This title is adopted to regulate the use of real property and the buildings, structures and improvements located thereon so as to protect, promote and enhance the public safety, health and welfare.

This chapter is adopted pursuant to, and to implement provisions of, the Encinitas General Plan and certified Local Coastal Program Land Use Plan (LUP). The regulatory provisions of this title shall implement the provisions of the General Plan to carry out the objectives contained therein.

This title shall be known as the "Zoning Regulations."

When, in the opinion of the Director, it is necessary for the City to render an administrative interpretation of one or more of the provisions of this title, the Director of Planning and Building may cause a noticed, public hearing to be conducted by the Planning Commission.

After hearing, the Planning Commission may render an interpretation which shall thereafter control development within the City, unless an appeal is filed pursuant to Chapter 1.12.

A determination of whether a particular use is within the scope of permitted uses and allowable accessory uses in a particular zone shall constitute a "determination of allowable use."

A person with an interest in real property located within a particular zone who intends to develop such real property with a use not expressly allowed in such zone shall be entitled to apply to the Planning Commission for a determination of allowable use.

Upon the making of the application and the payment of a fee set by resolution of the City Council, the director shall cause a noticed, public hearing to be conducted by the Planning Commission.

The determination of allowable use by the Planning Commission shall become final and thereafter control development within the particular zone, unless such determination of use is appealed pursuant to Chapter 1.12.

A determination of whether a particular project complies with the non-discretionary development regulations applicable to the particular project shall constitute a "determination of development compliance."

A determination of development compliance rendered by the Director or his/her authorized representative may be appealed to the Planning Commission for reconsideration. Any request for reconsideration shall be filed within 10 calendar days of such determination. The determination of the Planning Commission shall be final, unless appealed pursuant to Chapter 1.12.

A determination of development compliance shall not substitute for an application for relief from the regulations of this title.

The City shall be divided into use zones and the boundaries of those zones shall be depicted on a map known as the "Zoning Map of the City" which shall be on file with the Director and available to the public for review.

Specific Plan areas are also identified on the Zoning Map, denoted by a "SP" designator. For individual specific plan areas there may be different use zones which apply. Refer to individual specific plans, as referenced in Chapter 30.84, Specific Plans, for use zones and their boundaries within a particular specific plan area.

An approval for a discretionary or ministerial approval or permit authorized by this title shall be made on the form approved by the Director.

To be received for filing, the application must be complete and the applicant must submit a fee and/or deposit in the amount identified in accordance with the current Planning Fee Schedule. The required fees and/or deposit amounts identified in the Planning Fee Schedule may be determined from time to time by resolution.

For projects which a deposit is required, additions to the deposit may be required by the Director and shall be paid by the applicant or the processing of the application shall be terminated.

When a noticed, public hearing must be conducted the following shall apply:

When a public hearing is not required and the notice is to allow for a public review and comment period, paragraphs 2, 3, and 5 in subsection A apply. The notice shall indicate the time prior to which comments or objections must be filed.

As an alternative to mailing, where the number of property owners to whom notice would be sent is greater than 1,000, the Director may elect to publish notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation within the City.

Notwithstanding the notice procedures described above, the Director shall mail notice by first class mail to any person who has filed a written request therefor and has paid the required fee. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. It may then be renewed annually during January. In December, the Director shall mail a notice to persons receiving notice in accordance with this section which shall indicate the need to renew the request.

For coastal development permits, public notice procedures shall conform to the requirements in Chapter 30.80, Coastal Development Permit, in addition to the requirements of this section.

If the date of a subsequent hearing or a continued hearing is announced at the noticed time and place, no additional notice is required for the second or continued hearing, unless required by law. If no such announcement is made at the noticed time and place, the second or continued hearing shall be noticed in accordance with the above.

Upon timely application by a person with an interest in a real property use, building, structure or improvement, the Planning Commission shall determine whether the operation of the provisions of this title conflict with such person's rights under the laws of the State of California or the United States.

In the event of an affirmative determination, the Planning Commission may, by resolution, adjust the impact of this title on such person to alleviate the conflict. The determination of the Planning Commission shall be final and shall thereafter control the operation of this title on the subject property unless appealed to the City Council pursuant to Chapter 1.12.

This section shall not constitute a substitute for a variance.

It is unlawful for any person to use real property within the City in a manner that is contrary to the land use designations made applicable to such real property in accordance with the provisions of this title.

It is unlawful for any person to develop or maintain improvements upon real property within the City in a manner that is contrary to the development standards made applicable to such real property in accordance with the provisions of this title.