2026-08-12 Item 10B Introduction of AB 2011 SB 6 Ordinance and Objective Design Standards

2026-08-12 Item #10B Page 1 of 299
The proposed amendments included in Ordinance 2026-10
regulations. Under Proposition A, amendments to these regulations require a public vote if the quired to implement and ensure compliance with State law required.
2026-08-12 Item #10B Page 2 of 299
On June 26, 2024, the final FY 2024-25 State Budget was adopted. 2026-08-12 Item #10B Page 3 of 299
2026-08-12 Item #10B Page 4 of 299
1 State Density Bonus Law) and refines the required mix of affordable units (e.g. extremely low, very low, or lower income) for project eligibility.

Expands site eligibility criteria, including allowing certain sites located in proximity to a freeway to be eligible so long as the project meets the additional air quality standards.

Establishes new requirements for regional mall conversion projects (e.g. block size, open space, street abutment, etc.).
1 2026-08-12 Item #10B Page 5 of 299
2 2
2026-08-12 Item #10B Page 6 of 299
2026-08-12 Item #10B Page 7 of 299
2026-08-12 Item #10B Page 8 of 299
Modify ODS 1.4.2.B, Request for Administrative Exceptions, to increase the maximum allowed percentage that a numerical objective design standard can deviate from 10 percent to 15 percent;
2) Modify ODS 2.2.2.D, Front Yards, to remove fences and walls from being allowed within the front yard setback;
3) Add ODS 2.2.3, to add a new regulation that allows fences and walls to be permitted within the front yard setback of a mixed-use site, only if the commercial use is required to provide a fence or wall for alcohol sales per the California Department of Alcohol Beverage Control (ABC) licensing requirements;
4) Modify Figure 2-3, to call out the stories of the building to further clarify the prescribed height regulation;
5) Modify ODS 3.6.4.A, Natural Materials, to remove brick from the list of materials that cannot be painted;
6) Modify ODS 3.6.4.E, Natural Materials, to remove wood cladding from the list of materials that cannot be painted;
7) Modify ODS 4.1.2, Common Open Space, to decrease the minimum required common open space from 200 square feet per unit to 50 square feet per unit; 8) Modify ODS 4.1.3, Private Outdoor Amenity Space, to decrease the minimum required private outdoor amenity space from 100 square feet per unit to 50 square feet per unit; 9) Modify ODS 4.1.4, Combined Amenity Space and Open Space, to decrease the combined amenity space and open space from 300 square feet per unit to 100 square feet per unit; 10) Add a standard to 4.2, Common Open Space, to allow common open space in its entirety to be counted towards the required site landscaping area requirements; 11) Modify ODS 4.2.8, Common Open Space, to remove the requirement of common open space area to be located on the ground level;
12) Modify ODS 5.1.5, Site Landscaping, to add language that further clarifies that the 30 trees per net acre requirement is required for the entire project site and not just the landscaping area; and
13) Remove ODS 5.3.7, Walls and Fencing, that regulates freestanding walls and fences in the front yard setback.
2026-08-12 Item #10B Page 9 of 299
2026-08-12 Item #10B Page 10 of 299
2026-08-12 Item #10B Page 11 of 299
2026-08-12 Item #10B Page 12 of 299
1 City Council Ordinance No. 2026-10
1-Exhibit A AB 2011 and SB 6 Implementing Ordinance
1-Exhibit B Amendments to the Downtown Encinitas Specific Plan to Incorporate Objective Design Standards
1-Exhibit C Amendments to the North 101 Corridor Specific Plan to Incorporate Objective Design Standards
2 Strikethrough underline versions of Objective Design Standards 3 Government Code Language
4 Comments from City Council and Planning Commission Joint Special Meeting and Comments received during Public Review Period
5 AB 2011 and SB 6 Reference Guide
2026-08-12 Item #10B Page 13 of 299
ORDINANCE 2026-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, ADDING CHAPTER 30.21 RESIDENTIAL IN COMMERCIAL ZONES PURSUANT TO STATE LAW TO TITLE 30 ZONING OF THE ENCINITAS MUNICIPAL CODE TO IMPLEMENT AB 2011 AND SB 6 CITYWIDE AND AMENDMENTS TO REFERENCE AND INCORPORATE THE OBJECTIVE DESIGN STANDARDS AS CHAPTER 12, APPENDIX IN THE DOWNTOWN ENCINITAS SPECIFIC PLAN AND AS CHAPTER 11, APPENDIX IN THE NORTH 101

CORRIDOR SPECIFIC PLAN
WHEREAS, on September 28, 2022, Senate Bill 6 (Middle Class Housing Act of 2022) (Chapter 659, Statutes of 2022) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 65913.4 of the California Government Code and adding to the Government Code Section 65852.24, allowing multifamily and mixed-use housing development projects in zones where office, retail and/or parking are a principally permitted use; and
WHEREAS, also on September 28, 2022, Assembly Bill 2011 (Affordable Housing and High Road Jobs Act of 2022) (Chapter 647, Statutes of 2022), was approved by the Governor of the State of California and filed with the Secretary of State, amending Sections 65400 and 65585 of the California Government Code and adding to the Government Code Sections 65912.100, et seq., allowing multifamily and mixed-use housing development projects in zones where office, retail and/or parking are a principally permitted use; and WHEREAS, on May 7, 2023, the San Diego Association of Governments (SANDAG) released a Call for Projects (CFP) for the Housing Acceleration Program (HAP) Cycle 2; and WHEREAS, on June 21, 2023, the City Council of the City of Encinitas, conducted a duly noticed joint study session between the City Council and the Planning Commission to discuss two new housing bills, Assembly Bill (AB) 2011 and Senate Bill (SB) 6, and the City Council directed staff to return at a later date with a resolution authorizing the preparation of an ordinance to implement the aforementioned State laws; and
WHEREAS, on July 1, 2023, changes to Government Code from AB 2011 and SB 6 went into effect; and
WHEREAS, on August 3, 2023, the City of Encinitas submitted a grant application for SANDAG HAP Cycle 2 in the amount of $573,000; and
WHEREAS, on August 16, 2023, the City Council of the City of Encinitas executed Resolution No 2023-98 to initiate the amendments to the Municipal Code and Local Coastal Program (LCP) to implement AB 2011 and SB 6 ordinance and objective design standards for the Downtown Encinitas and North 101 Corridor Specific Plans and authorize the submittal of the grant application; and
WHEREAS, on October 3, 2023, the City of Encinitas was awarded from SANDAG a total of $573,000 for two planning efforts: Activity 1 was to update the Density Bonus section of the Encinitas Municipal Code and to develop an implementing ordinance for AB 2011 and SB 6 ($173,000) and Activity 2 was to hire contract planning and/or engineering staff to augment development review of housing projects ($400,000); and
WHEREAS, on February 14, 2024, staff was
Proposed FY 2024-25 Budget included significant reductions in the Regional Early Action Planning (REAP) 2.0 grant program that funds SANDAG HAP. provided a reduced scope of work and budget on February 27, 2024, in anticipation of a funding reduction to REAP 2.0; and
2026-08-12 Item #10B Page 14 of 299
WHEREAS, on April 1, 2024, in response to a SANDAG request, the City Manager sent WHEREAS, on June 12, 2024, the City Council of the City of Encinitas adopted Resolution No. 2024-65 adopting the budget for Fiscal Year (FY) 2024-25; and WHEREAS, on June 26, 2024, the final FY 2024-25 State Budget was adopted; and WHEREAS, on July 1, 2024, SANDAG notified the City that REAP 2.0 had retained its full allocation in the final FY 2024-25 State Budget. At the same time, SANDAG informed the City that HCD would not be extending the grant deadline of March 31, 2026, and requested a revised scope of work and schedule due to the 9-month budget delay; and WHEREAS, on August 1, 2024, City staff sent a revised scope of work, schedule, and budget to SANDAG with updated Activity 1 funding of $329,145 and updated Activity 2 funding of $243,855 with the same total budget of $573,000. The reallocation of funds from Activity 2 to Activity 1 was due to the reduced time frame to expend the grant funds and the change in the scope of work was to include the amendments to the Downtown Encinitas and North 101 Corridor Specific Plans to add objective design standards; and
WHEREAS, on August 20, 2024, the City entered into an agreement with SANDAG (SANDAG Contract No. 6000325); and
WHEREAS, on September 19, 2024, AB 2243 (Chapter 272, Statutes of 2024), was approved by the Governor of the State of California and filed with the Secretary of State, amending Sections 65852.24, 65912.101, 65912.111, 65912.112, 65912.113, 65912.114, 65912.121, 65912.122, 65912.123, and 65912.124 of California Government Code, and to add Government Code Section 65912.106 relating to housing development projects under SB 6 and AB 2011; and WHEREAS, -Call Sustainable
Communities Consulting Services to select a consultant to assist with the preparation of the AB 2011 and SB 6 implementing ordinance including objective design standards for the Downtown Encinitas and North 101 Corridor Specific Plans and the amendment of the Encinitas Municipal Code to comply with State law; and
WHEREAS, on September 25, 2024, the City Council executed a professional services agreement with Ascent Environmental Inc. (Ascent) to assist staff with the amendment to the Encinitas Municipal Code to comply with State law, and amendments to establish clear objective design standards for the Downtown Encinitas and North 101 Corridor Specific Plans; and WHEREAS, on September 25, 2024, the City Council of the City of Encinitas executed Resolution No. 2024-105 amending the FY 2024-25 budget; and WHEREAS, on January 1, 2025, changes made to the Government Code by AB 2243 went into effect; and
WHEREAS, on April 15, 2025, the City and Ascent held a public meeting to provide an overview of the housing development that is allowed through AB 2011, SB 6 and AB 2243 and to introduce the objective design standards for the Downtown Encinitas and North 101 Corridor Specific Plans; and
WHEREAS, on July 9, 2025, the City and Ascent held a public meeting to provide a summary of AB 2011, SB 6 and AB 2243 legislative bills and receive feedback on the objective design standards for the North 101 Corridor Specific Plan; and WHEREAS, on July 15, 2025, the City and Ascent held a public meeting to provide a summary of AB 2011, SB 6 and AB 2243 legislative bills and receive feedback on the objective design standards for the Downtown Encinitas Specific Plan; and 2026-08-12 Item #10B Page 15 of 299
WHEREAS, on October 10, 2025, AB 893 (Chapter 500, Statutes of 2025), was approved by the Governor of the State of California and filed with the Secretary of State, amending Sections 65912.101, 65912.104, 65912.114, 65912.121, 65912.122, 65912.123, and 65912.124 of Government Code, and to add Government Code Section 65912.103.5 that regulates AB 2011 institution, as
defined by Sections 94849 and 94858 of the Education Code; and WHEREAS, on October 15, 2025, a public review draft of the AB 2011 and SB 6 citywide implementing ordinance and objective design standards for the Downtown Encinitas Specific Plan and North 101 Corridor Specific Plan was made available for public comment; and WHEREAS, on October 29, 2025, the City held a joint community workshop with the City Council and Planning Commission to review and receive feedback on the draft AB 2011 and SB 6 citywide implementing ordinance and amendments to the Downtown Encinitas and North 101 Corridor Specific Plans to add objective design standards for all multifamily and mixed-use development projects; and
WHEREAS, on January 1, 2026, changes made to the Government Code by AB 893 went into effect; and
WHEREAS, on April 16, 2026, the Planning Commission conducted a public meeting for the purpose of considering a recommendation to the City Council to add Chapter 30.21 Residential in Commercial Zones Pursuant to State Law to the Encinitas Municipal Code and minor amendments to reference and incorporate the objective design standards as Chapter 12, Appendix in the Downtown Encinitas Specific Plan and as Chapter 11, Appendix in the North 101 Corridor Specific Plan. The Planning Commission unanimously adopted Planning Commission Resolution No. 2026-14 with the following thirteen modifications to the objective design standards for both Specific Plans:
2026-08-12 Item #10B Page 16 of 299
WHEREAS, Government Code Sections 65852.24 and 65912.100, et seq. establish eligibility criteria, development standards, and streamlining procedures for housing development projects in zones where office, retail, and/or parking are a principally permitted use; and WHEREAS, Government Code Section 65852.24(h), Section 65912.114(r), and Section 65912.124(r) provide that a local agency may adopt an ordinance to implement the provisions of 65852.24 and 65912.100, et seq.; and

