2019-14 Amend Title 30 to Accommodate Qualified Employee Housing ORDINANCE 2019-14
AN ORDINANCE OF THE CITY OF ENCINITAS ADOPTING AMENDMENTS TO TITLE
30 (ZONING) OF THE ENCINITAS MUNICIPAL CODE, THE CARDIFF-BY-THE-SEA
SPECIFIC PLAN, THE DOWNTOWN ENCINITAS SPECIFIC PLAN, THE ENCINITAS
RANCH SPECIFIC PLAN, THE NORTH 101 CORRIDOR SPECIFIC PLAN, AND THE
LOCAL COASTAL PLAN, TO ACCOMMODATE QUALIFIED EMPLOYEE HOUSING,
SUPPORTIVE HOUSING, AND TRANSITIONAL HOUSING IN COMPLIANCE WITH
STATE LAW.
The City Council of the City of Encinitas does hereby find and declares as follows:
WHEREAS, California Government Code § 65583(c) requires that all jurisdictions remove
constraints and accommodate for qualified employee housing, supportive housing and
transitional housing in compliance with State Law;
WHEREAS, Employee Housing Act (Health and Safety Code Section 17000 et. seq.) and
the Employee Housing Regulations (Title 25 - Housing and Community Development), outline
specific requirements for the construction of housing, maintenance of grounds, buildings,
sleeping space and facilities, sanitation and heating;
WHEREAS, the 2013-2021 Housing Element approved by the City Council on March 13,
2019 contains Housing Element Program 2E, which provides that the City will amend its Zoning
Code to include farmworker housing, supportive housing, and transitional housing as a permitted
use within residential zones;
WHEREAS, the City finds that the proposed amendments to the City's Municipal Code
and Specific Plans, are exempt from environmental review pursuant to General Rule, Section
15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines since there would be
no possibility of a significant effect on the environment. The proposed. amendments add
definitions and procedures for processing applications for special housing types in areas of the
City that are already zoned to permit similar forms of housing. In addition, the adoption of the
proposed amendments implements policies in the Housing Element of the City's General Plan,
which are required to be adopted to conform with state law. Therefore, the amendments do not
involve differences in the physical design, development, or construction of residential or
nonresidential structures, any increases in density, any changes to development standards such
as setbacks or height, or any modifications to land resulting in changes to the physical
environment that are meaningfully different than what is permitted under the City's current
zoning. Accordingly, there is no possibility that the amendments would have a significant effect
on the environment. The policies were also determined to have no environmental impact in the
Environmental Assessment/Program Environmental Impact Report (SCH #2015041044) certified
by the City on June 15, 2016 and in the Environmental Assessment prepared under Government
Code Section 65759(a) and adopted on June 20, 2018. No further impacts will be created by the
adoption of the proposed zoning amendments; hence the program EIR adequately describes
these zoning amendments for the purposes of CEQA;
WHEREAS, Government Code § 65759 provides in part that the California Environmental
Quality Act (CEQA) does not apply to any action necessary to bring its general plan or relevant
mandatory elements of the plan into compliance with any court order or judgment under
Government Code § 65754;
WHEREAS, a Public Notice of Availability of proposed Local Coastal Program
Amendments (LCPA) was issued that opened a six-week public review period that ran from
August 22, 2019 and concluded on October 3, 2019;
WHEREAS, the proposed Local Coastal Program Amendment meets the requirements
of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and does not conflict
with any coastal zone regulations or policies with which future development must comply;
WHEREAS, the Planning Commission conducted a Public Hearing on September 5,
2019 for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code, the
Cardiff-By-The-Sea Specific Plan, the Downtown Encinitas Specific Plan, the Encinitas Ranch
Specific Plan, and the North 101 Corridor Specific Plan, and considered public testimony and
made a recommendation to the City Council to adopt the proposed amendments;
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. PC
2019-27, on 'file with the Office of the City Clerk and incorporated by this reference,
recommending approval with modifications of said Ordinance;
WHEREAS, the City Council conducted a Public Hearing on October 23, 2019 for the
purpose of considering amendments to Title 30 of the Encinitas Municipal Code, the Cardiff-By-
The-Sea Specific Plan, the Downtown Encinitas Specific Plan, the Encinitas Ranch Specific
Plan, and the North 101 Corridor Specific Plan;
WHEREAS, the City Council has duly considered the totality of the record and all
