ENCINITAS: City proceeds with plans for "walkable" ordinance
Proposal would restrict use of space at street level
By RUTH MARVIN WEBSTER - Staff Writer | ∞
ENCINITAS ---- A discussion of how to encourage a walkable downtown commercial district dominated Wednesday's Encinitas City Council meeting.
Afterward, the council directed city staff members to continue preparing an ordinance that would restrict the use of ground-floor space along South Coast Highway 101 between Encinitas Boulevard and K Street.
Council members Teresa Barth, Maggie Houlihan and James Bond voiced their support of the measure. Mayor Jerome Stocks, however, said he could not.
"While I agree with the goals of a vibrant, walkable downtown," Stocks said "I'm am going to disagree that this ordinance is necessary. I am worried about the intended consequences."
Councilman Dan Dalager did not participate in the discussion, stating that as an owner of property in the affected zone, he had been advised by his lawyers to recuse himself.
City planner Mike Strong began with a presentation of the draft provisions and its history.
Several members of the downtown business community then rose to speak on both sides of the issue.
Bob Nanninga, a council candidate and co-owner of the E Street Cafe, said he opposed the ordinance because he considers it an attempt at "social engineering."
"Flying in the face of free-market sensibilities, the draft ordinance before you tonight is short-sighted and dismissive of the surrounding merchants and property owners," he told the council.
Encinitas business owner Sid Shaw agreed.
"I have lived here since 1936," he said. "I resent this spot zoning. ... You just about broke us when you did the streetscape because it took so long to do. Now, you're trying to put us out of business again by telling us who we can rent to."
Under the proposed ordinance, general uses such as legal, insurance, real estate and medical offices would be prohibited in ground-floor spaces. Existing businesses of those types, however, would be grandfathered.
Exceptions for businesses such as yoga and dance studios, day spas, Laundromat and carwashes would be also be made.
"As long as we aren't heavy-handed, and we have ... these other businesses like yoga studios and gardens, I do support this," said Barth, adding that market forces may not be adequate to ensure ground-floor commercial space is not taken over by office uses.
Advocates of the ordinance, such as Highway 101 corridor coordinator Peder Norby, said an ordinance such as the one proposed would prevent Encinitas from going the way of Del Mar, which recently enacted an emergency moratorium on any new nonretail use of ground-floor space fronting Camino Del Mar.
Pacific Station developer John DeWald also supported the concept of an ordinance, adding that some level of governmental control was a good idea.
"We have no trouble renting to either offices or retail," DeWald said. "The challenge is balance."
Contact staff writer Ruth Marvin Webster at (760) 901-4047 or at rwebster@nctimes.com.
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Zeus wrote on Aug 28, 2008 12:08 AM:Patrick Murphy- He is now finally given some room to truly show his brilliance with land planning. Thanks Patrick for hanging tight through those BIA years. You are a golden child of Encinitas. And I for one appreciate all you do to keep Encinitas Unique and being the best that it can be. THANK YOU. The City Manager will support you because the CITIZENS support you. Good job Patrick. Keep up the good work!
Jack wrote on Aug 28, 2008 12:14 AM:I want to build a Costco right next to Bob's house off of La Costa Avenue. Is that OK since we don't believe in land use regulation?
Gee Dub wrote on Aug 28, 2008 12:18 AM:Sheesh, who's running the asylum over there in Encinitas? Social engineering is right. Oh, exceptions will be made for yoga studios etc. Let's see, how many yoga businesses are there in Encinitas? Yea, just as I thought, way too many (no joke, if you google it, you'll see pages of listings).
huh wrote on Aug 28, 2008 12:55 AM:Will the real Bob Nanninga please stand up?
Because the guy who pens a column in that other paper certainly isn't opposed to "social engineering."
He also wants to control what plants I can plant, and how long I can shower. How does that align with "free market sensibilities" and defending the rights of property owners?
Could Bob actually be a closet Republican?
can_I_get_a_witness wrote on Aug 28, 2008 6:48 AM:I wish Peder Norby would run for city council but that would mean he would have less power and lose his fat salary the city is paying him. Don't you love politics?
People get out and vote, your city needs you!
Bob wrote on Aug 28, 2008 7:27 AM:Huh, I don't believe in closets. If you have read my column in that other paper you would know that.
Yes I would like to see people save money and use less water by planting native species whenever possible. It's the sensible and sustainable thing to do.
Peace.
Bobette wrote on Aug 28, 2008 8:06 AM:Bob's just trying to get elected by softening his harsh socialist message. He has shown clearly that he wants everyone to live according to his version of how things should be, no matter how bizarre. From telling us how many kids we should have, to what plants he wants us to landscape with, Bob wants you to CONFORM to his way.
John wrote on Aug 28, 2008 8:09 AM:I agree with huh. I support many of Bob Nanninga's other ideas regarding urban planning but I do think the dude should be a little more consistent regarding the role of government in matters like this. ...
