PLANNING COMMISSION AGENDA REPORT Development Services Department
Agenda Item: 8A
Project Name: Object Design Standards
Request: Public hearing to consider amendments to Chapters 23.08 (Design Review) and 30.16 (Residential Zones) of the Encinitas Municipal Code, the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-by-the-Sea Specific Plans, the City’s Design Guidelines, and the Local Coastal Program, to provide for objective design and development standards for multiple family and mixed-use housing development.
Discretionary Actions: Municipal Code Amendment (MCA) Zoning Code Amendment (ZA) Specific Plan Amendment (SPA)
Local Coastal Program Amendment (LCPA) CEQA Recommendation: EXEMPT
STAFF
RECOMMENDATION: RECOMMEND APPROVAL
Project Number: PLCY-004755-2021 (MCA/ZA/SPA/LCPA Objective Design Standards)
Location: Citywide
Community: Citywide
APN: Citywide
Applicant: City of Encinitas
Project Planner: Jennifer Gates, Planning Manager [email protected]
Commission Meeting Date: December 2, 2021 City Council Hearing
Required? Yes
Report Approval: Anna Colamussi, Planning Manager
Recommended Action: Adopt Resolution No. PC-2021-43 including recommendations to the City Council to adopt Ordinance No. 2021-23 for amendments to Chapters 23.08 (Design Review) and 30.16
PLANNING COMMISSION AGENDA ITEM 8A DECEMBER 2, 2021 (Residential Zones) of the Encinitas Municipal Code, the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-by-the-Sea Specific Plans, and the Local Coastal Program; and adopt Resolution No. 2021-109 for amendments to the City’s Design Guidelines to provide for objective design standards for multiple family and mixed-use housing development.
SUMMARY AND KEY CONSIDERATIONS:
The proposed Ordinance (Attachment PC-1) amends Chapters 23.08 (Design Review) and Chapter 30.16 (Residential Zones) of the Encinitas Municipal Code, the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-by-the-Sea Specific Plans, and the Local Coastal Program. The proposed Resolution (Attachment PC-1) amends the City’s Design Guidelines. The proposed Ordinance and Resolution provide for new objective development and design standards for multi-family and mixed-use housing development.
BACKGROUND:
The State passed Senate Bill (SB) 35 and the Housing Accountability Act in 2017 and SB 330 in 2019, which require that residential projects be reviewed using objective standards. The legislation further states that a local agency may only use objective standards to deny or reduce the density of certain projects. A Program was identified in the 5th Cycle Housing Element to develop objective design standards for multiple family development, which is also included in the recently certified 6th Cycle Housing Element as Program 3B.
On February 26, 2020, the City Council awarded a contract for planning services to RRM for the development of objective development standards and design guidelines and the development of an expedited permit processing program and educational materials. It was originally anticipated that RRM would begin providing professional services in March 2020 with the anticipated completion of the contract in approximately six months. However, the project has taken longer due to COVID and other delays. The City of Encinitas (“City”) has until February 2022 to complete all activities under the grant.
On August 25, 2021, staff presented to the Planning Commission and City Council on the status of the development of objective design and development standards for multi-family projects and mixed-use residential projects and sought direction and comments (Link to Agenda, Video, and Staff Report). These comments were incorporated into the original draft provided to Planning Commission at a study session on October 7, 2021 (Link to Agenda, Video, and Staff Report).
Staff and RRM presented the draft standards and received questions, comments, and suggested edits to the draft standards for the Planning Commission meeting on November 4, 2021 (Link to Agenda, Video, and Staff Report).
On November 4, 2021, City staff provided a memo to Planning Commission amending the staff recommendation to request direction from Planning Commission to allow more time to review the objective design standards with Special Counsel. The item was continued without discussion to November 18, 2021.
On November 18, 2021, Planning Commission began reviewing the draft Design Standards and Guidelines asked questions and provided modifications. Planning Commission continued the
AGENDA ITEM 8A DECEMBER 2, 2021 hearing to December 2 to continue their review. No additional modifications have been made to the document since the November 18, 2021 Planning Commission meeting packet was posted.
DISCUSSION AND ANALYSIS:
Historically zoning codes and design guidelines were developed to be flexible and allow for interpretation on a case-by-case basis. The State of California Legislature has determined that subjective design standards and guidelines could negatively impact the development of housing and passed legislation that requires specific residential projects to be reviewed only using objective standards.
What are Objective Standards?
Objective design standards are defined in Government Code Sections 65913.4 and 66300(a)(7) as standards that:
“…involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.”
Objective design standards are typically measurable and demonstrable and use language such as “shall” and “must” while subjective design guidelines are typically open to interpretation and not measurable and use words such as “should” or “may.” The intent of objective design standards is to provide specific standards that will be clear to developers, design professionals, applicants, city staff, decision-makers, and the public what will be used in the review of project submittals.
In January 2021, the State Department of Housing and Community Development released a technical assistance guide which provides additional information on approaches to crafting objective design standards and examples.