evidence submitted into the record, including public testimony and the evaluation and
recommendations by staff, presented at said hearing;
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law;
WHEREAS, the City Council finds that this Ordinance is intended to be carried out in a
manner in full conformance with the California Coastal Act of 1976 and the Development
Services Director is hereby authorized to submit this Ordinance as part of the Local Coastal
Program Amendment to the California Coastal Commission for their review and adoption; and
WHEREAS, based on the totality of the record and evidence described and referenced in
this Ordinance, the City Council finds that the proposed text amendments are consistent with the
purposes of the General Plan, Municipal Code, and adopted Local Coastal Program in that the
amendments support a variety of objectives including increasing housing choice by
accommodating a variety of housing types to meet the needs of all Encinitas residents and
adopting State mandated and locally desired programs to implement the Housing Element
effectively.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains
as follows:
SECTION ONE: SECTION 30.04.010 (DEFINITIONS) OF TITLE 30, ZONING
Chapter 30.04, Definitions of Title 30 of the Encinitas Municipal Code is hereby amended
by adding or amending the following definitions, and shall be integrated into the existing Section
in alphabetical order, to read as follows (strikeout is used to denote existing text being deleted;
underline is used to denote new text being added):
i
QUALIFIED EMPLOYEE HOUSING, shall have the same meaninq as defined in Section 17008
of the California Health and Safety Code, as may be amended from time to time may be
provided by the employer and maintained in connection with the work or place where work is
being performed and must comply with all provisions of Section 17000 of the California Health
and Safety Code, including the appropriate Permit(s) from State Department of Housing and
Community Development (HCD) pursuant to the Employee Housing Act. Qualified employee
housinq not maintained in connection with any workplace and provided by someone other than
an agricultural emplover must comply with all provisions of Section 17008(b) of the California
Health and Safety Code.
RESIDENTIAL CARE, GENERAL shall mean shared living quarters (without separate kitchen or
bathroom facilities for each room or unit) for seven or more persons with physical or mental
impairments that substantially limit one or more of such person's major life activities when such
persons are-not living together as a family. This classification includes, but is not limited to, group
homes, recovery facilities, and other establishments providing nonmedical care for persons in
need of personal services, supervision, protection, or assistance essential for sustaining the
activities of daily living. Children's homes, congregate housing/independent living/retirement
homes, congregate care facilities/assisted living/board and care, convalescent home/skilled
nursing facility, foster care home, transitional housing and treatment center for substance abuse
are also included in this classification.
RESIDENTIAL CARE, LIMITED shall mean shared living quarters (without separate kitchen and
bathroom facilities for each room or unit) for six or fewer persons with physical or mental
impairments that substantially limit one or more of such person's major life activities. This
classification includes, but is not limited to group homes, recovery facilities, and other
establishments providing non-medical care for persons in need of personal services, supervision,
protection, or assistance essential for sustaining the activities of daily living. Childrens' homes,
congregate housing/ independent living/retirement homes, congregate care facilities/assisted
living/board and care, convalescent home/skilled nursing facility, foster care home, +r.— t;m;al
housing and treatment center for substance abuse are also included in this classification.
SUPPORTIVE HOUSING shall have the same meaning as defined in California Government
Code§ 65582(g), as may be amended from time to time, as being housing with no limit on length
of stay, that is occupied by the target population, and that is linked to an on-site or off-site service
that assists the supportive housing resident in retaining the housing, improving his or her health
status, and maximizing his or her ability to live and, when possible, work in the community.
Supportive housing is a residential use and is subject to only those restrictions that apply to other
residential uses of the same type in the same zone. "Target population" means persons with low
incomes who have one or more disabilities as described in Section 655820) of the State
Government Code.