Error finder wrote on Aug 28, 2008 8:21 AM:Stocks said he was worried about UNintended consequences, not intended ones. The meaning is very different.
Derek wrote on Aug 28, 2008 8:30 AM:What's social engineering is requiring property owners to provide off-street parking. Getting rid of that requirement would go a long way in making Encinitas more walkable.
Bob wrote on Aug 28, 2008 8:46 AM:Bobette, Yes I am an environmental advocate, and yes I am a stong believer in the wisdom of planting native species. I have not however told people how many kids they should have.
As an environmental journalist I do advocate for environmental sustainability. Once elected to the Encinitas City Council my opinions will always come second to the residents of Encinitas.
Preserve Encinitas for Encinitas!
Janet wrote on Aug 28, 2008 9:51 AM:Bob- I think a better statement would be better Encinitas for all! I don't want to preserve something that is not right. We have plenty of things that need fixen.
Bobs opinion comes second to Encinitas wrote on Aug 28, 2008 10:00 AM:Bob, are you going to take a vote of the people before speaking on specific topics if/when you're elected? Haven't you realized that Encinitas as a whole does not have the same opinion? The more you spew, the more I realize you shouldn't be getting my vote.
Landlord wrote on Aug 28, 2008 10:04 AM:I will rent my property to anyone I damn well please, those that don't like it can go jump in a lake.
huh wrote on Aug 28, 2008 10:40 AM:No worries, Bob.
Just poking some good-natured fun at inconsistencies.
I'm actually a leftie enviro-kook, of sorts, myself. Although I do enjoy lush tropical landscaping as a guilty pleasure. I'm not sure how I can reconcile my own philosophical inconsistencies--other than to admit them and have a laugh at my own expense.
I'm likely to vote for you, Bob. And the fact that you take the time to read and respond to constituents makes it even more likely.
My hope, though, is that you have enough of a sense of humor to acknowledge that "Business Owner Bob" sounds very different from "Save the World Bob."
WildCat wrote on Aug 28, 2008 11:27 AM:Isn't a "downtown" mixed with retail, restaurant and general use business? The real plan here is to bring in the tourist. As a local, I rarely go downtown to shop at high end overpriced specialty shops.
Kookster wrote on Aug 28, 2008 12:25 PM:By "walkable ordinance" does this mean we might be required to wear Birkenstocks too? How about flip flops?
Boy, it's sure going to get boring if the downtown area will be full of bead shops, yoga studios, second-hand clothing stores, and Italian food joints.
Wait a minute, isn't that the way it is now?
Sandra wrote on Aug 28, 2008 12:28 PM:If you want a walkable downtown, you need to get people out of their cars.
I don't see that happening with restrictive zoning. Most people who don't ride bikes are driving to their destinations. Restrictive zoning isn't the answer. Higher gas prices might be.
Encinitas wrote on Aug 28, 2008 1:21 PM:is getting scary. Hippies and wannabees of the 60's are running things along with the environuts. Of course it is social engineering. These folks still think Russia and China are glorious and perfect places to live. The elitest haves, who think they know best, rule the have nots is their goal. You get what you elect!
Bob wrote on Aug 28, 2008 1:25 PM:No one knows better than I Encinitas residents are not of one opinion. One of the things I like most about Encinitas is the tradition of vigorous civic dialouge and diversity of opinion shaping public discourse.
Cardiffian wrote on Aug 28, 2008 1:58 PM:If Bob wins a seat on the council, the citizens of Encinitas have spoken and have given their opinion. Their opinion will be to trust Bob to make the right decisions for Encinitas on their behalf. A subsequent vote of the people for any new issues would be unnecessary. Oh, and Landlord, you're being ridiculous. You will rent to the person that gives you the highest possible overall return on your investment over the time you wish to keep that investment.
Bob, you have my vote.
Stoner wrote on Aug 28, 2008 2:11 PM:Bob - I think you have been growing/planting too much of the native species plant called "cannabis". Can you pass an ordinance allowing Enincintas residents to add this species to our own lanscape or gardens? If so, you have my vote.
Witless wrote on Aug 28, 2008 3:14 PM:Hey Canigetawit - Norby lives in Carlsbad. Can't run for office in Encinitas. Walk, don't run for office, right?
School parent in Carlsbad wrote on Aug 28, 2008 3:49 PM:How about Supervisor, Assembly, Senate, Governor?
I have worked with this soft spoken, caring man as a Carlsbad district school parent when he helped start Kids Are Worth A Million! Over $4 million have been raised by that great organization, most recently with a $200,000 plus community day at LEGOLAND.
I loved reading about the purchase of the Encinitas boathouses and said to myself, there he goes again!!!
Draft him and get him to a place where he can really help us. In Politics!
grammarcop wrote on Aug 30, 2008 5:39 AM:Part of the misunderstanding here seems related to the incorrect use of the term "social engineering." The term is commonly misused. Unless someone is attempting to use illegal means to acquire sensitive information, no "social engineering" would be possible in this situation. Clarification?
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