Draft Objective Design Standards
The City has been working with RRM to develop objective design and development standards to ensure the design of new housing reflects the uniqueness of Encinitas. These new standards will apply to new multi-family and mixed-use residential projects and will not apply to single-family homes, Accessory Dwelling Units (ADU), or commercial and industrial projects that do not contain a residential component. Existing zoning development standards will continue to regulate building height, setbacks, density, FAR, open space, etc., while the new objective design and development standards will regulate such criteria as site layout, architectural elements, pedestrian connections, landscaping, etc. to ensure that new housing maintains a design quality reflective of the community.
City staff and RRM have reviewed the City’s Design Guidelines, Zoning Code and Specific Plans to identify subjective standards that apply to multi-family and mixed-use residential development to be used as the basis for the objective design standards. The existing subjective guidelines and standards were translated into clear and objective development standards. The comments previously received from City Council, Planning Commission, and during the survey process were incorporated into the draft standards where applicable. Some comments and recommendations would require zoning standards be modified such as to modify floor area ratio (FAR), open space
PLANNING COMMISSION AGENDA ITEM 8A DECEMBER 2, 2021 requirements, establish maximum unit size citywide, etc. and would require City Council to initiate a zoning code amendment.
Staff reviewed the draft standards during the study session at the Planning Commission Meeting on October 7, 2021. The Planning Commission provided overall questions related to the need for applicability guidance and how these objective design standards would be used in combination with the existing Specific Plans, Municipal Code, and Design Guidelines. The Planning Commission directed staff to make it as easy as possible for the public and applicants to know where to go for direction. Staff has determined that while a project cannot be denied based on subjective standards, the City’s Design Guidelines and the design guidelines within each Specific Plans and the Municipal Code still provide valuable direction. In addition, they are still applicable to other development types including commercial projects. Therefore, staff has incorporated the proposed standards into the City’s Design Guidelines and added more information in the applicability section. In addition, reference to the design standards in the City’s Design Guidelines have been made in the Specific Plans. Where a conflict exists between objective standards, the applicable Specific Plan objective standards shall supersede and apply.
Planning Commission raised concerns regarding the lack of objective standards for single-family home developments because SB 330 would apply to all housing developments of two or more units. While the focus of this project and grant is on the development of objective standards for multi-family and mixed-use development, staff has provided some objective standards in Encinitas Municipal Code Section 30.16.010. The intent is to provide some additional guidance while staff takes a more focused look at the potential standards to bring to Planning Commission in the future. These modifications including other specific requests to the draft text were incorporated into the draft Ordinance 2021-23 included in Attachment PC-1.
In reviewing the draft standards, Planning Commission also directed staff to incorporate more flexibility and to develop point systems for specific standards where applicable, such as for landscaping requirements. By allowing for flexibility and point systems, the goal is to allow for more variety in design and less of a cookie cutter approach to the development. In addition, Planning Commission requested more variety based on the scale of the development, four-plex versus 250 units. These modifications including other specific requests to the draft text were incorporated into the draft Design Standards and Guidelines included in Attachment PC-1. Staff reviewed the draft Design Standards and Guidelines with Special Counsel and provided additional modifications to further remove subjectivity and provide clarification on some terms used that were presented on November 18, 2021. These modifications can be seen in the draft Design Standards and Guidelines in red font.
Local Coastal Program Amendment/Notice of Availability
The City’s Local Coastal Program (LCP) consists of two parts: 1) Land Use Plan and 2) Implementation Plan. Chapter 23.08 and Title 30 of the Municipal Code, and the Specific Plans are components of the LCP Implementation Plan; therefore, any amendments to these documents warrant a Local Coastal Program Amendment (LCPA) subject to review and approval by the California Coastal Commission. A LCPA is included as part of the subject request. A Public Notice of Availability opened a six-week public review period, which runs from October 15, 2021, and will conclude on November 26, 2021, and is required to elapse prior to any final action being taken by the City Council on the LCP Amendment. If the City Council approves the LCPA, the proposed LCPA will be submitted to the California Coastal Commission for review and approval.
AGENDA ITEM 8A DECEMBER 2, 2021 The proposed amendments will not become effective until after formal certification of the LCPA by the California Coastal Commission.
General Plan, Municipal Code, Specific Plans and Local Coastal Program Consistency:
The proposed amendments are consistent with the purposes of the General Plan, Municipal Code, Specific Plans and Local Coastal Program in that the amendments do not change the intent of the sections being amended nor do they propose any change in land use or water uses. The proposed amendments will not become effective until after formal certification of the LCPA by the California Coastal Commission.
Proposition A Not Applicable:
The proposed ordinances would amend the City’s Zoning Regulations, Specific Plans and Design Guidelines. Under Proposition A, amendments to these regulations require a public vote if the amendment is a “major amendment” but do not require a public vote if the amendment is a “regular amendment.” A major amendment, in pertinent part, would increase the maximum allowable number of residential units on a parcel or group of parcels. The proposed ordinance modifies current provisions related to subjective design and development guidelines for residential developments which are uses that are already permitted and will not increase the intensity or density. Therefore, this ordinance does not constitute a major amendment.