TRANSITIONAL HOUSING This use is designed to be transitional to FnOFe peFFnanent housing
fOF homeless individuals and families, ORGe they have had aR OPPOFtuRity te solve th
speGifiGally be limited an teFFnS of the length of time they aFe available to individual househel
(e.g., 180 days) te make FOOM feF etheF homeless households. PaFking standaFds would be
TRANSITIONAL HOUSING shall have the same meaning as defined in California Government
Code & 65582(1), as may be amended from time to time as being buildings configured as rental
housing developments but operated under program requirements that require the termination of
assistance and recirculating of the assisted unit to another eligible program recipient at a
Predetermined future point in time that shall be no less than six months from the beginning of the
assistance. Transitional housing is a residential use and is subject to only those restrictions that
apply to other residential uses of the same type in the same zone
SECTION TWO: SECTION 30.09.010 (ZONING USE MATRIX) OF TITLE 30, ZONING
Section 30.09.010 Zoning Use Matrix of Chapter 30.09, of Title 30 of the Encinitas
Municipal Code is hereby amended by adding the following to the Matrix, including the
corresponding footnotes, and shall be integrated into the existing Zoning Use Matrix in
alphabetical and chronological (footnotes) order, to read as follows (underline is used to denote
new text being added):
Section 30.09.010 Zoning Use Matrix
"P" Permitted by right
"X" Prohibited
RR RS-11 R-11 R-20 R-30 MHP OP LC GC VSC LI BP P/SP ER/ L- L-
RR-1 R-3 R-15 R-25 OL OS/ LC VSC
RR-2 R-5 PK
R-8
Qualified
Employee
Housing-7 or P P P P P P P P P X P P P P P X
More
EmploveeSV
Qualified
Employee
Housing—6 or P P P P X P X X X X X X x X X X
Fewer
Emyloyees38
.Supportive P39 P39 P39 P39 P35,3 x x x x x x x x x x x
Housing
Transitional P39 P39 P39 P39 P35,3 X
Housing X X X X X X X X X X
NOTES:
37 Qualified Employee Housing of 7 or more employees is permitted as an accessory use in conjunction with an approved
agricultural use per Section 30.48.040R.
38 Shall be deemed a single-family residence and subiect to all municipal codes, regulations and other standards generally
applicable to other residential dwellings of the same type in the same zone.
39__Supportive and Transitional Housing are residential uses and are subject to only those restrictions that apply to other residential
uses of the same type in the same zone.
SECTION THREE: SECTION 30.33.040 (AGRICULTURAL PERMIT) OF TITLE 30, ZONING
Section 30.33.040(J) Substantial conformance with Agricultural Permit of Title 30, Zoning
of the Encinitas Municipal Code is hereby amended to read as follows (S+F�ut is used to
denote existing text being deleted):
J. Substantial Conformance with Agriculture Permit.
1. [No change in text.]
2. The Director has the authority to find minor changes to project plans to be in
substantial conformance if:
a. through b. [No change in text.]
c. No additional lots or dwelling t are added;
d. through g. [No change in text.]
3. [No change in text.]
SECTION FOUR: SECTION 30.48.040 (RESIDENTIAL AND AGRICULTURAL ZONES) OF
TITLE 30, ZONING
Subsection 30.48.040(R) (Farm Employee Housing) of Section 30.48.040 (Accessory
Use Regulations: Residential and Agricultural Zones) of Title 30 (Zoning) of the Encinitas
Municipal Code is hereby renamed to Qualified Employee Housing and amended to read as
follows (stfike9ut is used to denote existing text being deleted; underline is used to denote new
text being added):
R. €arm Qualified Employee Housing. The Employee Housing Act allows for flexibility in
housing types for employee housing, including conventional and nonconventional structures,
such as: living quarters, boardinghouse, tent, bunkhouse, mobilehome, manufactured home,
recreational vehicle and travel trailers. The laws and regulations governing these structures
depends on the housing type; however, all qualified employee housing must comply with: the
Employee Housing Act (Health and Safety Code Section 17000 et. seq.) and the Employee
Housing Regulations (Title 25—Housing and Community Development), which outline specific
requirements for the construction of housing, maintenance of grounds, buildings, sleeping space
and facilities, sanitation and heating; and the provisions of this section.
Farm Qualified employee housing for seven or more employees is a permitted accessory use in
conjunction with an SiRg'° detached dwel'O^^ e appFeved permitted agricultural use UPGR
;ss anGe of a m.nnnr , se peFF it provided that:
1. The number of living units or beds is reasonably related to the number of fafm
agricultural employees required for agricultural operations on the parcel on which the fafm
qualified employee housing is located, however, should not consist of more than 36 beds
in a group quarters or 12 units or spaces designed for use by a single family or household.
2. FaFrn employee housing is peFmitted at a Fninimum Of GRe dwelling unit peF let. Thus
unit shall be tFeated as an aGGesseFy unit (SeGfien 30.48.040T). AdditieRal housing Units
shall Genferm to the density standaFd-.