WHEREAS,
State law and the City seeks to ensure that eligible housing development projects are consistent with those policies; and
WHEREAS, none of the specific plans within the City meet the definition of a disqualify sites from streamlining eligibility under Government Code Section 65912.121(i); and

WHEREAS,
as currently defined by State law, therefore the amendments enacted by AB 893 do not expand the applicability of AB 2011 within the City beyond what is otherwise provided by State law; and WHEREAS, Government Code Section 65912.113(d) prohibits housing development within 3,200 feet of a facility that actively extracts or refines oil or natural gas, and no such facilities exist within the boundaries of the City; and
WHEREAS, the City of Encinitas qualifies as an urbanized area pursuant to Government Code Section 65913.4, as defined by the U.S. Census Bureau, in that it has a population of more than 50,000 persons; and
WHEREAS, for the purposes of Government Code Section 65852.24(b)(6)(A) and shall be located on a legal parcel or parcels in conformance with applicable State and local requirements; and
WHEREAS, the City of Encinitas is classified as a metropolitan jurisdiction pursuant to subdivisions (d) and (e) of Government Code Section 65583.2; and WHEREAS, Encinitas Municipal Code Section 30.16.010(E), Residential 30 Overlay Zone (R-30 Overlay) is the zoning district in the City that allows the greatest density within the city pursuant to 65912.113(e)(1) and 65852.24(b)(2) and is the only zoning district that meets the default density standard for metropolitan jurisdictions specified in Government Code Section 65583.2(c)(3)(B), and therefore serves as the required zone for determining applicable objective projects pursuant to Government Code Sections 65852.24 and 65912.100, et seq.; and WHEREAS, the City includes areas within one-half (1/2) mile of a major transit stop, as defined by Public Resource Code Section 21155(b) and has a population of approximately 61,585 as estimated in the 2023 U.S. Census Bureau American Community Survey Five-Year Estimates, and the areas within one-half (1/2) mile of a major transit stop are located within the coastal zone as defined in Division 20 (commencing with Section 30000) of the Public Resources Code; therefore, housing development projects pursuant to Government Code Sections 65912.120, et seq. that are subject to this ordinance would not qualify for the sixty-five (65) foot height limit under Government Code Section 65912.123(c)(4); and
2026-08-12 Item #10B Page 17 of 299
WHEREAS, objective design standards provide clear, measurable, and predictable criteria for eligible multifamily and mixed-use housing development projects subject to streamlining by State laws, including AB 2011 and SB 6, ensuring high quality design while expediting the review process by eliminating subjective discretionary review; and WHEREAS, the City has developed objective design standards applicable to the Downtown Encinitas Specific Plan and North 101 Corridor Specific Plan for multifamily and mixeduse housing development projects, including projects eligible for AB 2011 or SB 6, furthering the City's adopted land use policies and urban design objectives; and WHEREAS, the objective design standards would amend the Downtown Encinitas Specific Plan and North 101 Corridor Specific Plan to implement requirements of State law and incorporate objective design standards in a manner that advances the goals and policies of the C
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 and Planning Commission, presented at said hearings; and NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as follows:

SECTION ONE:

That Encinitas Municipal Code Chapter 30.21 Residential in Commercial Zones Pursuant to State Law of Title 30 (Zoning) is hereby added as shown in Exhibit A to this Ordinance.

SECTION TWO:

That the Downtown Encinitas Specific Plan is hereby amended as shown in Exhibit B to this Ordinance to reference and incorporate objective design standards that will be applicable to all multifamily and mixed-use development projects for the specific plan areas.

SECTION THREE:

That the North 101 Corridor Specific Plan is hereby amended as shown in Exhibit C to this Ordinance to reference and incorporate objective design standards that will be applicable to all multifamily and mixed-use development projects for the specific plan areas.

SECTION FOUR: ENVIRONMENTAL COMPLIANCE. The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because the amended Ordinance is intended to implement (commencing with Section 21000) of the Public Resources Code, as provided in Government Code Section 65852.24(h), Government Code Section 65912.114(r) and Government Code Section 65912.124(r). Additionally, the amendments to the Downtown Encinitas Specific Plan and the North 101 Corridor Specific Plan, which reference and incorporate the objective design standards as an appendix, are exempt pursuant to CEQA Guidelines Section 15061(b)(3). This exemption applies because it can be seen with certainty that the adoption of these amendments will not result in a significant effect on the environment. All projects for which the objective design standards would apply would undergo separate CEQA review and approval.

SECTION FIVE: CONSISTENCY.

Any provision of the Encinitas Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 2026-08-12 Item #10B Page 18 of 299
SECTION SIX: SEVERABILITY.

If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.

SECTION SEVEN: EFFECTIVE DATE.

This Ordinance shall take effect the later of (1) thirty (30) days after its passage or (2) following certification by the California Coastal Commission as being consistent with the Local Coastal Program for the City of Encinitas and the California Coastal Act. The City Clerk of the City of Encinitas is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Coast News, a newspaper of general circulation published in the City of Encinitas.

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 was introduced at a regular meeting of the City Council held on _____.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the _____ day of __________________.

______________________________
Bruce Ehlers, Mayor
ATTEST: ______________________________________ Peter Weichers, City Clerk APPROVED AS TO FORM ______________________________________ Ajit Thind, City Attorney CERTIFICATION: I, Peter Weichers, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the _____ day of _______________, 2026 and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the _____ of _________________, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:
2026-08-12 Item #10B Page 19 of 299
ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Encinitas, California, this _____ day of ______, 2026 _____________________________________ Peter Weichers, City Clerk 2026-08-12 Item #10B Page 20 of 299
1 Chapter 30.21
RESIDENTIAL IN COMMERCIAL ZONES PURSUANT TO STATE LAW. Sections

30.21.010 Purpose.

30.21.020 Conflicting Standards.

30.21.030 Definitions.

30.21.040 Permitted Zones.

30.21.050 Objective Design Standards Applicable to Housing Development Projects.

30.21.100
65852.24.

30.21.110

30.21.120

30.21.130

30.21.200 - Government Code Sections 65912.120, et seq. 30.21.210 - 30.21.220 - 30.21.300 - Government Code Sections 65912.110, et seq.

30.21.310 - 30.21.320 - 30.21.400 - - Application Procedures. 2026-08-12 Item #10B Page 21 of 299
2 30.21.010. Purpose.

The purpose of this Chapter is to establish qualifying criteria, development standards, objective design standards, and application procedures for eligible Senate Bill 6 housing development projects in zones where office, parking, and/or retail are a principally permitted use, to implement the provisions of Government Code Section 65852.24 and Sections 65912.100, et seq., to facilitate the development of new residential housing consistent with State housing law, and ensure sound standards for public health and safety. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code Section 65852.24 and Sections 65912.100, et seq, and as amended.

30.21.020. Conflicting Standards.

The requirements of Government Code Section 65852.24 and Sections 65912.100, et seq., and any amendments thereto, shall prevail over any conflicting provision of this Chapter.

30.21.030. Definitions.

For purposes of this Chapter, the following definitions, including definitions from Government Code Section 65852.24 and Sections 65912.100, et seq. shall apply:

Encinitas Municipal Code (EMC) Section 30.040.010, Definitions.