ENVIRONMENTAL CONSIDERATIONS:
The project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060 (c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and pursuant to CEQA Guidelines Section 15061 (b)(3) because there is no possibility the activity in question may have a significant effect on the environment. All projects for which the Objective Design and Development Standards would apply will undergo separate CEQA review and approval.
ATTACHMENTS:
Attachment PC-1 Draft Resolution No. PC-2020-43 with attached Draft Ordinance No. 2021-23 and Resolution No. 2021-109
RESOLUTION NO. PC 2021-43
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPT DRAFT CITY COUNCIL ORDINANCE NO. 2021-23, TITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO CHAPTERS 23.08 (DESIGN REVIEW) AND 30.16 (RESIDENTIAL ZONES) OF THE ENCINITAS MUNICIPAL CODE, DOWNTOWN ENCINITAS, NORTH 101 CORRIDOR, ENCINITAS RANCH, AND CARDIFF-BY-THE-SEA SPECIFIC PLANS AND LOCAL COASTAL PLAN TO CREATE OBJECTIVE STANDARDS FOR HOUSING DEVELOPMENT” AND DRAFT CITY COUNCIL RESOLUTION NO. 2021-109, TITLED “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO THE CITY’S RENAMED DESIGN REVIEW STANDARDS AND GUIDELINES AND INCORPORATED BY REFERENCE IN SECTION 23.08.100 OF THE ENCINITAS MUNICIPAL CODE.”
WHEREAS, in 2019 the State of California Legislature declared that “California has a housing supply and affordability crisis of historic proportions;”
WHEREAS, the Housing Accountability Act, Government Code Section 65589.5, restricts the City of Encinitas’s ability to deny or reduce the density of all housing development projects, including residential development, transitional and supportive housing, and residential mixed use development, that are consistent with objective design and development standards;
WHEREAS, Senate Bill (SB) 35, Government Code Section 65913.4, establishes a developer-initiated process to streamline the approval process for housing developments meeting specific criteria, including affordable housing requirements and labor requirements;
WHEREAS, the City of Encinitas seeks to adopt objective standards to facilitate and accommodate development at the density permitted on the site and proposed by the development in accordance with State and Local Law;
WHEREAS, the 2021-2029 Housing Element approved by the City Council on April 7, 2021 contains Housing Element Program 3B, which provides that the City of Encinitas will revise design guidelines and zoning standards to ensure they are objective standard;
WHEREAS, the City Council and Planning Commission held a joint study session on August 25, 2021, received public comments and provided feedback on the development of draft objective development and design standards;
WHEREAS, the Planning Commission held a study session on October 7, 2021 received public comments and provided feedback on the draft design standards;
WHEREAS, the amendment of the City’s Design Guidelines augment and are applied with the objective standards of the General Plan, Encinitas Municipal Code, Downtown Encinitas Specific Plan, North 101 Corridor Specific Plan, Encinitas Ranch Specific Plan, and Cardiff-By- The-Sea Specific Plan;
WHEREAS, the Planning Commission conducted a noticed public hearing on November 4, 2021, November 18, 2021, and December 2, 2021 to discuss and consider proposed amendments to Chapters 23.08 (Design Review) and 30.16 (Residential Zones) of the Encinitas Municipal Code, the Downtown Encinitas, North 101 Corridor, Encinitas Ranch, and Cardiff-by-
for objective design standards for multiple family and mixed-use housing development; and WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments (LCPA) was issued which opens a six-week public review period that runs from October 15, 2021 to November 26, 2021.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby RECOMMENDS INTRODUCTION of City Council draft Ordinance No. 2021-23, attached hereto as Exhibit A, and Resolution No. 2021-09, attached hereto as Exhibit B, based on the following Environmental Determination and Findings:
Section 1. California Environmental Quality Act Determination
The Planning Commission, in its independent judgment, recommends that the City finds that the project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060 (c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility the activity in question may have a significant effect on the environment. All projects for which the Objective Design Standards would apply will undergo separate CEQA review and approval.
Section 2. Findings.
The Planning Commission finds that the amendment is consistent with the purposes of the General Plan, the purposes of the Municipal Code, the purposes of the Specific Plans, the purposes of the Local Coastal Plan, and other applicable City ordinances.