23. €aFM Qualified employee housing– seven or more employees shall be occupied only
by #arm agricultural employees (and the1iF i
fam11lies the members of the employee's
household as permitted by HCD) engaged in agricultural labor on the wane nnrn°I +b°
p FirnaFy dwelling OF OR other land n,ern°d or leased and farmed by the owner OF emnleyeF
e
and shall not be otherwise occupied or rented.
3. All temporary or permanent structures that contain qualified employee housing shall
meet the setback, lot coverage, height, and other development standards applicable to the
zone in which it is located.
4. Parking shall be provided in accordance with Section 30.54.030, unless the applicant
provides substantial evidence demonstrating that the actual parking need is lower, subject
to the approval of the Development Services Director.
4.All f�remployee housing in eXGess of the first unit shall be IGGated within a
an exeeptinn nr medifinn+inn of this Fequir°m°n+
may be GOnditioned tO Fequire review to enSUFe that bona fide faFFning aGtiVity GoFnFnenGes
within a Feasenable time
5. Qualified employee housing shall comply, as applicable, with the following: 1)
Employee Housing Act (California Health and Safety Code Sections 17000-17062): 2)
Mobilehome Parks Act (California Health and Safety Code Sections 18200-18700): and
Special Occupancy Parks Act (California Health and Safety Code Sections 18860-
18874), as may be amended from time to time.
6. Qualified employee housing shall be reviewed and approved subject to the same
requirements as other permitted agricultural uses within the same zone.
7. If an existing agriculture use does not have a required permit, a permit for both the
agricultural use and qualified employee housing must be obtained.
8T Within thirty days after approval from the City of Encinitas for qualified employee
housing, the applicant shall record in the office of the County Registrar-Recorder/County
Clerk a covenant running with the land for the benefit of the City of Encinitas, declaring
that the qualified employee housing will continuously be maintained as such in accordance
with Title 30 of the Encinitas Municipal Code and also that:
a. The applicant shall obtain and maintain, for as long as the qualified employee
housing is operated, the appropriate permit(s) from State Department of Housing and
Community Development (HCD) pursuant to the Employee Housing Act and the
regulations promulgated thereunder:
b. The improvements required by the City of Encinitas related to the qualified
employee housing shall be constructed and/or installed, and continuously maintained
by the applicant:
c. The applicant shall submit the annual verification form to the Development
Services Director as required by this section: and
d. Any violation of the covenant and agreement required by this section shall be
subiect to the enforcement procedures of Chapter 1.08 of the Encinitas Municipal
Code.
96. The property owner shall: (1) complete and submit to the Development Services
Director a verification form no later than thirty days after receiving a permit to operate from
HCD: (2) a verification form shall be submitted to the Development Services Director
annually to ensure compliance with Title 30 of the Encinitas Municipal Code: and (3) the
verification form shall include: information regarding the he agricultural use, housing type,
number of dwelling units or beds, number of occupants, occupants' employment
information, and proof that a permit to operate from HCD has been obtained and
maintained.
1096. FaFm Qualified employee housing — seven or more employees shall be removed
or converted to another permitted use at such time as the faffning agricultural activity to
which it relates ceases operation for more than 12 consecutive months.
Qualified employee housing providing accommodations for six or fewer employees, pursuant to
Health and Safety Code Section 17021.5(b), shall be deemed a single-family dwelling and is
allowed in residential zones. Qualified employee housing for six or fewer employees is subiect to
all municipal codes, regulations and other standards -generally applicable to other residential
dwellings of the same type in the same zone.
SECTION FIVE: SECTION 30.54.030 (SCHEDULE OF REQUIRED OFF-STREET PARKING)
OF TITLE 30, ZONING
Section 30.54.030 (Off-Street Parking) of Title 30 of the Encinitas Municipal Code is
hereby amended by adding qualified employee housing parking standards, to read as follows
(underline is used to denote new text being added):
Residential Parking Spaces Required
Qualified employee housing -seven or more 1 space per unit or 1 space for every three beds
employees plus 1 space for an on-site manager (if
applicable): unless the applicant provides
substantial evidence demonstrating that the
actual parking need is lower, subject to the
approval of the Development Services Director.
