Encinitas City Zoning Code

A change in the boundaries of any zone or a change of zoning on property from one zone to another may be initiated by the owner(s) or the authorized agent of the owner(s) of the property by filing an application for zoning amendment as described in this chapter. An application accepted by the City shall constitute an application for zoning amendment, and if applying all or in part to property or properties within the Coastal Zone, shall constitute an application for amendment to the implementing regulations of the Encinitas Local Coastal Plan (LCP).

A change in boundaries of any zone, a change of zoning on property from one zone to another, or a change in the zoning regulations may be initiated by resolution approved by the majority of the City Council. This resolution shall constitute an application for zoning amendment and an amendment to the implementing regulations of the City's LCP.

The City Council is authorized to render a final determination on a zoning amendment application; provided, however, that a change in the regulations of this title, or a change in zoning boundaries or designation of a property or properties all or in part within the Coastal Zone, shall be subject to the provisions of subsection D of this section. The City Council's determination shall be made upon receipt of advisory recommendations from the Planning Commission. The Council's authority to render a determination on a zoning amendment application includes the authority to approve, approve in a modified form, or deny such application.

Once approved by the City Council, a zoning amendment for a change in the regulations of this title, or a change in zoning boundaries or designation or property or properties all or in part within the Coastal Zone, constitutes a proposed amendment to the implementing regulations of the City's LCP. A proposed LCP amendment shall comply in form and content with, and shall follow the procedures specified by, Chapter 30.82 of the Municipal Code. Such an amendment shall not become effective until certified by the Coastal Commission pursuant to Public Resources Code Section 30514.

There shall be no more than three LCP amendment submittals in any calendar year, subject to exceptions pursuant to paragraph (c) of Section 30514 of the California Public Resources Code. Each submittal may consist of one or more zoning changes.

Pre-Application Conference. Prior to submitting an application for a zoning amendment, a prospective applicant shall consult with the Planning and Building Department to obtain information and to inform the Department of the applicant's intentions.

A property owner or the owner's authorized agent who wishes to propose a change in the boundaries of the zone in which a property is located, may file an application for amending boundaries with the Director of Planning and Building. The specific submittal requirements for the application will be prescribed in writing by the Director and will be provided to the applicant upon request. The Director may require any additional information that may be necessary to enable the decision-makers to determine whether the proposed change is consistent with the General Plan and the purposes of the Zoning Code and Local Coastal Program. The submittal requirements shall include all information necessary to complete environmental review of the proposed project in accordance with state and local guidelines for the implementation of the California Environmental Quality Act.

Following the public hearing, the Planning Commission shall render its decision in the form of written findings and a recommendation to the City Council.

If the Commission finds that the amendment is consistent with the purposes of the Zoning Regulations, the General Plan, and when applicable the certified Local Coastal Program, the Commission shall recommend the introduction of an ordinance amending the zoning map or zoning regulations, whichever is appropriate.

Should the Commission find that the amendment is inconsistent with the purposes of the Zoning Regulations, the General Plan, and when applicable, the certified Local Coastal Program, the Commission shall recommend denial or modification of the amendment, or continue it for changes necessary to become consistent.

The City Council shall review the Planning Commission's findings and recommendation on the zoning amendment in a public hearing.

If the Council finds that the zoning amendment is consistent with the purposes of the Zoning Regulations, the City of Encinitas General Plan, and when applicable, the certified Local Coastal Program, the Council shall introduce an ordinance amending the zoning map or zoning regulations, whichever is appropriate. Once adopted by ordinance, an amendment subject to the jurisdiction of the Coastal Commission pursuant to subsections D and E of Section 30.72.020 of this chapter shall be submitted to the Coastal Commission for certification pursuant to Municipal Code Chapter 30.82.

If the Council finds that the amendment is inconsistent with the purposes of the Zoning Regulations, the General Plan, and when applicable the certified Local Coastal Program, the Council shall deny or modify the amendment, or continue it for changes necessary to become consistent.

Any modification of the amendment which was not previously considered by the Planning Commission shall first be referred to the Commission for report and recommendation; however, no public hearing shall be required in that case. If the Commission does not make its recommendation to the Council within 40 days after the referral or longer as may be designated by the Council, the recommendation of the Commission shall be considered to be approval of the modification. Within 40 days of the Planning Commission recommendation on the modification, a new public hearing before the City Council shall be set and noticed as described within this Code.

The City Council's action to deny the amendment is final. Council action to approve an amendment is final, provided that amendments subject to the jurisdiction of the Coastal Commission, pursuant to subsections C and D of Section 30.72.020 of this chapter, shall not become final until approved by action of the Coastal Commission.