PASSED AND ADOPTED this December 2, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
_______________________________
Bruce Ehlers, Chair ATTEST:
_________________________
Anna Colamussi, Secretary
EXHIBIT A
DRAFT ORDINANCE NO. 2021-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO CHAPTERS 23.08 (DESIGN REVIEW) AND CHAPTER 30.16 (RESIDENTIAL ZONES) OF THE ENCINITAS MUNICIPAL CODE, DOWNTOWN ENCINITAS, NORTH 101 CORRIDOR, ENCINITAS RANCH, AND CARDIFF-BY-THE-SEA SPECIFIC PLANS AND LOCAL COASTAL IMPLEMENTATION PLAN TO CREATE OBJECTIVE STANDARDS FOR HOUSING DEVELOPMENT
WHEREAS, in 2019 the State of California Legislature declared that “California has a housing supply and affordability crisis of historic proportions;”
WHEREAS, the Housing Accountability Act, Government Code Section 65589.5, restricts the City of Encinitas’s ability to deny or reduce the density of all housing development projects, including residential development, transitional and supportive housing, and residential mixed use development, that are consistent with objective design and development standards;
WHEREAS, Senate Bill (SB) 35, Government Code Section 65913.4, establishes a developer-initiated process to streamline the approval process for housing developments meeting specific criteria, including affordable housing requirements and labor requirements;
WHEREAS, the City of Encinitas seeks to adopt objective standards to facilitate and accommodate development at the density permitted on the site and proposed by the development in accordance with State and Local Law;
WHEREAS, the 2021-2029 Housing Element approved by the City Council on April 7, 2021 contains Housing Element Program 3B, which provides that the City of Encinitas will revise design guidelines and zoning standards to ensure they are objective standard;
WHEREAS, the City Council and Planning Commission held a joint study session on August 25, 2021, received public comments and provided feedback on the development of draft objective development and design standards;
WHEREAS, the Planning Commission held a study session on October 7, 2021, received public comments and provided feedback on the draft design standards;
WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments (LCPA) was issued which opened a six-week public review period that ran from October 15, 2021 and concluded on November 26, 2021;
WHEREAS, the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict with any coastal zone regulations or policies with which future development must comply;
WHEREAS, the Planning Commission conducted a Public Hearing on November 4, 2021, November 18, 2021 and December 2, 2021 and considered public testimony and made a recommendation to the City Council to adopt the proposed amendments;
2021-43, on December 2, 2021, on file with the Office of the City Clerk and incorporated by this reference, recommending approval of said Ordinance;
WHEREAS, the City Council conducted a Public Hearing on _________, 2021 and for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code;
WHEREAS, the City Council has duly considered the totality of the record and all evidence submitted into the record, including public testimony and the evaluation and recommendations by staff, presented at said hearing;
WHEREAS, notices of said public hearings were made at the time and in the manner required by law;
WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a manner in full conformance with the California Coastal Act of 1976 and the Development Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal Program Amendment to the California Coastal Commission for their review and adoption; and
WHEREAS, based on the totality of the record and evidence described and referenced in this Ordinance, the City Council finds that the proposed text amendments are consistent with the purposes of the General Plan, Municipal Code, and adopted Local Coastal Program.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as follows:
SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2:Sections 23.08.010 (Purpose), 23.08.080 (Regulatory Conclusions - Generally) and 23.08.100 (Guidelines) of Chapter 23.08 Design Review of the Encinitas Municipal Code is hereby amended to read as follows (underline is used to denote new text being added):
23.08.010 Purpose.
…
1. Determine compliance of development projects with the provisions of this chapter and the design review standards and guidelines of the City of Encinitas as well as other regulations regarding the physical development of the City.
…
3. Encourage the preservation of the distinct and individual character of the various neighborhoods and communities through the prudent administration of this chapter and the design review standards and guidelines.
…
23.08.080 Regulatory Conclusions—Generally.
…
B. The project design is substantially inconsistent with the design review standards and guidelines.
…
23.08.100 Standards and Guidelines.
The City Council shall adopt by resolution design review standards and guidelines setting forth the policies and criteria for this chapter. The person or body authorized to render a final determination shall comply with these standards and guidelines when reviewing applications for permits and shall ensure that the spirit intent of the guidelines are upheld in all design review actions. The City Council may amend the design review standards and guidelines by resolution to keep the guidelines in compliance with the latest City policies.
SECTION 3: Section 30.16.010 (Development Standards) of Chapter 30.16 Residential Zones of the Encinitas Municipal Code is hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
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. All buildings, grading, landscaping or construction projects, whether they require any other City permit or not, are subject to design review, as referenced in Chapter 23.08, Design Review, unless exempted by that chapter. The City’s Design Standards and Guidelines contain additional design and development standards that shall apply to all residential development.
…
11. For single-family residential zones, the following development standards shall apply:
a. Front yard setbacks within subdivisions of five or more lots should shall 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 RS-113 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, aAccess to the garage shall be from the alley or side street, if available.
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.
d. For single-family housing developments, variety of housing designs shall be provided.
Each house design shall provide and exhibit at least three features that clearly and obviously distinguish them from other house designs. These features can include any of the following:
(i)Building mass. Building mass is considered to be the outline of the structure. This is determined by the height, width, and depth of the structure.
(ii)Roof type. Roof types consist of mansard, hip (full or clip), flat, gambrel, gable, and front-to-back (shed style). Differentiation may also be achieved through the use of roof dormers, gables, and hips. Flat or A-frame roofs should be avoided unless appropriate to the architectural style.
(iii)Windows and doors. The vertical or horizontal variation in the placement of at least two windows and/or doors on the front façade elevation or window shapes that are substantially different.
(iv)Materials. The use of different materials on the front façade elevation.