Code Section 50052.5.
50053, except where specified in Government Code 65912.112(a) that the affordable rent for the rental units in a housing development project shall be set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. excluding housing units added by a State law density bonus as set forth in EMC Section 30.16.020(C), Density Bonus Regulations; and base units shall include a dwelling unit designated to meet the requirements of EMC Section 30.41.050, Inclusionary Housing Requirements. mean an area fully surrounded by streets, pedestrian paths, or a combination of streets and pedestrian paths that are each at least forty (40) feet in width, as defined in Government Code Section 65912.123(d)(4).
between the two closest points from property line to property line. The distance shall be measured between property lines and shall be measured horizontally in a straight line between the two closest points of the property lines, without regard to topography or structures that would interfere with a straight-line measurement.
-of-way
width of at least seventy (70) feet but not greater than one hundred fifty (150) feet. persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent (10%) or more of the interest in the property. 2026-08-12 Item #10B Page 22 of 299
3 being used for industrial uses; (ii) the most recently permitted use of the square footage of the site is an industrial use and additionally for projects that are utilizing Government Code Sections 65912.100, et seq., the site has been occupied within the past three years from the date of application; or (iii) site ry 1, 2022 and
additionally for projects that are utilizing Government Code Sections 65912.100, et seq., residential uses are not principally permitted on the site. For the purposes of this definition, permitted use means that the City has issued discretionary or ministerial permits to allow the industrial use of the site.

EMC Section 30.04.010, Definitions. In determining the maximum number of dwelling units allowed for a property, multiply net acreage by the maximum density. Any fraction of a dwelling unit shall be rounded up to the next whole unit, as established in EMC Section 30.16.010(B)(1). For properties developing in conformance with the provisions of the R-30 Overlay, private access roads, parking lots, driveways, and drive aisles are not deducted from gross acreage, as established in EMC Section

30.16.010(B)(2).
application to a local government under the review processes pursuant to this Chapter. defined in EMC Section 2.28.090.
-of-way occupied by a highway in respect to which the owners of lands that abut have no right or easement of access to or from their lands or in respect to which such owners have only limited or restricted right or easement of access, as defined in Section 332 of the Vehicle Code, except it does not include the portion of a freeway that is an on ramp or off ramp that serves as a connector between the freeway and other roadways that are not freeways. public or private streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, as defined in EMC Section 30.04.010, Definitions.

1. Government Code Sections 65912.100, et seq., is a project consisting of any of the following uses: (i) residential uses only; (ii) mixed-use developments consisting of residential and nonresidential uses where at least two-thirds (2/3) of the square footage is designated for residential use; or (iii) any other residential use pursuant to Government Code Sections 65912.100, et seq.

2. Code Section 65852.24, is a project consisting of any of the following uses: (i) a project with residential units only; or (ii) a mixed-use development consisting of residential and nonresidential retail commercial or office uses, where at least fifty percent (50%) of the square footage of the new construction associated with the project is designated for residential use and none of the square footage is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel.
2026-08-12 Item #10B Page 23 of 299
4 and warehousing use. Industrial use does not mean power substations or utility conveyance such as power lines, broadband wires, and pipes.

Code Section 50079.5.
transit station; (ii) a ferry terminal served by either a bus or rail transit service; (iii) the intersection of two or more major bus routes with a frequency of service interval of twenty minutes or less during the morning and afternoon peak commute periods; or (iv) any major transit stops included in the SANDAG Regional Plan.

American Society of Heating, Refrigerating and Air-Conditioning Engineers used to report the effectiveness of air filters.

Code Section 50093.
gross acreage within the subject property. Constrained acreage shall include flood plains, beaches, permanent bodies of water, significant wetlands, major power transmission easements, railroad track beds, existing and future right-of-way and easements for public 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. Private access roads, parking lots, driveways, and drive aisles are not deducted from gross acreage.

EMC Chapter 2.34.
-third (1/3) of the square
footage of the designated use on the site and does not require a conditional use permit, except that parking uses are considered principally permitted whether or not they require a conditional use permit, as defined in Government Code Section 65912.101. Principally permitted uses are established in Section 30.21.040, of this Chapter. Principally permitted use shall have the same meaning regardless of whether the residential development is proposed pursuant to the provisions of Government Code Section 65852.24 or Sections 65912.100, et seq.
mean a site that meets all the following criteria on the date that a development proponent submits an application pursuant to this Chapter: (i) includes at least 250,000 square feet of retail use; (ii) at least two-thirds (2/3) of the permitted uses on the site are retail uses; (iii) at least two of the permitted retail uses on the site are at least 10,000 square feet pursuant to the provisions of subdivision (r) of Government Code Section 65912.101.
50519, and shall mean any building containing six or more guestrooms or efficiency units, intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by guests, which is also the primary residence of those guests, but does not mean any building containing six or more guestrooms or efficiency units, as defined by California 2026-08-12 Item #10B Page 24 of 299
5 Health & Safety Code Section 17958.1, which is primarily used by transient guests who do not occupy that building as their primary residence.
amended by the Board of Directors of the San Diego Association of Governments. and adjoining parcels in common ownership or control on which a housing development project is proposed.
includes sidewalks, as defined in Section 555 of the Vehicle Code. park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination thereof. - Code Section 50105.

Bureau, where the existing residential development generates vehicle miles traveled per capita that is below eighty-five percent (85%) of city vehicle miles traveled per capita, as defined in the City of Encinitas SB 743 Vehicle Miles Traveled (VMT) Analysis Guidelines.

30.21.040. Permitted Zones.
considered a permitted use in any of the following zones where office, retail and/or parking are a principally permitted use:

A. Commercial Zones. The following commercial zones established in EMC Chapter 30.08, Zones, and as shown in EMC Section 30.09.010, Zoning Use Matrix, including:

1. Office Professional (OP),

2. Limited Local Commercial (L-LC),

3. Local Commercial (LC),

4. General Commercial (GC),

5. Limited Visitor Serving Commercial (L-VSC), and

6. Visitor Serving Commercial (VSC).

B. Public/Semi-Public Zone. The following public/semi-public zone established in EMC Chapter 30.08, Zones, and as shown in EMC Section 30.09.010, Zoning Use Matrix, includes:

1. Public/Semi-Public (P/SP).

C. Downtown Encinitas Specific Plan Zones. The following zones identified as separate zones designated in the Downtown Encinitas Specific Plan, as referenced in EMC Chapter

30.84, Specific Plans, including:

1. Commercial Mixed First Street (D-CM-1),
2026-08-12 Item #10B Page 25 of 299
6 2. Commercial Mixed Second Street (D-CM-2),

3. Visitor Commercial Mixed (D-VCM),

4. Office Mixed (D-OM),

5. Office Professional (D-OP),

6. Visitor-Serving Commercial (D-VSC),

7. Civic Center (D-CC),

8. Transportation Center (D-TC), and

9. Public/Semi-public (D-P/SP).

D. North 101 Corridor Specific Plan Zones. The following zones identified as separate zones designated in the North 101 Corridor Specific Plan, as referenced in EMC Chapter 30.84, Specific Plans, including:

1. Commercial Mixed 1 (N-CM-1),

2. Commercial Mixed 2 (N-CM-2),

3. Commercial Mixed 3 (N-CM-3),

4. Commercial Residential Mixed 1 (N-CRM-1),

5. Commercial Residential Mixed 2 (N-CRM-2),

6. Visitor-Serving Commercial (N-VSC),

7. Limited Visitor-Serving Commercial (N-L-VSC),

8. Public/Semi-public (N-P/SP), and

9. Transportation Center (N-TC).

E. El Camino Real Specific Plan Zones. The following zones identified as separate zones designated in the El Camino Real Specific Plan, as referenced in EMC Chapter 30.84, Specific Plans, including:

1. General Commercial (GC),

2. Public/Semi-Public (P/SP), and

3. Office Professional (OP).

F. Encinitas Ranch Specific Plan Zones. The following zones identified as separate zones designated in the Encinitas Ranch Specific Plan, as referenced in EMC Chapter 30.84, Specific Plans, including:

1. Multifamily Residential (ER-R-30),

2. Mixed Use 1 (ER-MU1),

3. Mixed Use 2 (ER-MU2),
2026-08-12 Item #10B Page 26 of 299
7 4. Commercial (ER-C), and

5. Public/Semi-public (ER-P/SP).

G. Cardiff-by-the-Sea Specific Plan Zones. The following zones identified as separate zones designated in the Cardiff-by-the-Sea Specific Plan, as referenced in EMC Chapter 30.84, Specific Plans, including:

1. Office Professional (C-OP),

2. General Commercial 1 (C-GC-1), and

3. General Commercial 2 (C-GC-2).

H. Home Depot Specific Plan Zone. The following zone is identified as a separate zone designated in the Home Depot Specific Plan, as referenced in EMC Chapter 30.84, Specific Plans, includes:

1. Planning Area 4 Commercial Light Industrial.

I. Other Zones. The Director, or designee, may determine that a housing development project may be a permitted use in any other zone not specifically identified in this Section, and may be eligible for the provisions of this Chapter, if the Director, or designee, determines that office, retail and/or parking are a principally permitted use within the zone, pursuant to EMC Section 30.01.030, Determination of Allowable Use.

30.21.050. Objective Design Standards Applicable to Housing Development Projects.

A housing development project pursuant to this Chapter shall be subject to the objective design standards as described in this Section, unless the objective standards preclude a development from being built at the residential density required pursuant to Sections 30.21.120, 30.21.220, and 30.21.320 of this Chapter and for Section 30.21.220 a development shall not require the development to reduce unit size to meet the objective standards.

A.
projects located in:

1. Any commercial zones or public/semi-public zones, as identified in Section 30.21.040 (A) and (B) of this Chapter.

2. Any eligible zones in the Encinitas Ranch Specific Plan, as identified in Section 30.21.040 (F) of this Chapter.

3. Any eligible zones in the Cardiff-by-the-Sea Specific Plan, as identified in Section

30.21.040 (G) of this Chapter.

4. Any eligible zones in the Home Depot Specific Plan, as identified in Section 30.21.040 (H) of this Chapter.

5. Any other zones where a housing development project is proposed that the Director, or designee, has determined are eligible pursuant to Section 30.21.040 (I) of this Chapter.

B. -Use Objective Design
2026-08-12 Item #10B Page 27 of 299
8 Downtown Encinitas Specific Plan Zones, as identified in Section 30.21.040 (C) of this Chapter.

C. -Use Objective Design
eligible North 101 Corridor Specific Plan Zones, as identified in Section 30.21.040 (D) of this Chapter.

