ENCINITAS: Council to look at limiting ground floor uses in downtown
Offices considered detrimental to pedestrian traffic
By RUTH MARVIN WEBSTER - Staff Writer | ∞
ENCINITAS ---- A proposed zoning change to limit businesses along Coast Highway to only retail and pedestrian-friendly services has given some downtown Encinitas merchants cause for concern.
Under a draft ordinance that comes before the City Council on Wednesday, ground-floor commercial space along South Coast Highway 101 between Encinitas Boulevard and K Street would be limited to retail shops and restaurants, while medical, insurance, real estate and legal offices would be prohibited. Some of the 11 uses that would be prohibited under the law would be grandfathered in, or allowed to remain if already in place, thus essentially limiting only future uses, said city associate planner Mike Strong.
So far, the decision of which retail and service uses to allow has been a most contentious issue within the business community.
"I don't think that anyone at the city is looking out to hurt anyone's business," said Tee Taylor who owns Photo Aqua, a photography studio and portrait boutique on Coast Highway. "And I think what they are trying to do with the regulation is a good thing. We just think that they need to look at every business individually and that there should be a fairly loose interpretation."
At their meeting in May, city planning commissioners reworked much of the original list of prohibited uses, which was drawn up by city staff members, indicating that of many of the prohibited businesses such as chiropractic offices and yoga studios might promote walking.
"I think the problem is that we don't want to our community turned into just cute little tourist shops but that we would also like to see a real working city where you can get everything you need," said Gary Tucker, who previously owned the 7-Eleven convenience store on Coast Highway and is now chief executive officer of the Encinitas Chamber of Commerce. "Besides, people who work in the offices also patronize the restaurants and businesses and promote a walkable downtown community."
Strong, the city's associate planner, said the list of permitted uses has changed somewhat as the proposal has developed, adding that he expects a lengthy discussion of the types of uses at Wednesday's council meeting.
"One of things they wouldn't allow is a motorcycle or scooter dealership," said Tucker "and I think we could do worse than having a Vespa dealership."
Peder Norby, Highway 101 corridor coordinator and facilitator for the city, said that the process started nearly three years ago, when the council decided to look at how to best modernize provisions in the city's specific plan.
"The concept of vertical zoning is now common, but it wasn't around when we did the specific plan. Now, just about every specific plan has a provision to regulate the use of ground floor commercial space," said Norby, adding that both Coronado and Laguna Beach have enacted similar ordinances to prevent the expansion of office use in downtown commercial districts.
In March, the city of Del Mar enacted an emergency moratorium on any new nonretail use of ground floor space fronting Camino Del Mar.
Norby, who has been a vocal proponent of the ordinance, said the amendment is the best way to keep the main corridor from becoming primarily office space, which discourages pedestrian traffic.
"We can look south just eight or nine miles (to Del Mar), but by then the horse is out of the barn," he said.
Some local businesspeople, such as Alan Dorfman, have said they believe natural market forces are enough to ensure that the downtown commercial district remains vibrant.
"I think the economics and demographics will handle the situation," said Dorfman, who manages, leases and rents downtown commercial property . "We don't need theorists (at the city) to make up codes and laws like this that are not flexible enough to handle the economy ... In a bad economy, the first thing to go is the beautiful boutiques and if there are vacancies, you don't want to create a burden on landlords by limiting who they can rent to."
Contact staff writer Ruth Marvin Webster at (760) 901-4074 or rwebster@nctimes.com.
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Mike wrote on Aug 26, 2008 8:31 PM:Emulating retail methods by Del Mar merchants is a sure-fire way to get Encinitas in trouble. These decisions are being made by council people who have never owned a business, owned a piece of commercial property and have way too much free time on their hands.
The simple fact is, nobody from the city ever contacted the Encinitas Chamber of Commerce to ask their advice on this subject because they would have found out in short order that the Chamber is against this kind of nimbyism. Tying the hands of property-owners in this economy is tantamount to malfeasance and anyone who has ever run a successful retail business would tell the council so.