(v)Garages. Substantial variation in the location and/or proportion of garages and garage doors, such as alley-loaded garages, side-loaded garages, etc.
(vi)Porches. Variation in the location, width, and proportion of front porches.
The sole use of minor cosmetic changes such as different paint color, reversing or creating mirrored images of the exterior architectural elevations, shutters, decorative brackets, or using different brick or stone color shall not meet the intent of this section.
e. The same house design with the identical street elevation design (or substantially identical) shall not be placed directly adjacent to one another or directly across the street from one another. Identical or nearly identical street elevation design means little or no variation in the horizontal and vertical articulations of the building walls and rooflines, height or width of the the façade, placement of the primary entrances, porches, number and placement of windows, and other major architectural features. It does not mean similar colors, materials, or small details.
f. Each of the elevations of a house design shall have a minimum of two differentiated planes to relieve flat, monotonous facades.
(i) Differentiation may include incorporation of an architectural feature such as a bay window, entry, porch, overhang, or chimney.
(ii) All differentiation shall be a minimum of 12 inches.
…
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 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. To the extent practical, aAccess to the garage shall be from the alley or side street, if available.
…
D. Higher Density Single-Family and Multiple-Family Residential Zones (R-11/R-15/R- 20/R-25).
…
8. The following recreation facilities shall be provided for residential developments based on the following number of units unless waived during the design review process:
a. Children’s play area;
b. Swimming pool;
c. Family picnic area.
Number of Units Recreation Facilities
20 to 49 Units a. Children’s play area; or
b. Family picnic area.
50 to 99 units a. Children’s play area and Family picnic area; or
b. Swimming pool.
100 or more units a. Children’s play area;
b. Family picnic area; and c. Swimming pool.
SECTION 4: Section 4.2 (Development Subject to Design Review) of Chapter 4.0 Design Recommendation of the Encinitas Downtown Specific Plan is hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
…
2. Unless otherwise provided herein, the provisions of this Chapter supersede the provisions of Title 23, Section 23.08 of the Municipal Code for application to the area designated as the Downtown Encinitas Specific Plan. Objective “Standards” included in the City’s Design Standards and Guidelines shall apply to all residential development and mixed-use residential development. Where conflicts in objective standards occur, the objective design standards specified in this Chapter shall supersede and apply. The design guidelines contained in the City’s Design Standards and Guidelines are superseded by the design recommendations contained in this Chapter. Limitations to uses and approvals required under use regulations, Chapter 3.0 of this specific plan, are not affected by this Design Review exemption.
3. The following sections of the Encinitas Municipal Code apply to the process of design review for properties within the area designated as the Downtown Encinitas Specific Plan area: 23.08.020, Prohibitions; 23.08.040, Authority to Grant Permits; 23,08.050, Notice;
23.08.060, Procedure; 23.08.070, Final Determination; and 23.08.072, Regulatory Conclusions – Generally; and 23.08.100 Standards and Guidelines.
SECTION 5: Section 4.2 (Development Requiring Design Review) of Chapter 4.0 Design Recommendations of the Encinitas North 101 Corridor Specific Plan is hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
All new building, landscaping, exterior alterations, signage or construction projects, whether they require any other City permit or not, are subject to design review unless exempted by Section 4.3, Exemptions from Design Review. These recommendations do not affect existing buildings which are not proposing new construction, new signage, new landscaping, or exterior alterations. Except as otherwise specified herein, the provisions of Title 23, Section 23.08 of the Encinitas Municipal Code shall apply to the area designated as the North 101 Corridor Specific Plan. Objective “Standards” included in the City’s Design Standards and Guidelines shall apply to all residential development and mixed-use residential development. Where conflicts in objective standards occur, the objective design standards specified in this Chapter shall supersede and apply.
SECTION 6: Section 4.2 (Development Requiring Design Review) of Chapter 4.0 Design Recommendations of the Encinitas North 101 Corridor Specific Plan is hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
…
B. Unless otherwise provided herein, the provisions of this section shall apply in addition to the provisions of Chapter 23.08 of the City Municipal Code and Section 6.0, Encinitas Ranch Zoning Ordinance, in this document. Where conflicts between these sections and documents arise, Section 6.0 in this document and the City’s Municipal Code shall take precedence over the Design Guidelines contained in Section 7.0 of this Specific Plan for application to the area designated as the Encinitas Ranch Specific Plan. Objective “Standards” included in the City’s Design Standards and Guidelines shall apply to all residential development and mixed-use residential development. Where conflicts in objective standards occur, the objective design standards specified in this Chapter shall supersede and apply.
SECTION 7:Section 4.2 (Design Review) of Chapter 4.0 Design Recommendations of the Cardiff-by-the-Sea Specific Plan is hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
4.2.1 Development Requiring Design Review
All new buildings, landscaping, exterior alterations, signage or construction projects, whether they require any other City permit or not, are subject to design review unless exempted by Section 4.2.3, Development Exemptions from Design Review. These Recommendations do not affect existing buildings, which are not proposing new construction, new signage, new landscaping, or exterior alterations. Except as otherwise specified herein, the provisions of Chapter 23.08 (with
the exception of Section 23.08.100) of the Encinitas Municipal Code shall apply to the Cardiff-by- the-Sea Specific Plan area. Objective “Standards” included in the City’s Design Standards and Guidelines shall apply to all residential development and mixed-use residential development.