D. The objective design standards included in the El Camino Real Specific Plan shall apply to housing development projects located in eligible El Camino Real Specific Plan Zones, as identified in Section 30.21.040 (E) of this Chapter.

30.21.100.
65852.24.
applicable requirements
set forth in this Chapter,
as Government Code Section 65852.24.

30.21.110.
shall meet all of the following requirements, as they exist on the date that the development proponent submits an application pursuant to this Chapter:

30.21.040 of this Chapter.

B.
(20) acres, unless the site is a regional mall, then the site shall not be greater than one hundred (100) acres.

C.
than one-third (1/3) of the square footage is dedicated to industrial use. For purposes of this subsection, parcels only separated by a street or highway shall be considered to be adjoined.

Strategy of the SANDAG Regional Plan, as determined by the Director, or designee.

30.21.120.
all of the following requirements:

A. Required Density.
density that meets or exceeds a density of thirty (30) dwelling units per acre.

B. Development Standards.
applicable objective zoning and subdivision standards, including parking standards, pursuant to EMC Section 30.16.010(E), Residential 30 Overlay Zone (R-30 Overlay).

C. Design Standards
applicable objective design standards, as described in Section 30.21.050 of this Chapter. 2026-08-12 Item #10B Page 28 of 299
9 D. Affordable Housing Requirements.
with the affordable housing requirements in EMC Section 30.41, Affordable Housing, and the following:

1. shall comply with the affordable housing requirements set forth in Government Code E. Labor Requirements.
project shall comply with all applicable requirements, such as, but not limited to, prevailing wage and skilled and trained workforce, of paragraphs 8 and 9 of subdivision (b) of Government Code Section 65852.24.

1. The development proponent shall submit a signed affidavit to the Director, or designee, attesting to compliance with these requirements, as a condition of project approval.

2. If the project is found to be in violation of these requirements, the Director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.

Any violations of this Chapter are also subject to code enforcement pursuant to EMC Chapter 1.08, Enforcement of Provisions of Municipal Code.

F. No Short-Term Rentals.
project shall record a restrictive covenant and agreement in a form prescribed by the City Attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than thirty (30) days, pursuant to subdivision (d) of Government Code Section 65852.24. The Director, or designee, is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant. The City may conduct annual monitoring to ensure compliance with the covenant and agreement.

G. Commercial Tenant Notice and Relocation Assistance Requirements housing development project is proposed on a site where there is one or more commercial development project, the development proponent shall comply with all applicable requirements of subdivision (c) of Government Code Section 65852.24.

30.21.130.

A. Application Requirements.
include all the required plans, forms, supplemental materials, and required fees as specified in

1. . A development proponent shall be required to submit an or designee, to demonstrate compliance with Government Code Section 65852.24.

2. Design Review Requirements.
development project, the applicant shall obtain Design Review approval in accordance with EMC Chapter 23.08, Design Review. As part of the Design Review process, the 2026-08-12 Item #10B Page 29 of 299
10 applicant shall submit an application in a form prescribed by the Director, or designee, including, but not limited to plans, maps, and visual displays in sufficient detail to demonstrate compliance with all applicable regulations, design standards, and policies.

3. Subdivision Requirements.
subdivision of land, the subdivision shall be processed in accordance with EMC Title 24, , Government Code Section 66410 et seq. The development proponent shall submit any associated subdivision application supplement documents.

4. Coastal Development Permit Requirements.
project is located in the Coastal Zone, then the applicant shall obtain a coastal development permit pursuant to EMC Chapter 30.80, Coastal Development Permit. a. Housing development projects developed pursuant to this Section do not alter or lessen the applicability of the California Coastal Act of 1976 (Division 20 (commending with Section 30000) of the Public Resources Code).

5. Other Required Permits. Any other permits required pursuant to the EMC shall conform with the requirements and findings of that EMC section and submit any associated application supplement documents.

6. Affordable Housing Plan. An affordable housing plan shall be required with the housing plan shall be in compliance with EMC Section 30.41.090.A, Affordable Housing Plan.
a. Affordable Housing Agreement. An affordable housing agreement shall be issuance that is in compliance with EMC Section 30.41.090.B, Affordable Housing Agreement.

B. E
Streamlining Provisions of Government Code Section 65913.4. development project is proposed pursuant to Government Code Section 65852.24(g), utilizing discretionary review as well as the provisions of the California Environmental Quality Act (CEQA), provided it meets the following:

1. Eligibility.
qualifying criteria in Section 30.21.110 of this Chapter and Government Code Section 65913.4.

2. Ineligibility.
development project shall not be eligible for streamlining pursuant to Government Code a. The site has previously been developed pursuant to Government Code Section 65913.4 with a project of 10 units or fewer.
2026-08-12 Item #10B Page 30 of 299
11 b.
acting in concert with the developer has previously proposed a project pursuant to Government Code Section 65913.4 of 10 units or fewer on the same or an adjacent site.

3. Supplemental Application.
application in a form prescribed by the Director, or designee, to demonstrate eligibility and file a notice of intent to request streamlining pursuant to Government Code Section 65913.4.

C. Utilizing Provisions of Government Code
Section 65915. To request any density bonus, incentives, concessions, waivers or parking reductions pursuant to Government Code Section 65915 and EMC Section 30.16.020(C), bonus report demonstrating compliance with all applicable requirements.

D. Application Processing and Review.
project proposed pursuant to the provisions of Government Code Section 65852.24 and Sections 30.21.100 through 30.21.120 of this Chapter shall be reviewed by the Planning Commission, except as provided below, and shall be approved if all the criteria in this Chapter are met.

1. determination in accordance with the procedures set forth in the following municipal code sections, including, but not limited to: EMC Chapter 23.08, Design Review; EMC Title 24, Subdivisions; EMC Chapter 30.80, Coastal Development Permit, except:
a.

Subsection (B) of this Section, the development application shall be processed as a ministerial action in accordance with Government Code Section 65913.4 and acted upon by the approval body with authority to approve the development within the timelines prescribed by Government Code Section 65913.4.

E. Notice. When public noticing is required by the provisions of this Chapter, a notice shall be made in accordance with EMC Section 30.01.070, Noticed, Public Hearings, and the housing development project shall comply with any public notice, comment, hearing, or other procedures of the applicable zoning designation.

F. Appeals. A final determination by the Director, or Designee, or the Planning Commission under the authority of this Chapter may be appealed to the City Council in accordance with the procedures specified in EMC Chapter 1.12, Appeals.

30.21.200. - Government Code Sections 65912.120, et seq. - applicable Mixed- -
- -Percen
Application Procedures; as well as Government Code Sections 65912.120, et seq., as amended. 2026-08-12 Item #10B Page 31 of 299
12 30.21.210. -
- project shall meet all of the following requirements, as they exist on the date that the development proponent submits an application pursuant to this Chapter:

A. - zones in Section 30.21.040 of this Chapter.

B. -
larger than twenty (20) acres, except if the housing development project is proposed on a site that is a regional mall, then the site shall not be greater than one hundred (100) acres.

C. - on a site that abuts
a commercial corridor and has a frontage along the commercial corridor of a minimum of fifty (50) feet.

D. -
least seventy-five percent (75%) of the perimeter of the site is adjoining parcels developed with urban uses. For the purposes of this subsection, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered adjoining.

E. - adjoining a site where more than one-third (1/3) of the square footage of the site is dedicated to industrial use. For purposes of this subsection, parcels only separated by a street shall be considered to be adjoined.

F. - satisfies the requirements specified in paragraph (6) of subdivision (a) of Government Code Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Government Code Section 65913.4.

G. - would require the demolition of any of the following:

1. Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate-, low-, or very low-income households;

2. exercise of its police power;

3. Housing that has been occupied by tenants in the past ten (10) years, excluding any

4. A historic structure that is listed on the National Register of Historic Places, California Register of Historic Places, or Encinitas Register of Historic Property.

H. - was previously used for permanent housing that was occupied by tenants, excluding any MixedI. - currently contains one (1) to four (4) dwelling units. 2026-08-12 Item #10B Page 32 of 299
13 J. - currently or was previously governed by any of the following:

1. Mobilehome Residency Law (codified at California Civil Code Sections 798, et seq.);

2. Recreational Vehicle Park Occupancy Law (codified at California Civil Code Sections 799.20, et seq.);

3. Mobilehome Parks Act (codified at California Health & Safety Code Sections 18200, et seq.); or

4. Special Occupancy Parks Act (codified at California Health & Safety Code Sections 18860, et seq.).

K. -
that is vacant, if any the following are true at the time that the application is submitted:

1. Located on a site within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Government Code Section 51179.

2. Located on a site that is zoned for housing but not for multifamily residential use.

3. Located on a site that contains tribal resources, as defined in California Public Resources - development project that were found pursuant to a consultation as described in Public Resources Code Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.

30.21.220. -
- 65912.120, et seq., as amended, shall comply with all the following:

A. Multifamily Residential Development. - development project must propose to construct at least five (5) residential dwelling units.

B. Maximum Allowable Density. The maximum allowable residential density on a site which - as follows:

1. Maximum allowed residential d be defined pursuant to Government Code Section 65915(o)(6).

2. The residential density shall be calculated as the total number of dwelling units per acre and prior to applying any density bonus, in accordance with EMC Section 30.16.020 (C), Density Bonus Regulations.

3. The maximum allowable density shall be determined based on the site size, as specified in Table 1, Maximum Allowable Density.
2026-08-12 Item #10B Page 33 of 299
14 Table 1: Maximum Allowable Density.

SITE SIZE MAXIMUM ALLOWABLE

DENSITY
Site less than one (1) acre. 30 dwelling units/ acre.

Site one (1) acre or greater and
commercial corridor right-of-way
less than 100 feet in width.
40 dwelling units/ acre.

Site one (1) acre or greater and
commercial corridor right-of-way of
100 feet in width or greater.
60 dwelling units/ acre.

Site within a very low vehicle travel
area or within one-half mile of a
major transit stop, as defined in
Section, 30.21.030 of this Chapter.
80 dwelling units/ acre.

