ENCINITAS — In an effort to create a more “walkable” downtown, City Council directed staff to make changes to a draft ordinance that would restrict ground floor commercial space to certain businesses Aug. 27.
The proposed zoning change to limit businesses along Coast Highway to retail and pedestrian-oriented uses was not fully supported by the council. While council members Teresa Barth, Jim Bond and Maggie Houlihan agreed that ground floor use should be restricted between K Street and Encinitas Boulevard, Mayor Jerome Stocks said he was adamantly opposed. “While I agree with the goals of a vibrant, walkable downtown, I’m going to disagree that this ordinance is necessary,” Stocks said, adding that he was concerned about possible consequences of amending the downtown specific plan.
Councilman Dan Dalager recused himself from the discussions because he owns property in the area.
City Planner Mike Strong said the council received public support for the amendment during its annual goal setting session in 2007. He told the council that staff met with representatives from the Downtown Encinitas MainStreet Association, the Chamber of Commerce and area property owners.
Bob Nanninga, a City Council candidate and co-owner of the downtown E Street Café, said he opposed the ordinance, calling it an attempt at “social engineering” that reduces the rights of property owners.
Nanninga told the council that the ordinance dismissed the needs of downtown merchants. “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 said.
Councilwoman Maggie Houlihan said that exceptions to the draft ordinance that were discussed at the meeting make sense. “We want people going downtown to enjoy the basic necessities and all the extras like going for coffee and visiting friends,” she said.
Under the proposed ordinance, general uses such as legal, insurance, real estate and medical offices would be prohibited in ground floor spaces. Existing businesses would be grandfathered.
Downtown Encinitas MainStreet Association Executive Director Dody Tucker said the organization supported the ordinance. She said the diversity of retail and restaurants creates a pedestrian-friendly downtown.
Pacific Station developer John DeWald said he supported the ordinance. He said Del Mar’s downtown provides a good example of what could happen if the ground floor is not regulated.
Peder Norby, the 101 corridor coordinator, said the restrictions would enhance the downtown area. He said that in 2007, Del Mar declared a moratorium on office space in ground floor downtown locations. “This is a pound of cure,” he said. “What we are proposing is an ounce of prevention.”