The free-market determines what happens on Hwy 101. The fastest way to obstruct business/sales tax revenue generation that feeds the city budget is to fool around with ridiculous laws like this, or spending hard-earned tax dollars to fund a 'trolley' in a town that clearly doesn't need one, rather than deal with the real parking problems caused by the 5th car that NCTD added to the morning train and the many new all-day parking cars it has added.
The business community is watching to see the results of tomorrow evening's vote on this subject.
Leucadian Merchant wrote on Aug 26, 2008 9:25 PM:Mike - Wise up. Del Mar didn't have the regulations and lost their downtown to lawyers, "Financial planners" and real estate Offices. Now they realize they lost their retail and they are trying to get it back. not an easy task. Encinitas could and should prevent this from happening. To Alan Dorfman- I wish no regulations worked, but since we the people are not allowed to burn down the boxy crap in town that we don't like, I guess will need to adopt land use policy. Sorry Alan. PS- Fix up that eyesore in Leucadia.
Beth wrote on Aug 26, 2008 9:32 PM:Council- Listen to Peder on this. He knows his stuff. Look at Del Mar. They lost their downtown to Lawyers and real estate offices. Do we want the same fate. do you want to replace Ace Hardware with a New Realty Executives Office? I bet people will flock to come and visit a real estate office and take home stuff to the family. Do the right thing on this one. Voting Residents are watching.
Cassandra wrote on Aug 26, 2008 9:56 PM:Del Mar lost it's downtown when they lost the train station. The citizens are supporting the commercial services they need or want. Encinitas isn't Del Mar. I come downtown to get my car repaired, and buy lunch while I'm waiting, and shop in different stores. I wouldn't go there if there weren't car repair places, or hardware stores.
Perhaps city staff doesn't have enough to do with the housing slow down. They need to quit micromanaging the zoning.
its so simple wrote on Aug 26, 2008 11:00 PM:The only question is; can this loss of a commercial district to mostly office happen to Encinitas now or in the future?
If it can, this is a good idea.
I don't think this prevents car repairs or hardware stores.
Thinkin in Leucadia wrote on Aug 27, 2008 12:26 AM:I am often glad my business is in Oceanside. Encinitans don't need to spend money legally defending stupid council members from a lawsuit brought on by commercial property owners. What part of local businesses is a problem. Peter Norby is not running a business, he is running a one man show.
NSShirlock wrote on Aug 27, 2008 3:55 AM:Retail brings traffic. The other businesses create dead space. They should find space in outlying areas. People tire of walking past businesses that cater to limited customers. Check out downtown Escondido's mistakes if you need proof. Dead is dead and will remain so.
John E wrote on Aug 27, 2008 5:34 AM:Mike, don't blame the longer Coaster trains, which are sorely needed. Instead, note that NCTD elected to terminate its Coaster shuttle bus service in response to its budgetary crisis.
Swami wrote on Aug 27, 2008 5:54 AM:Cassandra- Your point is my point. People come to downtown for the shopping. You don't shop in a realtor or Lawyers office. Without regulation of 1st floor, the lawyers and "professionals" will buy up all the retail space like Ace Hardware and make them offices of cubicals. We are not Del Mar yet. But we could be if we don't do something to protect our downtown from losing its retail and becoming offices and condos. Its our choice.
Jack wrote on Aug 27, 2008 6:02 AM:If council does not vote for this, It a clear indication they have no idea how to keep a top tear downtown mainsreet area. Do you want to keep a mainstreet or become more like what Del Mar looks like today? "Professional" Offices and a few restaurants. I think the mainstreet with retail is worth preserving.
Margret wrote on Aug 27, 2008 6:06 AM:Cassandra-The lost of a trainstation has little to do with the loss of the downtown retail in Del Mar. The realtors and Lawyers bought up all the space for offices, because they liked the address on their letterhead. Unless we do something, the same will happen in Encinitas. Just look at the redevelopment that has occured. All office space.