Where conflicts in objective standards occur, the objective design standards specified in this Chapter shall supersede and apply. The design guidelines contained in the City’s Design Standards and Guidelines are superseded by the design recommendations contained in this Chapter.
SECTION 8: This project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060 (c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and pursuant to CEQA Guidelines section 15061 (b)(3) because there is no possibility the activity in question may have a significant effect on the environment. All projects for which the Objective Design Standards would apply will undergo separate CEQA review and approval.
SECTION 9: If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance. The City Council declares that it would have passed and adopted this Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 10: The City Clerk is directed to prepare and have published a summary of the ordinance no less than five days prior to consideration of its adoption, and again within 15 days following adoption, indicating the votes cast. This Ordinance will become effective following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas and California Coastal Act.
INTRODUCED at a regular meeting of the City Council of the City of Encinitas, California, held on this ___ day of _______, 2021; and
City of Encinitas, California, held on the ___ day of ___________, 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Catherine S. Blakespear, Mayor ATTEST:
Kathy Hollywood, City Clerk
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
EXHIBIT B
DRAFT RESOLUTION NO. 2021-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO THE CITY’S RENAMED DESIGN STANDARDS AND GUIDELINES AND INCORPORATED BY REFERENCE IN SECTION 23.08.100 OF
THE ENCINITAS MUNICIPAL CODE
WHEREAS, on April 13, 2005, City Council adopted a comprehensive set of Design Review Guidelines as part of the City’s Community Character Implementation Program (CCIP);
WHEREAS, in 2019 the State of California Legislature declared that “California has a housing supply and affordability crisis of historic proportions;”
WHEREAS, the Housing Accountability Act, Government Code Section 65589.5, restricts the City of Encinitas’s ability to deny or reduce the density of all housing development projects, including residential development, transitional and supportive housing, and residential mixed use development, that are consistent with objective design and development standards;
WHEREAS, Senate Bill (SB) 35, Government Code Section 65913.4, establishes a developer-initiated process to streamline the approval process for housing developments meeting specific criteria, including affordable housing requirements and labor requirements;
WHEREAS, the City of Encinitas seeks to adopt objective standards to facilitate and accommodate development at the density permitted on the site and proposed by the development in accordance with State and Local Law;
WHEREAS, the 2021-2029 Housing Element approved by the City Council on April 7, 2021 contains Housing Element Program 3B, which provides that the City of Encinitas will revise design guidelines and zoning standards to ensure they are objective standards;
WHEREAS, the City Council and Planning Commission held a joint study session on August 25, 2021, received public comments and provided feedback on the development of draft objective design standards;
WHEREAS, the Planning Commission held a study session on October 7, 2021, received public comments and provided feedback on the draft objective design standards;
WHEREAS, the amendment of the City’s Design Guidelines augment and are applied with the objective standards of the General Plan, Encinitas Municipal Code, Downtown Encinitas Specific Plan, North 101 Corridor Specific Plan, Encinitas Ranch Specific Plan, and Cardiff-By- The-Sea Specific Plan;
WHEREAS, the Planning Commission conducted a Public Hearing on November 4, 2021, which was continued to November 18, 2021 for the purpose of considering amendments to the City’s Design Guidelines, and considered public testimony and made a recommendation to the City Council to adopt the proposed amendments; and
the Design Review Guidelines, at which time the City Council directed staff to return a resolution adopting the City of Encinitas Design Standards and Guidelines and considered the writing record for this action and public comment.
NOW, THEREFORE, the City Council of the City of Encinitas resolves as follows:
SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2: Pursuant to Section 23.08.100 of the Encinitas Municipal Code, the City Council of the City of Encinitas hereby approves the amendments to the renamed Design Standards and Guidelines attached hereto as Exhibit “A.”
SECTION 3: This project is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060 (c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and pursuant to CEQA Guidelines section 15061 (b)(3) because there is no possibility the activity in question may have a significant effect on the environment. All projects for which the Objective Design Standards would apply will undergo separate CEQA review and approval.