C. Minimum Required Density. - project shall meet the following minimum density requirements, as applicable:

1. Determined Consistent Before January 1, 2027. - housing development project is determined to be consistent with objective planning - project shall be developed to meet the minimum required density as follows:
a. Fifty percent (50%) or greater of the applicable maximum allowable residential density pursuant to Section 30.21.220(B) of this Chapter.
b. If the site is within one-half (½) mile of an existing passenger rail or bus rapid transit station, seventy-five percent (75%) or greater of the applicable maximum allowable residential density pursuant to Section 30.21.220(B) of this Chapter.

2. Determined Consistent On or After January 1, 2027. - housing development project is determined to be consistent with objective planning - project shall be developed at a density that is seventy-five percent (75%) or greater of the allowable maximum allowable residential density, pursuant to Section 30.21.220(B) of this Chapter, regardless of location.

D. Density Exemption for Conversions of Existing Buildings. - residential use, it is not subject to any density limitations, except if the housing development project proposes more than twenty percent (20%) additional new square footage then the housing development project shall be subject to the density limitation in Section

30.21.220(C)(1) and (2) of this Chapter.

E. Height Requirements. - project shall not exceed the following:

1. For a site on a commercial corridor of less than 100 feet in width, the maximum height shall be no greater than thirty-five (35) feet.
2026-08-12 Item #10B Page 34 of 299
15 2. For a site on a commercial corridor equal to or greater than 100 feet in width, the maximum height shall be no greater than forty-five (45) feet.

F. Setback and Stepback Requirements. - development project shall meet the following setbacks:

1. For the portion of the site that fronts a commercial corridor the following shall occur:
a. The ground floor of any building shall be set back ten (10) feet or less from the property line along the commercial corridor for at least eighty percent (80%) of the frontage. No setback shall be required for the remaining twenty percent (20%) of the frontage.
b. All aboveground parking must be set back at least twenty-five (25) feet from the property line along the commercial corridor.

2. For the portion of the site that abuts a property that also abuts the same commercial corridor, no setbacks shall be required unless that property contains a residential use that was constructed prior to September 28, 2022, in which case the requirements of Section

30.21.220(F)(3) below shall apply.

3. For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining property that also abuts the same commercial corridor as the site, property lines that abut a property that contains a residential use, the following shall occur:
a. - be set back at ten (10) feet.
b. - project, each subsequent floor shall be stepped back in an amount equal to seven (7) feet multiplied by the floor number. For the purposes of this paragraph, the ground floor is the first floor.

4. For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining
2011 Mixed- along
property lines that abut a property that does not contain a residential use.

G. Parking Requirements. No vehicle parking, including replacement parking, shall be required - housing development project shall comply with all the requirements for bicycle parking; electric vehicle supply equipment-installed parking spaces and parking spaces that are accessible to persons with disabilities pursuant to EMC Section 30.54, Off-street Parking and California Building Code that would have otherwise applied to the development if this article did not apply.

H. Other Development Standards. All other objective zoning, subdivision, and design - those for the closest zone that allows multifamily residential use at the residential density proposed by the project.
2026-08-12 Item #10B Page 35 of 299
16 1. If no zone exists that allows the residential density proposed by the project, the applicable objective standards shall be those of EMC Section 30.16.010(E), Residential 30 Overlay Zone (R-30 Overlay) and those in effect at the time the development application is submitted.

I. Design Standards - comply with all the applicable objective design standards, as described in Section 30.21.050 of this Chapter.

J. Ground Floor Retail Requirements. At least one-half (½) of the ground floor square - retail use as defined in EMC Chapter 30.09, Zoning Use Matrix and the listing of allowed land uses in individual specific plans, as referenced in EMC Chapter 30.84, Specific Plans, do not prohibit such uses or have restrictions that otherwise limit these uses. - shall not use a concession to reduce this provision as
prohibited pursuant to Government Code Section 65912.124(f)(1).

K. Open Space Requirements. -
- beyond what is required for the existing project site.

L. St
Mall Sites. - within the boundaries of a regional mall shall meet all the following standards:

1. Block Size. - development project shall not exceed three (3) acres.

2. Building Frontage on New Streets. For the portion of the property that fronts a street - that is not a commercial corridor, buildings shall be ten (10) feet or less to the street for at least sixty percent (60%) of the frontage.

3. Open Space Requirements. Notwithstanding the requirements in Section 30.21.220(K) of this Chapter, at least five percent (5%) of the site shall be dedicated to open space.

M. Commercial Tenant Notice and Relocation Assistance Requirements Mixedcommercial tenants at the time of submission of the application, the development proponent shall comply with all relocation assistance requirements pursuant to Government Code Section 65912.123(h).

N. Proximity to Freeway. - housing development project on the site that is located within five hundred (500) feet of a freeway, all of the following requirements shall apply:

1. The building shall have centralized heating, ventilation, and air-conditioning system,

2. The outdoor air intakes for the centralized heating, ventilation, and air-conditioning system shall face away from the freeway,
2026-08-12 Item #10B Page 36 of 299
17 3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of sixteen (16),

4. 5. The building shall not have any balconies facing the freeway.

O. Affordable Housing Requirement - project shall comply with either the affordability requirements established by State law as outlined below, or the affordability requirements of EMC Section 30.41, Affordable Housing, whichever provides the higher percentage of affordable units and has a deeper affordability level:

1. Renter-Occupied Housing - project that proposes to construct rental units shall, for a period of fifty-five (55) years, comply with one of the following affordability options pursuant to Government Code Section 65912.122:
a. Eight percent (8%) of the base units shall be dedicated to very low-income households making fifty percent (50%) or less of the area median income (AMI) and five percent (5%) of the base units shall be dedicated to extremely low-income households making thirty percent (30%) or less of the AMI; or
b. Fifteen percent (15%) of the base units shall be dedicated to lower-income households making eighty percent (80%) or less of the AMI.

2. Owner-Occupied Housing. An - project that proposes to construct owner-occupied units shall, for a period of forty-five (45) years, comply with one of the following affordability options pursuant to Government Code Section 65912.122:
a. Fifteen percent (15%) of the base units shall be offered at an affordable housing cost dedicated to lower-income households making eighty percent (80%) or less of the AMI; or
b. Thirty percent (30%) of the base units shall be offered at an affordable housing cost dedicated to moderate-income households making one hundred and twenty percent (120%) or less of the AMI.

3. Additional Affordability Standards when Inclusionary Housing Requirement Applies. - units and is subject to the requirements of EMC Section 30.41.050, Inclusionary Housing Requirements and must provide greater than fifteen percent (15%) of the base units to lower-income households making eighty percent (80%) or less of the AMI but does not include any units dedicated to very low-income households making fifty percent (50%) or less of the AMI or extremely low-income households making thirty percent or less (30%) of the AMI pursuant to EMC Section 30.41.050, Inclusionary Housing Requirement, it shall, for perpetuity, provide both of the following:
a. Eight percent (8%) of the base units at an affordable rent for very low-income households making fifty percent (50%) or less of the AMI and five percent (5%) of 2026-08-12 Item #10B Page 37 of 299
18 the base units at an affordable rent to extremely low-income households making thirty percent (30%) or less of the AMI; and
b. Five percent (5%) of the base units at an affordable rent for lower-income households making eighty percent (80%) or less of the AMI.

4. Characteristics of Affordable Units. - as well as the standards in EMC Chapter 30.41, Affordable Housing:
a. Affordable units shall reflect the same proportion of bedroom and bathroom count ratio as the market-rate units.
b. - development project as specified in EMC Section 30.41.060, Affordable Housing Standards and Incentives.
c. Affordable units shall have the same type or quality of appliances, fixtures, and finishes as those provided in the market-rate units.
d. Occupants of the affordable units shall have equal access to the common entrances, common areas, and shared amenities, including but not limited to common open space, parking, storage, and other facilities available to market-rate unit occupants.

P. Labor Requirements. - housing development project shall comply with all applicable labor requirements of Government Code Section 65912.130. In addition to Government Code Section 65912.130, the following shall apply.

1. -
- additionally comply with the requirements of Government Code Section 65912.131, including, but not limited to, the requirement that the development proponent for the - - ousing development project are being performed, a report demonstrating compliance with the requirements of subdivisions (b) and (c) of Government Code Section 65912.131.

2. The development proponent shall submit a signed affidavit to the Director, or designee, attesting to compliance with these requirements, as a condition of approval.

3. If the project is found to be in violation of these requirements, the Director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.

Any violations of this Chapter are also subject to code enforcement pursuant to EMC Chapter 1.08, Enforcement of Provisions of Municipal Code.

Q. Hazardous Materials Review. - environmental assessment (as defined in Health & Safety Code Section 78090) and any 2026-08-12 Item #10B Page 38 of 299
19 subsequent environmental review and remediation, prepared by a qualified environmental professional, as required by subdivision (k) of Government Code Section 65912.124.

R. Compliance with Housing Crisis Act. Where applicable, the development proponent for - requirements of replacement housing law pursuant to Government Code Section 66300.5 and 66300.6.

S. No Short-Term Rentals. - housing development project shall record a restrictive covenant and agreement in a form prescribed by the City Attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than thirty (30) days. The Director, or designee, is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant. The City may conduct annual monitoring to ensure compliance with the covenant and agreement.

30.21.300. - Government Code Sections 65912.110, et seq. - the applicable
100- -
- 2011 100-Percent

30.21.310. -
- development project shall meet all the following requirements, as they exist on the date that the development proponent submits an application pursuant to this Chapter:

A. - of the zones in Section 30.21.040 of this Chapter.

B. - where at least seventy-five percent (75%) of the perimeter of the site is adjoining parcels developed with urban uses. For the purposes of this subsection, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered adjoining.

C. - on or adjoining a site where more than one-third (1/3) of the square footage is dedicated to industrial use. For purposes of this subsection, parcels only separated by a street shall be considered to be adjoined.

D. -
that satisfies the requirements specified in paragraph (6) of subdivision (a) of Government Code Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Government Code Section 65913.4.

