By Ruth Marvin Webster
North County Times
August 26, 2008
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 |