SECTION 4: This Resolution shall go into full force and effect immediately following date of adoption on ________.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Encinitas, California, held on the ___ day of ___________, 2021, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Catherine S. Blakespear, Mayor ATTEST:
Kathy Hollywood, City Clerk APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
City of Encinitas Design Standards and Guidelines
April 2005, Amended 20XX
City of Encinitas Design Standards and Guidelines
Sponsored By:
The City of Encinitas
Planning Commission and City Council
Prepared By:
The City of Encinitas
Planning and Building Development Services Department
City of Encinitas Design Standards and Guidelines April 2005, Amended 20XX
i
Table of Contents
1. Introduction and Background ... 1-1
2. Site Planning Standards and Guidelines ... 2-1
3. Grading and Landform Standards and Guidelines ... 3-1
4. Circulation, Parking and Streetscape Standards and Guidelines ... 4-1
5. Architecture and Sign Standards and Guidelines ... 5-1
6. Lighting Standards and Guidelines ... 6-1
7. Landscape Standards and Guidelines ... 7-1
i
Blank Page
City of Encinitas Design Standards and Guidelines April 2005, Amended 20XX
1. Introduction and Background 1-1
Where a project is subject to design review pursuant to Sections 23.08.030 and 23.08.040 of the Encinitas Municipal Code, applicants should review these design standards and guidelines. These standards and guidelines shall be used prior to initiating the project design and throughout the design process. Objective “Standards”
included in this document shall apply to all residential development and mixed-use residential development. For projects located within a specific plan area, the objective design standards and guidelines specified in the specific plan shall supersede and apply. Specific plan areas contain separate design guidelines, and applicants for projects located in those areas should instead refer to the design recommendations in the applicable specific plan.
1. Introduction and Background
1.1 Community Description
The City of Encinitas (“City”) is a unique collection of 5 distinct communities. The individuality of each Community is vital to the overall character of the City and shall be maintained.
Architecture, landforms, landscape and streetscape are the primary determinants of this character. The City of Encinitas also is fortunate in
that it contains a wide variety of topographic features. The city is bounded on the north and south by lagoons and their associated valleys. The Pacific Ocean lies to the west and steeper inland hills lie to the east.
Three of the communities are located along the coastline (Cardiff-by-the-Sea, Old Encinitas and Leucadia) and represent the older established beach communities. The primary land
Figure 1-1
Communities of Encinitas
1. Introduction and Background 1-2
use is single-family residential, with some multi-family closer to the beach. Commercial/office uses are located typically along Highway 101 on small lots. Highway 101 and the I-5 Freeway traverse these communities. The combination of varied architecture, narrow uncurbed streets, pedestrian orientation, and mature, unplanned landscaping creates an informal, eclectic, small town feel that dominates the character of these communities.
The New Encinitas Community is centrally located within the City. A variety of land uses are located within the community with the primary land use being single-family residential. Major institutional and commercial uses are located along El Camino Real, the prime arterial roadway for the City, and Encinitas Boulevard. This community is considered more of a planned community with a variety of private and public open space areas.
The Olivenhain Community is a rural community with an informal character having large residential lots, mature landscaping, equestrian facilities, open space, a variety of recreational trails, and rolling hills and canyons. Narrow roads with minimal improvements are associated with this rural community.
1.2 Background
To help develop the design guidelines for Encinitas, a series of community character workshops were conducted in November of 1999. At the conclusion of the five workshops, a common
theme for each of the communities could be seen. There was pride in the prevailing character, especially in the older communities, and a concern that the inappropriate use and reuse of land was having a negative impact on the character of the communities.
Please refer to the City of Encinitas Community Character Workshops Summary Report, October 2000, for more information regarding these workshops.
Since 2017, the Governor has signed into law multiple housing bills, including: Affordable Housing: Streamlined Approval Process of 2017 (SB 35), Housing Accountability Act of 2017 (Housing Accountability Act), the Housing Crisis Act of 2019 (SB 330) and Amendments to the Housing Crisis Act of 2019 (SB 8).
SB 35 provides for a streamlined, ministerial approval process for affordable multiple-family residential development (two or more residential units), subject to certain conditions and consistent with objective zoning development and design review standards, among other things. The Housing Accountability Act, Government Code Section 65589.5, restricts the City’s ability to deny or reduce the density of all housing development projects, including residential development, transitional and supportive housing, and residential mixed-use development, that are consistent with objective design and development standards. SB 330 and SB 8 further modifies the Housing Accountability Act and the Permit Streamlining Act and allows a housing developer to submit a “preliminary
City of Encinitas Design Standards and Guidelines April 2005, Amended 20XX
1. Introduction and Background 1-3
application” to a local agency for a housing development project before providing the full amount of information required and
“freezes” the applicable fees and development standards that apply to a project while the rest of the material necessary for a full application submittal is being assembled. These amendments are currently set to expire in 2030, unless extended by the State.
In response to the directives of this new legislation, in 2021, the City supplemented the design guidelines with objective design standards title “Standards.”
1.3 Purpose of the Standards and Guidelines
The purpose of these standards and guidelines is to guide development within the City of Encinitas toward design that is consistent with the character of each community. Architecture, landscaping and site planning are important to preserving the individual identity of each community.
The Design Standards and Guidelines are intended to promote well-designed development in Encinitas. The interpretation and implementation of the Design Standards and Guidelines shall be based on the following points:
(1) Maintain and enhance the character of each community;
(2) Contribute to a positive physical image and identity;
(3) Supplement the development standards of the Encinitas Municipal Code on matters of design and aesthetics;
(4) Implement the goals, objectives, and policies of the General Plan;
(5) Maintain and protect the value of property; and (6) Maintain community character without unduly
restricting private enterprise, or innovation in design.