E. - site that is currently or was previously governed by any of the following:
2026-08-12 Item #10B Page 39 of 299
20 1. Mobilehome Residency Law (codified at California Civil Code Sections 798, et seq.);

2. Recreational Vehicle Occupancy Law (codified at California Civil Code Sections 799.20, et seq.);

3. Mobilehome Parks Act (codified at Health & Safety Code Sections 18200, et seq.); or

4. Special Occupancy Parks Act (codified at Health & Safety Code Sections 18860, et seq.).

F. -
that would require the demolition of a historic structure that is listed on the National Register of Historic Places, California Register of Historic Places, or Encinitas Register of Historic Property.

G. - on a site that is vacant, if any the following are true at the time that the application is submitted:

2. Located on a site that contains tribal resources, as defined in California Public Resources - housing development project that were found pursuant to a consultation as described in Public Resources Code Section 21080.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.

30.21.320. - A. Multifamily Residential Development. - development project must propose to construct at least five (5) residential dwelling units.

B. Required Minimum Density. - development project shall propose a residential density that meets or exceeds a density of thirty (30) dwelling units per acre.

C. Design Standards - Government Code Sections 65912.110, et seq. shall comply with all the applicable objective design standards, as described in Section 30.21.050 of this Chapter.

D. Other Development Standards. All other objective zoning, subdivision, and design - shall be pursuant to EMC Section 30.16.010(E), Residential 30 Overlay Zone (R-30 Overlay) and those in effect at the time the development application is submitted.

E. Open Space Requirements. - 100-
common open space, beyond what is already existing on the site.

F. Proximity to Freeway. For any housing units on the site located within 500 feet of a freeway, - housing development project shall comply with all of the following:
2026-08-12 Item #10B Page 40 of 299
21 1. The building shall have a centralized heating, ventilation, and air-conditioning system;

2. The outdoor air intakes for the centralized heating, ventilation, and air-conditioning system shall face away from the freeway;

3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of sixteen (16);

4. 5. The building shall not have any balconies facing the freeway.

G. Affordable Housing Requirements.
2011 100-
-income households
making eighty percent (80%) or less of the AMI at an affordable housing cost or affordable rent.

1. -
the standards and requirements in EMC Chapter 30.41, Affordable Housing.

2. - shall be subject to a recorded deed restriction for a period of fifty-five (55) years from certificate of occupancy. Any owner- -Percent
A
for a period of forty-five (45) years from certificate of occupancy.

H. Labor Requirements. -Percent
as, but not limited to, prevailing wage, of Government Code Section 65912.130.

1. -
- development project shall comply with the requirements of Government Code Section 65912.
2011 100-
-Percent
compliance with the requirements of subdivisions (b) and (c) of Government Code Section 65912.131.

2. The development proponent shall submit a signed affidavit to the Director, or designee, attesting to compliance with these requirements, as a condition of approval.

Any violations of this Chapter are also subject to code enforcement pursuant to EMC Chapter 1.08, Enforcement of Provisions of Municipal Code.

I. Hazardous Materials Review. -Percent
2026-08-12 Item #10B Page 41 of 299
22 I environmental assessment (as defined in Health & Safety Code Section 78090) and any subsequent environmental review and remediation, prepared by a qualified environmental professional, as required by subdivision (k) of Government Code Section 65912.114.

J. Compliance with Housing Crisis Act. Where applicable, the development proponent for - requirements of replacement housing law pursuant to Government Code Section 66300.5 and 66300.6.

K. No Short-Term Rentals. - housing development project shall record a restrictive covenant and agreement in a form prescribed by the City Attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than thirty (30) days. The Director, or designee, is authorized to enter into the covenant and agreement on behalf of the City and to deliver any approvals or consents required by the covenant. The City may conduct annual monitoring to ensure compliance with the covenant and agreement.

30.21.400. - - Application Procedures.

A. Application Requirements.
shall include all the required plans, forms, supplemental materials, and required fees as

1. A development proponent shall be required to submit an Director, or designee, to demonstrate compliance with Government Code Sections 65912.100, et seq.

2. Design Review Requirements.
housing development project, the applicant shall obtain Design Review approval in accordance with EMC Chapter 23.08, Design Review. As part of the Design Review process, the applicant shall submit an application in a form prescribed by the Director, or designee, including, but not limited to plans, maps, and visual displays in sufficient detail to demonstrate compliance with all applicable regulations, design standards, and policies.

3. Subdivision Requirements.
subdivision of land, the subdivision shall be processed in accordance with EMC Title 24, Subdivisions, and all applicable provisions of the State Subdivision Map Act, Government Code Section 66410, et seq.

6. Previous and Existing Uses. A description of any existing uses on the property, including information regarding any current residential or commercial tenancies, the date 2026-08-12 Item #10B Page 42 of 299
23 on which such tenancies commenced, and the name and contact information of the existing tenants shall be required.
a. In addition, a description of all existing dwelling units on the site in the ten-year period preceding the date of submittal of the application and identification of any units being rented within that ten-year time period. If dwelling units on the site are currently rented, incomes and household sizes of all residents, of the currently occupied units, if known, shall be provided. If any dwelling units on the site were rented within that ten-year time period but are not currently rented, the incomes and household sizes of the last residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known, shall be provided
b. A description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or lower-income households within that ten-year time period preceding the application submittal date.

7. Affordable Housing Plan. An affordable housing plan shall be required with the affordable housing plan shall be in compliance with EMC Section 30.41.090(A), Affordable Housing Plan.
a. Affordable Housing Agreement. An affordable housing agreement shall be issuance that is in compliance with EMC Section 30.41.090(B), Affordable Housing Agreement.

Section 65915. To request any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Government Code Section 65915 and EMC Section 30.16.020(C), density bonus report demonstrating compliance with all applicable requirements.

C. Application Processing and Review.
development project proposed pursuant to the provisions of Government Code Sections 65912.100, et seq. and Sections 30.21.200 through 30.21.300 of this Chapter shall be exempt from the provisions of the California Environmental Quality Act (CEQA), reviewed ministerially by the Director, or designee, except as provided in subsection (1) below, and shall be approved if all of the criteria in this Chapter are met, in accordance with

1. final determination in accordance with the procedures set forth in the following municipal code sections, including, but not limited to, EMC Chapter 23.08, Design Review; EMC Title 24, Subdivisions; EMC Chapter 30.80, Coastal Development Permit.

2. Planning Commission prior to a final determination on the application by the Director, or designee. Design review shall be objective and be strictly focused on assessing compliance with the criteria required for streamlined, ministerial review of projects and with any reasonable objective design standards in effect at the time of the submittal of the 2026-08-12 Item #10B Page 43 of 299
24 3.
final determination in accordance with the timelines set forth in Government Code Section 65912.114 and Government Code Section 65912.124.

D. Appeals. A final determination by the Director, or designee, or the Planning Commission under the authority of this Chapter may be appealed to the City Council in accordance with the procedures specified in EMC Chapter 1.12, Appeals.
2026-08-12 Item #10B Page 44 of 299

1.1.3 OBJECTIVE DESIGN STANDARDS.

The Downtown Encinitas Specific Plan Multifamily and Mixed-Use Objective Design Standards (DESP ODS) are included as Chapter 12, Appendix to the specific plan and supersede the design recommendations and development standards when in conflict.

The DESP ODS establish objective design standards that shall be applicable to all multifamily residential and mixed-use development projects within the Downtown Encinitas Specific Plan boundary area.

3.2 DEVELOPMENT STANDARDS. 3.2.0
A. General Provisions
The general provisions of Chapter 30.01 of Title 30 of the Encinitas Municipal Code shall apply. In addition, all multifamily residential and mixed-use development projects within the Downtown Encinitas Specific Plan shall first comply with the objective design standards included as Chapter 12, Appendix of the specific plan. In the event of conflict, the objective development and design standards listed in Chapter 12, Appendix shall supersede and prevail over the s.

D. Zones and Development Standards

3.2.1 Residential Zones
2026-08-12 Item #10B Page 45 of 299

6. Design Recommendations: In the D-R11 zone, applicable Specific Plan Design Recommendations shall be considered in addition to the development standards of this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

6. Design Recommendations: In the D-R15 Zone, applicable Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

6. Design Recommendations: In the D-R25 Zone, applicable Specific Plan Design Recommendations shall be considered addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

3.2.2 Commercial Zones
A. Zone: Office Professional (D-OP)

6. Design Recommendations: In the D-CM-2 Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall 2026-08-12 Item #10B Page 46 of 299
take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

B. Zone: Visitor-Serving Commercial (D-VSC)

6. Design Recommendations: In the D-CM-2 Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

3.2.3 Mixed Use Zones
A. Zone: Commercial Mixed - First Street (D-CM-1)

6. Design Recommendations: In the D-CM-2 Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

B. Zone: Commercial Mixed - Second Street (D-CM-2)

7. Design Recommendations: In the D-CM-2 Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

C. Zone: Visitor Commercial Mixed (D-VCM)
2026-08-12 Item #10B Page 47 of 299

8. Design Recommendations: In the D-CM-2 Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

D. Zone: Office Mixed (D-OM)
All multifamily and mixed-use projects shall
be subject to the objective design standards found in Chapter 12, Appendix and these standards shall supersede any specific plan design recommendations and development standards when in conflict.

3.2.4 Public/Semi-Public Zones
A. Zone: Civic Center (D-CC)

6. Design Recommendations: In the Civic Center Zone, the Specific Plan Design Recommendations shall be considered in addition to the development standards in this section. The development standards shall take precedence if a conflict exists between a development standard and a design recommendation, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards.

B. Zone: Public/Semi-Public (D-P/SP)
Use and development standards pursuant to Section , P/SP Zone of Title of the Encinitas Municipal Code shall apply. All multifamily and mixed-use projects shall be subject to the objective design standards found in Chapter 12, Appendix and these standards shall supersede any specific plan design recommendations and development standards when in conflict. In addition, 2026-08-12 Item #10B Page 48 of 299
agricultural uses are permitted in accordance with Chapter (Urban Agriculture) of Title of the Encinitas Municipal Code.

