of the rectangle inscribed

within it is at least 100 feet in length.

b. Include outdoor recreational facilities for both active and passive

recreation.

5. Recreational Facilities. Completely enclosed indoor recreation facilities shall

be provided and shall consist of not less than 10 square feet for each dwelling

unit. Outdoor recreational facilities shall provide for both active and passive

recreation. This recreation area shall be landscaped, improved and maintained.

6. Interior Access Drives. Interior private access drives shall be paved with at

least two inches of asphaltic concrete to a width of not less than 25 feet. All

corners shall have a minimum 25-foot radius.

7. Storage Area. Common storage areas shall be provided with an enclosed

fenced area for the residents of the mobilehome park for the storage of

recreational vehicles, trailers, travel trailers, and other licensed or unlicensed

vehicles. This area shall total not less than 50 square feet for each mobilehome

lot. All storage on a mobilehome lot shall be in accordance with the provisions of

Title 25 of the

California Administrative Code.

8. Sewer and Water. Each mobilehome lot in a mobilehome park shall be

provided with water and sewer connections in accordance with Title 25 of the

California Administrative Code. Water shall be provided by a water supplier

having a valid permit from the California Department of Health or the

Department of Health Services. Public sewers shall be provided by a public

agency which has obtained discharge requirements approved by the appropriate

California Water Quality Control Board. Individual sewer disposal systems shall

be approved by the Department of Health Services.

9. Undergrounding. All sewer and water facilities, electric, gas, telephone, and

television signal distribution systems shall be placed underground.

10. Antennas. A master antenna television (MATV) system shall be provided

with underground cable service to at least all mobilehome and other buildings

containing dwelling units. This MATV system shall be provided at no charge for

service. This requirement may be met by the provision of an underground cable

television (CATV) system by a county-licensed CATV operator. No other

television antennas shall be permitted unless authorized by the major use permit.

11. Fire Protection. On and off-site fire hydrants and other fire protection

facilities shall be installed as specified in the major use permit and shall be of a

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

type approved by the chief of the local fire protection district.

12. Night Lighting. Artificial light shall be provided and maintained for walks,

driveways, parking areas, and other facilities as specified in Title 25 of the

California Administrative Code, to assure safe and convenient nighttime use.

13. Street Access. Each mobilehome park shall have direct vehicular access

from a publicly maintained street. This requirement does not apply to the

expansion of an existing mobilehome park when adequate access is obtained

through the existing portion of the mobilehome park.

G. Mobilehome Lot Development Criteria—Standard Mobilehome Parks. For

purposes of mobilehome lot development criteria as used in this section, mobilehome

shall also include factory-built housing as defined in Section 19971 of the

Health and

Safety Code.

1. Density of Occupation. Each mobilehome lot shall be designed to be

occupied by one mobilehome and uses thereto.

2. Lot Size. Each mobilehome shall have the minimum size indicated below

based on its occupancy.

Occupancy Minimum Lot Size (excluding interior access

drives)

A mobilehome not more than 14 feet in

width containing 1 dwelling unit

1,850 square feet

A mobilehome more than 14 feet in

width containing 1 dwelling unit

3,000 square feet per dwelling unit

3. Coverage. Not more than 75% of the area of a mobilehome lot shall be

covered by the mobilehome and its accessory structures.

4. Setback from Interior Access Drive. Each mobilehome lot shall have a front

yard setback of not less than five feet extending the entire width of the

mobilehome lot. A front yard will be measured from the nearest element of the

mobilehome or any mobilehome accessory structure to the closest edge of the

interior access drive.

5. Side Yard Setback. Each mobilehome lot shall have a side yard in

accordance with Title 25 of the

California Administrative Code of not less than

three feet in width along the entire length of the mobilehome lot. A mobilehome

lot containing a mobilehome having a height of more than one story shall have a

side yard of not less than five feet in width along the entire length of the

mobilehome lot.

6. Rear Yard Setback. Each mobilehome lot shall have a rear yard in

accordance with Title 25 of the

California Administrative Code of not less than

three feet and shall extend across the entire width of the mobilehome lot. A

mobilehome lot containing a mobilehome having a height of more than one story

shall have a rear yard of not less than five feet along the entire width of the

mobilehome lot.

7. Access. All mobilehome lots and recreation facilities shall have access only

from an interior access drive.