Leucadian Merchant wrote on Aug 27, 2008 7:08 AM:I wish my business was in Encinitas. Encinitas is thinking of the future. Its protecting retail on front 1st level only. The lawyers and Realtors can have all the off street and 2nd, and 3rd floor offices they want. This is good thinking ahead for Encinitas. Before we have a huge problem we can not correct.
Chris wrote on Aug 27, 2008 7:49 AM:Talking about micromanaged downtown business areas/assessment districts, and you're talking about Escondido. Grand Ave. is very under utilized, and the assessment district is an overlay of control and for some a financial burden. I for one would question its effectiveness.
Is this next for the 101 corridor?
Why does city staff think this is necessary? Who proposed it? Where is the public input? Isn't there already a specific plan for the area, like Leucadia? Why wasn't the chamber consulted? Slow this down and get some public input.
merchant wrote on Aug 27, 2008 7:51 AM:Mike, The comment should be: Emulating property owners and zoning methods by Del Mar is a sure-fire way to get Encinitas in trouble.
You make the best case for adoptiong this zoning change. We can all, including Del Mar and Ecdondido, see that degrading the retil mainstreet and replacing it with office on the ground floor is not a good thing.
I hope the chamber supports it's retail merchants equally as property owners.
Merchants are fearful of office uses that cram more people into smaller cubicles, pay more that retail in rents(that's the Del Mar problem) generate more parking problems and reduce the sales tax income to the city.
Laguna is mentioned it it has the highest property values, not lowest property values because they protected their retail core.
committee member wrote on Aug 27, 2008 8:14 AM:Gary Tucker and the Chamber of Commerce have been involved, have attended the meetings and have made very constructive and well thought out suggestions with DEMA and others doing the same.
Uses such as the vespa, motorcycle sales, and several other uses such as photography and drycleaning. These are all allowed under the proposal and do as Gary says, make a real downtown..
Cities that don't pay atention to their zoning, that allow offices to use 1st floor retail space in their core areas suffer.
to Chris wrote on Aug 27, 2008 11:01 AM:That's the whole point of the meeting. Go give your public input.... in public. Geez.
To John E wrote on Aug 31, 2008 9:48 AM:Get a clue.
NCTD elected to eliminate the polluting Coaster Connection shuttle because it had FEW riders.
Had the public embraced it, it would still be operating.
dntwbecky wrote on Sep 11, 2008 11:27 PM:Do not put unneccasary regulations on Property owners. Believe me when downtown Seal Beach suffered a recession in 91 they nearly lost their downtown because of all the vacant signs. They had to change their zoning to allow non-retail. By the way Laguna does have a mix of lst floor businesses. I lived in Laguna for 5 years. Success and high rents are what weed out non commerical businesses, just as it HAS occured in Encinitas. There is no need for this change in zoning. Encinitas is NOTHING like it was even 5 years ago. This all really is about DEMA being really pissed off about ACE Hardware. God, you should hear these people go on. They hate it. Of course us downtown resident's love it just we like walking to pick up our laundry, shop (for all sorts of things, not just size 0 clothes for teenagers. This is all about turning downtown into a tourist DOWNTOWN. These DEMA people don't want a downtown for the resident's of Encinitas, they want it for tourist only. As a business owner I too want a prosperous downtown, but I like a mix/a balance. I accure you these people DO NOT! Del Mar is messed up because they fought the train depot. And secondly when it comes to Del Mar, believe me having the oldest population in ALL of San Diego county, these people could NOT handle the noise and traffic as we get downtown here in Encinitas at night. Hell these people go to court over the triming of trees.
Also Mr. Leucadia when you buy a house downtown then I'll listen too your rantings on what the people that actually live downtown want.
dntwbecky wrote on Sep 11, 2008 11:58 PM:I am sick of this City Council and the Planning Committee taking their walking orders from DEMA. DEMA would be happy if every store was a retail shop that sold bathing suits. DEMA could care less about the residents that live downtown. Downtown is already a tourist attraction. We want a walkable LIVEABLE city and the Norby should stay in his 4000 sq ft house in Carlsbad where all his childern went to school.
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