3.2.6 Transportation Corridor Zone (D-TC)
, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 12, Appendix shall supersede the specific plan design recommendations and development standards

4.0 DESIGN RECOMMENDATIONS

4.1 INTRODUCTION AND PURPOSE.

A development applicant should understand that these Recommendations are not regulatory, such as the Development Regulations, but rather discretionary on the part of the City's approval authority. Language will state "very strongly encouraged" or "encouraged" on items the City would like to see in a development project. Therefore, if any discrepancies or inconsistencies between these recommendations and the development Regulations occur, the Development Regulations take precedence.

All multifamily residential and mixed-use development projects within the Downtown Encinitas Specific Plan area shall first comply with the objective design standards included in the Downtown Encinitas Specific Plan Multifamily and Mixed-Use Objective Design Standards (DESP ODS) which are included in Chapter 12, Appendix of the specific plan.

4.2 DEVELOPMENT SUBJECT TO DESIGN REVIEW.
2026-08-12 Item #10B Page 49 of 299

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 DESP ODS City's Design Standards and Guidelines shall apply to all multifamily residential development and mixed-use residential development. Where conflicts in objective standards occur, the objective design standards specified in this cChapter 12, Appendix shall supersede and apply. The Design Standards Guidelines contained in Chapter 12, Appendix of the specific plan the City's Design Standards and Guidelines are shall supersededby the design recommendations contained in this chapter. Where the Specific Plan is silent, the City's Design Guidelines shall apply. Limitations to uses and approvals required under use regulations, Chapter 3.0 of this specific plan, are not affected by this Design Review exemption.

12.0 APPENDIX

12.1 DOWNTOWN ENCINITAS SPECIFIC PLAN MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS.
2026-08-12 Item #10B Page 50 of 299
2026-08-12 Item #10B Page 51 of 299
2026-08-12 Item #10B Page 52 of 299
Chapter 12, Appendix
2026-08-12 Item #10B Page 53 of 299
2026-08-12 Item #10B Page 54 of 299
2026-08-12 Item #10B Page 55 of 299
2026-08-12 Item #10B Page 56 of 299
2026-08-12 Item #10B Page 57 of 299
2026-08-12 Item #10B Page 58 of 299
2026-08-12 Item #10B Page 59 of 299
2026-08-12 Item #10B Page 60 of 299
2026-08-12 Item #10B Page 61 of 299
2026-08-12 Item #10B Page 62 of 299
2026-08-12 Item #10B Page 63 of 299
2026-08-12 Item #10B Page 64 of 299
2026-08-12 Item #10B Page 65 of 299
2026-08-12 Item #10B Page 66 of 299
2026-08-12 Item #10B Page 67 of 299
2026-08-12 Item #10B Page 68 of 299
2026-08-12 Item #10B Page 69 of 299
2026-08-12 Item #10B Page 70 of 299
2026-08-12 Item #10B Page 71 of 299
2026-08-12 Item #10B Page 72 of 299
2026-08-12 Item #10B Page 73 of 299
2026-08-12 Item #10B Page 74 of 299
2026-08-12 Item #10B Page 75 of 299
2026-08-12 Item #10B Page 76 of 299
2026-08-12 Item #10B Page 77 of 299
2026-08-12 Item #10B Page 78 of 299
2026-08-12 Item #10B Page 79 of 299
2026-08-12 Item #10B Page 80 of 299
2026-08-12 Item #10B Page 81 of 299
2026-08-12 Item #10B Page 82 of 299
2026-08-12 Item #10B Page 83 of 299
2026-08-12 Item #10B Page 84 of 299
2026-08-12 Item #10B Page 85 of 299
2026-08-12 Item #10B Page 86 of 299
2026-08-12 Item #10B Page 87 of 299
2026-08-12 Item #10B Page 88 of 299
2026-08-12 Item #10B Page 89 of 299
2026-08-12 Item #10B Page 90 of 299
2026-08-12 Item #10B Page 91 of 299
2026-08-12 Item #10B Page 92 of 299
2026-08-12 Item #10B Page 93 of 299
2026-08-12 Item #10B Page 94 of 299
2026-08-12 Item #10B Page 95 of 299

1.1 INTRODUCTION.

The preparation of this document is called for by the City's General Plan in recognition of the unique character, needs, and opportunities. All components and requirements as specified in the General Plan have been addressed in this document which is made up of ten eleven chapters:

1. Summary

2. Community Vision and Specific Plan Goals

3. Use and Development Regulations

4. Design Recommendations

5. Circulation Plan

6. Public Facilities and Infrastructure

7. Historic Preservation Plan

8. Housing

9. General Plan and Local Coastal Program Compliance; and

10. Implementation.

11. Appendix
.1.3 OBJECTIVE DESIGN STANDARDS.

The North 101 Corridor Specific Plan Multifamily and Mixed-Use Objective Design Standards (NCSP ODS) are included as Chapter 11, Appendix to the specific plan and supersede the design recommendations and development standards when in conflict.

The NCSP ODS establish objective design standards that shall be applicable to all multifamily residential and mixed-use development projects within the North 101 Corridor Specific Plan area.

CHAPTER 3.0 USE AND DEVELOPMENT REGULATIONS

3.1 DEVELOPMENT STANDARDS.
2026-08-12 Item #10B Page 96 of 299
All applicable provisions of Title 30 of the Encinitas Municipal Code shall apply to all properties within the North 101 Corridor Specific Plan area, except as otherwise specified herein. In addition, all multifamily residential and mixed-use development projects within the North 101 Corridor Specific Plan area shall first comply with the objective design standards included as Chapter 11, Appendix of the specific plan.

In the event of conflict, the objective design standards listed in Chapter 11, Appendix shall supersede and prevail over any development standards and design recommendations.

3.1.1 and prevail over
development standards design recommendations
2026-08-12 Item #10B Page 97 of 299
, except for multifamily and
mixed-use projects wherein the objective design standards in Chapter 11, Appendix shall supersede the specific plan design recommendations and development standards.
, except for multifamily and
mixed-use projects wherein the objective design standards in Chapter 11, Appendix shall supersede the specific plan design recommendations and development standards.
, except for multifamily and
mixed-use projects wherein the objective design standards in Chapter 11, Appendix shall supersede the specific plan design recommendations and development standards.
2026-08-12 Item #10B Page 98 of 299
, except for multifamily and
mixed-use projects wherein the objective design standards in Chapter 11, Appendix shall supersede the specific plan design recommendations and development standards.
, except for multifamily and
mixed-use projects wherein the objective design standards in Chapter 11, Appendix shall supersede the specific plan design recommendations and development standards.
, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 11, Appendix shall supersede the specific plan design recommendations and development standards.
2026-08-12 Item #10B Page 99 of 299
, except for multifamily and mixed-use projects wherein the objective design standards in Chapter 11, Appendix shall supersede the specific plan design recommendations and development standards.

All multifamily and mixed-use projects within the North 101 Corridor Specific Plan area shall comply with the objective design standards which are included in Chapter 11, Appendix and these standards shall supersede the specific plan design and development standards when in conflict.

All multifamily and mixed-use development projects within the North 101 Corridor Specific Plan area shall comply with the objective design standards which are included in Chapter 11, Appendix and these standards shall supersede the specific plan design and development standards when in conflict.

4.0 DESIGN RECOMMENDATIONS

4.1 INTRODUCTION AND PURPOSE.
2026-08-12 Item #10B Page 100 of 299
A development applicant should understand that these Recommendations are not regulatory, such as the Development Regulations, but rather discretionary on the part of the City's approval authority. Language will state "very strongly encouraged" or "encouraged" on items the City would like to see in a development project. Therefore, if any discrepancies or inconsistencies between these recommendations and the development Regulations occur, the Development Regulations take precedence.

All multifamily and mixed-use development projects within the North 101 Corridor Specific Plan area shall comply with the objective design standards which are included in Chapter 11, Appendix of the specific plan and these standards shall supersede the specific plan design recommendations and development standards when in conflict.

4.2 DEVELOPMENT REQUIRING DESIGN REVIEW.

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 GuidelinesNCSP ODS shall apply to all multifamily residential development and mixed-use residential development projects. Where conflicts in objective standards occur, the objective design standards specified in this cChapter 11, Appendix shall supersede and apply. Where the Specific Plan is silent, the City's Design Guidelines shall apply.

4.5 COMMERCIAL AND MIXED USE DESIGN RECOMMENDATIONS.

4.5.1 INTRODUCTION
New developments and enhancement of existing development will evolve in a more unique and creative manner if the recommendations are flexible and provide an array of choices that can be combined in many different ways. The following recommendations will provide direction without eliminating the creative opportunities that will ultimately determine the success of many design solutions. Rather than establishing strict and rigid recommendations, a framework of discretionary statements has been created.

All mixed-use development projects within the North 101 Corridor Specific Plan area shall comply with objective design standards which are included in Chapter 11, Appendix of the specific plan. In the event of conflict, the objective design standards listed in Chapter 2026-08-12 Item #10B Page 101 of 299
11, Appendix shall prevail over and supersede the specific plan design recommendation and development standards.

4.5 RESIDENTIAL DESIGN RECOMMENDATIONS.

All mixed-use development projects within the North 101 Corridor Specific Plan area shall comply with the objective design standards which are included in Chapter 11, Appendix of the specific plan. In the event of conflict, the design standards listed in Chapter 11, Appendix shall prevail over and supersede

4.5 GENERAL LANDSCAPING RECOMMENDATIONS.

All
mixed-use development projects within the North 101 Corridor Specific Plan area shall comply with the objective landscaping standards which are included in Chapter 11, Appendix of the specific plan. In the event of conflict, the landscaping standards listed in Chapter 11, Appendix shall prevail and supersede landscaping recommendation.