8. Homes on a Permanent Foundation. No dwelling unit shall be placed on a

permanent foundation in a mobilehome park where tenants rent or lease spaces to

accommodate their individually owned units. These provisions shall not apply to

subdivided parks where the dwelling units are not owned by the tenants or to

parks where the minimum term of lease for a space is 55 years.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

9. Number of Dwelling Units to be Specified. Each lot in a mobilehome park

shall be designated on the plot plan of the related use permit and shall specify the

number of dwelling units permitted.

H. Modification of Requirements. Modification of the development criteria of

subsections F and G of this section may be granted by the approving authority when it

determines that such modification would not be detrimental to the subject

development, adjacent properties and residents, the public interest, or the General Plan.

No modification shall be granted from any requirements specified in Title 25 of the

California Administrative Code which are not subject to local modification.

I. Accessory Uses and Structures Permitted. The following accessory uses and

structures may be permitted in mobilehome parks provided that they conform to the

requirements of Title 25 of the

California Administrative Code:

1. Convenience Structures. Awnings; portable, demountable, or permanent

cabanas; storage cabinets and buildings; fences or windbreaks; carports; garages

or porches; greenhouses; bathhouses; and other accessory structures permitted by

Title 25 of the

California Administrative Code.

2. Recreational Facilities. Parks, playgrounds, riding and hiking trails, golf

courses, lakes, stables and riding rings, recreational buildings, clubhouses,

community centers, and similar uses and facilities; provided that all such uses and

facilities are designed for and limited to use by residents of the mobilehome park

and their guests, and that such uses and facilities are not authorized on the

individual mobilehome lots.

J. Subdivision of Existing Mobilehome Parks, Additional Requirements. A standard

mobilehome park may be subdivided in accordance with the applicable provisions of

City’s Municipal Code relating to subdivisions and shall also comply with the

following additional requirements.

1. Parks Established by Use Permit. Prior to approval of a final map for a

standard mobilehome park, the owner shall apply for modification of the related

use permit to add a condition to require reservation and maintenance of all

common areas for common use and enjoyment of the residents in a manner which

makes the City or a public district or a public agency a party to an entitled to

enforce the reservation. Such reservation shall include arrangements, satisfactory

to County Counsel, to assure maintenance of all buildings, structures, streets and

landscaping located within said common areas.

2. Parks Established Without Use Permit. An existing mobilehome park which

was not established pursuant to the mobilehome park regulations may be

subdivided only upon determination by the Director that such mobilehome park

was legally established in accordance with the nonconformity regulations.

In addition, prior to approval of a final map for such mobilehome park, the owner

shall obtain a major use permit which includes a condition to require reservation

and maintenance of all common areas in the manner specified in paragraph 1 of

this subsection J.

3. All Existing Mobilehome Parks. All applications to subdivide an existing

mobilehome park shall be accompanied by the following additional information

and/or documents.

a. The number of spaces within the existing park.

b. A list of names and addresses of all tenants within the park for use by

the Department in giving notice.

c. The date of manufacture and size of each mobilehome and the current

replacement value affected by the relocation. The replacement value shall be

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

determined in the same manner as used by standard insurance replacement

criteria.

d. The estimated cost of relocation of each mobilehome affected by the

proposed change of use.

e. The length of tenancy by each tenant.

f. The estimated income, age and number of tenants affected by the

proposed change of use.

g. The number of alternative sites available to the tenants including

written commitments from the owners of those parks to accept the relocated

units and tenants.

h. A time table for vacating the existing park.

i. A statement and concept plan indicating what use the park site is

intended to accommodate.

j. Evidence satisfactory to the Director that mutually acceptable

agreements have been reached on the part of the park owner and all tenants

to vacate the park upon recording of a final map. Such evidence may

include, but is not limited to, the following:

i. Written agreements to relocate mobilehomes; and

ii. Assistance of low- and moderate-income tenants in the form of

payment by the park owner of 80%, up to a maximum of $2,000.00, of

the cost of relocating the mobilehome to another mobilehome park

within 100 miles.

k. If such evidence specified in paragraph 3j of this subsection J is not

included in the application for subdivision, then the Director shall

recommend reasonable conditions to mitigate any adverse impact on tenants

of the mobilehome park to the approving authority to be included as a

condition in the resolution of conditional approval for said subdivision.