These standards and guidelines describe the preferred architectural character and development patterns within Encinitas today. Eclecticism and diversity are, and will continue to be, dominant themes. The standards and guidelines, therefore, do not seek to impose an overriding style, a limited color palette, nor an artificial theme. They do seek to assist in promoting the positive design characteristics that exist throughout the City of Encinitas.
The purpose of the objective design standards is to provide developers, design professionals, and the public with a clear statement of the desired site planning and building design characteristics for new multiple-family and mixed-use residential development in Encinitas. The design standards are intended to supplement existing objective design and development standards for multiple-family residential development described in the City’s Municipal Code, design
1. Introduction and Background 1-4
guidelines, as well as in adopted specific plans including the Cardiff-by-the-Sea Specific Plan, Downtown Encinitas Specific Plan, Encinitas Ranch Specific Plan, and the North 101 Corridor Specific Plan. In addition, they further the goals, policies, and objectives of the Encinitas General Plan.
The design standards and guidelines complement mandatory development standards by providing additional requirements and good examples of appropriate design solutions. The guidelines are more qualitative and less quantitative than mandatory design and development standards and may be applied with some flexibility in the application to specific projects.
The standards and guidelines are not to be used in a manner that would modify the density allowances of the underlying zoning of the subject property or modify the development standards of the Municipal Code applicable to that zone.
1.4 How to Use the Design Standards and Guidelines
Project proponents should review these design standards and guidelines. These standards and guidelines shall be used prior to initiating the project design and throughout the design process.
In addition to these Design Standards and Guidelines, housing development projects are also subject to consistency with objective standards in the Municipal Code, General Plan, and Specific Plans in effect at the time the development application ora preliminary application with all required information is submitted to the City, or, if no preliminary application is submitted, those standards in effect at the time the development application is determined to be compllete. If an objective design standard conflicts with a General Plan standard, the standard more permissive of housing production governs. For projects located within a specific plan area, the objective standard specified in the specific plan shall supersede and apply. State law defines “objective standards” as standards that involve no personal or subjective judgement by a public official and that are uniformly verifiable by reference to an external and uniform benchmark or criterion.
Examples contained in these guidelines should not be considered as the only design solution, but as a starting point for the design process. Owners of properties should strive to be creative and innovative, and should look beyond franchise or boilerplate architectural and landscape design treatments. It is important, too, that property owners involve City staff, community groups, residents, and affected merchants and business owners in the design process prior to making a significant investment in design.
City of Encinitas Design Standards and Guidelines April 2005, Amended 20XX
1. Introduction and Background 1-5
1.5 Interpretation of Provisions
The authorized agency shall be the designated authority to interpret and apply the Design Standards and Guidelines.
Interpretations and application of the guidelines shall be based on the application submittal, the context and applicability of the guideline, and the design Guidelines as a whole.
Some standards and guidelines may not apply to all projects due to a variety of reasons, such as land use, architectural design, site-specific location issues, and character of the neighborhood.
Interpretations and application of the standards and guidelines should achieve the Purpose of the Standards and Guidelines located in the Introduction and the Guiding Principles contained in each section.
The development standards are considered minimum standards.
The design standards and guidelines complement those standards and may, depending on circumstances, result in a project that exceeds the minimum development standards.
To aid in the interpretation of these guidelines, a development applicant should understand the meaning of “shall,” “should,”
“encouraged,” and “discouraged”.
Standards and Guidelines, which employ the word “shall” are mandatory.
Guidelines, which employ the word “should” are intended to express the City’s desire and expectation. An alternative measure may be considered if it meets or exceeds the intent of the guideline.
Guidelines, which employ the word “encouraged” are intended to express a more desirable design solution.
Guidelines, which employ the word “discouraged” are intended to express a less desirable design solution.
1.6 Applicability
The provisions of the Standards and Guidelines are applicable to all development within the City of Encinitas that is subject to design review, as stipulated in Chapter 23.08 of the Encinitas Municipal Code.
The objective design standards apply to housing development projects which include (1) buildings that contain two or more dwelling units; (2) groups of two or more attached townhomes (row houses), regardless of whether multiple townhomes occupy the same lot or each townhome occupies a separate lot; (3) mixed-use buildings projects that include at least two thirds of the square footage designated for residential use; and (4) transitional housing or supportive housing.
1. Introduction and Background 1-6
1.7. Design Review Process
Specific submittal requirements for projects are described in the City of Encinitas Administrative and Discretionary Permit Applications.
Following submittal of the project drawings and a complete application, a continuing exchange of information should occur as the design is finalized and the City's review process begins.
All projects must comply with the objective design standards unless the applicant requests an exception or modification.A project subject to streamlined approval under SB 35 must conform with all applicable objective design standards. If a project has not requested streamlined approval under SB 35, the project may deviate from the objective design standards through the discretionary design review process.
1.8 Design Review Approvals
Obtaining a Design Review approval signifies a project’s compliance with the architectural appearance and physical development of the City. Future alterations and/or remodeling of a project with a Design Review approval would be reviewed within the context of the original design review approval.