11.0. APPENDIX

11.1. NORTH 101 CORRIDOR SPECIFIC PLAN MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS.
2026-08-12 Item #10B Page 102 of 299
2026-08-12 Item #10B Page 103 of 299
2026-08-12 Item #10B Page 104 of 299
Chapter 11, Appendix
2026-08-12 Item #10B Page 105 of 299
2026-08-12 Item #10B Page 106 of 299
2026-08-12 Item #10B Page 107 of 299
2026-08-12 Item #10B Page 108 of 299
2026-08-12 Item #10B Page 109 of 299
2026-08-12 Item #10B Page 110 of 299
2026-08-12 Item #10B Page 111 of 299
2026-08-12 Item #10B Page 112 of 299
2026-08-12 Item #10B Page 113 of 299
2026-08-12 Item #10B Page 114 of 299
2026-08-12 Item #10B Page 115 of 299
2026-08-12 Item #10B Page 116 of 299
2026-08-12 Item #10B Page 117 of 299
2026-08-12 Item #10B Page 118 of 299
2026-08-12 Item #10B Page 119 of 299
2026-08-12 Item #10B Page 120 of 299
2026-08-12 Item #10B Page 121 of 299
2026-08-12 Item #10B Page 122 of 299
2026-08-12 Item #10B Page 123 of 299
2026-08-12 Item #10B Page 124 of 299
2026-08-12 Item #10B Page 125 of 299
2026-08-12 Item #10B Page 126 of 299
2026-08-12 Item #10B Page 127 of 299
2026-08-12 Item #10B Page 128 of 299
2026-08-12 Item #10B Page 129 of 299
2026-08-12 Item #10B Page 130 of 299
2026-08-12 Item #10B Page 131 of 299
2026-08-12 Item #10B Page 132 of 299
2026-08-12 Item #10B Page 133 of 299
2026-08-12 Item #10B Page 134 of 299
2026-08-12 Item #10B Page 135 of 299
2026-08-12 Item #10B Page 136 of 299
2026-08-12 Item #10B Page 137 of 299
2026-08-12 Item #10B Page 138 of 299
2026-08-12 Item #10B Page 139 of 299
2026-08-12 Item #10B Page 140 of 299
2026-08-12 Item #10B Page 141 of 299
2026-08-12 Item #10B Page 142 of 299
2026-08-12 Item #10B Page 143 of 299
2026-08-12 Item #10B Page 144 of 299
2026-08-12 Item #10B Page 145 of 299
2026-08-12 Item #10B Page 146 of 299
2026-08-12 Item #10B Page 147 of 299
2026-08-12 Item #10B Page 148 of 299
2026-08-12 Item #10B Page 149 of 299
Chapter 12, Appendix
2026-08-12 Item #10B Page 150 of 299
2026-08-12 Item #10B Page 151 of 299
2026-08-12 Item #10B Page 152 of 299
2026-08-12 Item #10B Page 153 of 299
2026-08-12 Item #10B Page 154 of 299
2026-08-12 Item #10B Page 155 of 299
2026-08-12 Item #10B Page 156 of 299
2026-08-12 Item #10B Page 157 of 299
2026-08-12 Item #10B Page 158 of 299
2026-08-12 Item #10B Page 159 of 299
2026-08-12 Item #10B Page 160 of 299
2026-08-12 Item #10B Page 161 of 299
2026-08-12 Item #10B Page 162 of 299
2026-08-12 Item #10B Page 163 of 299
2026-08-12 Item #10B Page 164 of 299
2026-08-12 Item #10B Page 165 of 299
2026-08-12 Item #10B Page 166 of 299
2026-08-12 Item #10B Page 167 of 299
2026-08-12 Item #10B Page 168 of 299
2026-08-12 Item #10B Page 169 of 299
2026-08-12 Item #10B Page 170 of 299
2026-08-12 Item #10B Page 171 of 299
2026-08-12 Item #10B Page 172 of 299
2026-08-12 Item #10B Page 173 of 299
2026-08-12 Item #10B Page 174 of 299
2026-08-12 Item #10B Page 175 of 299
2026-08-12 Item #10B Page 176 of 299
2026-08-12 Item #10B Page 177 of 299
2026-08-12 Item #10B Page 178 of 299
2026-08-12 Item #10B Page 179 of 299
2026-08-12 Item #10B Page 180 of 299
2026-08-12 Item #10B Page 181 of 299
2026-08-12 Item #10B Page 182 of 299
2026-08-12 Item #10B Page 183 of 299
2026-08-12 Item #10B Page 184 of 299
2026-08-12 Item #10B Page 185 of 299
2026-08-12 Item #10B Page 186 of 299
2026-08-12 Item #10B Page 187 of 299
2026-08-12 Item #10B Page 188 of 299
2026-08-12 Item #10B Page 189 of 299
2026-08-12 Item #10B Page 190 of 299
2026-08-12 Item #10B Page 191 of 299
2026-08-12 Item #10B Page 192 of 299
2026-08-12 Item #10B Page 193 of 299
2026-08-12 Item #10B Page 194 of 299
Chapter 11, Appendix
2026-08-12 Item #10B Page 195 of 299
2026-08-12 Item #10B Page 196 of 299
2026-08-12 Item #10B Page 197 of 299
2026-08-12 Item #10B Page 198 of 299
2026-08-12 Item #10B Page 199 of 299
2026-08-12 Item #10B Page 200 of 299
2026-08-12 Item #10B Page 201 of 299
2026-08-12 Item #10B Page 202 of 299
2026-08-12 Item #10B Page 203 of 299
2026-08-12 Item #10B Page 204 of 299
2026-08-12 Item #10B Page 205 of 299
2026-08-12 Item #10B Page 206 of 299
2026-08-12 Item #10B Page 207 of 299
2026-08-12 Item #10B Page 208 of 299
2026-08-12 Item #10B Page 209 of 299
2026-08-12 Item #10B Page 210 of 299
2026-08-12 Item #10B Page 211 of 299
2026-08-12 Item #10B Page 212 of 299
2026-08-12 Item #10B Page 213 of 299
2026-08-12 Item #10B Page 214 of 299
2026-08-12 Item #10B Page 215 of 299
2026-08-12 Item #10B Page 216 of 299
2026-08-12 Item #10B Page 217 of 299
2026-08-12 Item #10B Page 218 of 299
2026-08-12 Item #10B Page 219 of 299
2026-08-12 Item #10B Page 220 of 299
2026-08-12 Item #10B Page 221 of 299
2026-08-12 Item #10B Page 222 of 299
2026-08-12 Item #10B Page 223 of 299
2026-08-12 Item #10B Page 224 of 299
2026-08-12 Item #10B Page 225 of 299
2026-08-12 Item #10B Page 226 of 299
2026-08-12 Item #10B Page 227 of 299
2026-08-12 Item #10B Page 228 of 299
2026-08-12 Item #10B Page 229 of 299
2026-08-12 Item #10B Page 230 of 299
2026-08-12 Item #10B Page 231 of 299
2026-08-12 Item #10B Page 232 of 299
2026-08-12 Item #10B Page 233 of 299
2026-08-12 Item #10B Page 234 of 299
2026-08-12 Item #10B Page 235 of 299
2026-08-12 Item #10B Page 236 of 299
2026-08-12 Item #10B Page 237 of 299
2026-08-12 Item #10B Page 238 of 299
2026-08-12 Item #10B Page 239 of 299
2026-08-12 Item #10B Page 240 of 299
2026-08-12 Item #10B Page 241 of 299
2026-08-12 Item #10B Page 242 of 299
2026-08-12 Item #10B Page 243 of 299
2026-08-12 Item #10B Page 244 of 299
2026-08-12 Item #10B Page 245 of 299
2026-08-12 Item #10B Page 246 of 299
2026-08-12 Item #10B Page 247 of 299
2026-08-12 Item #10B Page 248 of 299
2026-08-12 Item #10B Page 249 of 299
2026-08-12 Item #10B Page 250 of 299
2026-08-12 Item #10B Page 251 of 299
2026-08-12 Item #10B Page 252 of 299
2026-08-12 Item #10B Page 253 of 299
2026-08-12 Item #10B Page 254 of 299
2026-08-12 Item #10B Page 255 of 299
2026-08-12 Item #10B Page 256 of 299
2026-08-12 Item #10B Page 257 of 299
2026-08-12 Item #10B Page 258 of 299
2026-08-12 Item #10B Page 259 of 299
2026-08-12 Item #10B Page 260 of 299
2026-08-12 Item #10B Page 261 of 299
2026-08-12 Item #10B Page 262 of 299
2026-08-12 Item #10B Page 263 of 299
2026-08-12 Item #10B Page 264 of 299
2026-08-12 Item #10B Page 265 of 299
2026-08-12 Item #10B Page 266 of 299
2026-08-12 Item #10B Page 267 of 299
2026-08-12 Item #10B Page 268 of 299
2026-08-12 Item #10B Page 269 of 299
2026-08-12 Item #10B Page 270 of 299
2026-08-12 Item #10B Page 271 of 299
2026-08-12 Item #10B Page 272 of 299
2026-08-12 Item #10B Page 273 of 299
2026-08-12 Item #10B Page 274 of 299
2026-08-12 Item #10B Page 275 of 299

2. 2026-08-12 Item #10B Page 276 of 299
2026-08-12 Item #10B Page 277 of 299

6. 2026-08-12 Item #10B Page 278 of 299
2026-08-12 Item #10B Page 279 of 299
2026-08-12 Item #10B Page 280 of 299
2026-08-12 Item #10B Page 281 of 299
2026-08-12 Item #10B Page 282 of 299
2026-08-12 Item #10B Page 283 of 299
2026-08-12 Item #10B Page 284 of 299
2026-08-12 Item #10B Page 285 of 299
2026-08-12 Item #10B Page 286 of 299
1 1
2026-08-12 Item #10B Page 287 of 299
2 3
2 3
2026-08-12 Item #10B Page 288 of 299
4 4
2026-08-12 Item #10B Page 289 of 299
2026-08-12 Item #10B Page 290 of 299
2026-08-12 Item #10B Page 291 of 299
2026-08-12 Item #10B Page 292 of 299
2026-08-12 Item #10B Page 293 of 299
2026-08-12 Item #10B Page 294 of 299
2026-08-12 Item #10B Page 295 of 299
2026-08-12 Item #10B Page 296 of 299
2026-08-12 Item #10B Page 297 of 299
2026-08-12 Item #10B Page 298 of 299
2026-08-12 Item #10B Page 299 of 299

Encinitas City CouncilAugust 12, 2026

Encinitas City Council
August 12, 2026