4. Notwithstanding the provisions of subsection C of this section, a park owner

who elects to give a five-year notice to subdivide may file a tentative map if

evidence is provided that the following provisions will be completed before

approval of the tentative map:

a. The mobilehome park owner shall provide evidence that a notice to

vacate pursuant to Section 798.56(f) of the

Civil Code has been issued, and

b. Informed each tenant of the rent and location of a number of available

spaces equal to the number of occupied units to be displaced, and

c. Assisted each tenant in relocating the tenant’s mobilehome to any new

space within 100 miles in accordance with the following schedule:

If Tenant Vacates Before End

Portion of Expenses Paid by

Owner

Up to a Maximum

1st year 80% $2,000

2nd year 60% 1,500

3rd year 40% 1,000

4th year 20% 500

5th year -0- -0-

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

30.16.040 Packing Plant.

A. Purpose. The provisions of this section, inclusive, shall be known as the

“Packing Plant Regulations.” The purpose of this section is:

1. To allow existing greenhouse operations to operate as a packing plant for

fresh agricultural and horticultural products produced both on and off premises.

2. To permit greater diversity for existing greenhouse structures.

3. Existing greenhouses shall mean those greenhouses legally existing on the

date of adoption of this section.

4. The provisions of this section shall apply when the use of the property for

packing of products exceeds 50% of the area and/or physical use of the premises

during a six-month period of time.

B. Application. The provisions of this section, inclusive, shall be known as the

“Packing Plant Regulations.” These provisions shall apply to existing greenhouses in

residential zones only.

C. Major Use Permit Required. An existing greenhouse operation that meets the

general standards listed below may revise its use to operate a packing plant upon

issuance of a major use permit. A traffic study prepared in conformance with traffic

engineering industry standards and an environmental initial assessment (AEIS) to

determine impacts as required pursuant to the California Environmental Quality Act

(CEQA) will be required unless information is submitted which will support the

finding that the project is exempt from the requirement to prepare the traffic and/or

environmental documents.

All required and/or applicable permits, including, but not limited to, the following, are

to be obtained: building permits, fire permits, coastal development permits and

engineering permits.

D. General Standards (Applicable Upon Issuance of a Major Use Permit).

1. Applicability. Existing greenhouse operations are permitted to revise the use

to packing of fresh agricultural and horticultural products. These products can be

produced either on or off premises. No other products other than agricultural and

horticultural and other prepackaged customarily associated products may be

packed or processed on the premises.

2. Minimum Lot Size. The minimum lot size for a parcel containing the

packing plant operation is 2.5 acres. In the event that two or more contiguous lots

are needed to comply with the minimum lot size standard, it will be necessary to

process a lot consolidation application for development purposes. At such time

that the operation ceases to exist and all applicable structures are removed from

the premises, a request to rescind the lot consolidation may be submitted to the

City of Encinitas to return the lots to the status prior to lot consolidation.

3. Location. The property is to be located on a circulation element road or on a

property where the traffic impacts to the residential street would have similar or

less of an impact than a greenhouse operation, as shown by a complete traffic

study to be submitted at the time of application.

4. Density. The packing plant shall conform to the applicable density

regulations of the underlying zone if dwelling units are a part of the project.

5. Setbacks. The packing plant structures shall conform to the applicable

setbacks for the zone where the property is located. All other standards not

established in this section, including hours of operation, will be determined

through the major use permit.

6. Drainage Fees and Traffic Fees. Drainage fees and traffic fees will be

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

calculated pursuant to the current fee schedule. Drainage fees are based on all

new impervious surfaces; traffic fees are based on average daily trips, to the

satisfaction of the Director of Public Works.

7. Parking. The number of standard parking spaces required will be based on

one parking space per 300 square feet of gross floor area of the buildings unless a

parking study by a qualified traffic engineer indicates fewer parking spaces would

adequately handle the generated parking. No off-site parking will be counted

toward the total parking space requirement. Loading/unloading spaces (docks) are

to be located at the interior of the lot and screened from view of the neighbors.

8. On-site Circulation. Interior circulation shall be required to facilitate the

ease of vehicular movement without creating a disturbance to adjoining properties

or street systems.

E. Performance Standards.

1. Noise. A noise study is required to provide evidence that the packing plant

noise levels do not exceed the noise levels for the particular zone where the

property is located. Heavy equipment and refrigeration machines are to be located

in the interior of the building as far away as possible from the walls nearest to

the property lines to avoid noise intrusion upon the neighbors.

2. Lighting. All light sources shall be shielded in such a manner that the light

is directed away from streets or adjoining properties.

3. Screening. The packing plant is to be designed in such a way that it is

screened so as to not have a visual or noise impact on adjacent residential

neighborhoods. (Ord. 94-11; Ord. 2014-12)

View the mobile version.

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]

Encinitas Municipal Code (Encinitas, California)

http://www.qcode.us/codes/encinitas/[11/11/2015 1:16:18 PM]