SECTION SIX: SECTION 3.2 (USE AND DEVELOPMENT STANDARDS) OF THE CARDIFF-
BY-THE-SEA SPECIFIC PLAN
Table 3-1 (Zoning Matrix — Use Comparison) of Section 3.2 Use and Development
Standards of the Cardiff-by-the-Sea Specific Plan is hereby amended by adding the following
uses to the Matrix and shall be integrated into the existing Matrix in alphabetical order, to read as
follows (underline is used to denote new text being added):
TABLE 3-1
Cardiff-bv-the-Sea Specific Plan Area
Zoning Matrix— Use Comparison
ZONE
Use C-R 11.
C-OP C='GC=1 C-GC.-2 Notes _
*Permitted as an accessory use in
Qualified Employee Housing * with an approved
Seven Employees or More P* X X X agricultural use. See EMC Section
30.48.040R for specific
requirements.
*Shall be deemed a single-family
residence and subject to all
Qualified Employee Housing—Six P* X X X municipal codes, regulations and
Employees or Fewer — — — — other standards generally applicable
to other residential dwellings of the
same type in the same zone.
*Supportive Housing is a residential
use and is subject to only those
Supportive Housing P* X X X restrictions that apply to other
residential uses of the same type in
the same zone.
*Transitional Housing is a residential
use and is subject to only those
Transitional Housing P* X X X restrictions that apply to other
residential uses of the same type in
the same zone.
SECTION SEVEN: SECTION 3.2 (DEVELOPMENT STANDARDS) OF THE DOWNTOWN
ENCINITAS SPECIFIC PLAN
Sections 3.2.1.A. Zone: Residential 11 (D-11), 3.2.1.6. Zone: Residential 15 (D-15) and
3.2.1.C. Zone: Residential 25 (D-25) of the Downtown Encinitas Specific Plan is hereby
amended by adding the following uses to Permitted Uses, including the addition of footnotes, and
shall be integrated into these Sections in alphabetical and chronological (footnotes) order, to
read as follows (underline is used to denote new text being added):
3.2.1 Residential Zones
A. Zone: Residential 11 (D-R1 1)
1. Permitted Uses:
Qualified Employee Housing (six or fewer employees)'
Qualified Employee Housing (seven or more employees)'
Supportive Housing4
Transitional Housing'
I Shall be deemed a single-family residence and subject to all municipal codes,
regulations and other standards generally applicable to other residential
dwellings of the same type in the same zone.
3 Permitted as an accessory use in conjunction with an approved agricultural
use. See EMC Section 30.48.040R for requirements.
4 Supportive and Transitional Housing are residential uses and are subject to
only those restrictions that apply to other residential uses of the same type in
the same zone.
B. Zone: Residential 15 (D-15)
1. Permitted Uses:
Qualified Employee Housing (six or fewer employees)2
Qualified Employee Housing (seven or more employees)3
Supportive Housing4
Transitional Housing4
2 Shall be deemed a single-family residence and subject to all municipal codes,
regulations and other standards generally applicable to other residential
dwellings of the same type in the same zone.
3 Permitted as an accessory use in conjunction with an approved agricultural
use. See EMC Section 30.48.040R for requirements.
4 Supportive and Transitional Housinq are residential uses and are subiect to
only those restrictions that apply to other residential uses of the same type in
the same zone.
C. Zone: Residential 25 (D-25)
1. Permitted Uses:
Qualified Employee Housing (six or fewer employees)2
Qualified Employee Housing (seven or more employees)3
Supportive Housing4
Transitional Housing4
2 Shall be deemed a single-family residence and subject to all municipal codes,
regulations and other standards generally applicable to other residential
dwellings of the same type in the same zone.
3 Permitted as an accessory use in conjunction with an approved agricultural
use. See EMC Section 30.48.040R for requirements.
4 Supportive and Transitional Housing are residential uses and are subject to
only those restrictions that apply to other residential uses of the same type in
the same zone.
Sections 3.2.3.A. Zone: Commercial Mixed - First Street (D-CM-1), 3.2.3.B. Zone:
Commercial Mixed - Second Street (D-CM-2), 3.2.3.C. Zone: Visitor Commercial Mixed (D-VCM)
and 3.2.3.D. Zone: Office Mixed (D-OM) of the Downtown Encinitas Specific Plan are hereby
amended by adding the following uses to Permitted Uses, including the addition of footnotes, and
shall be integrated into these Sections in alphabetical and chronological (footnote) order, to read
as follows underline is used to denote new text being added):
3.2.3 Mixed Use Zones
A. Zone: Commercial Mixed - First Street(D-CM-1)
1. Permitted Uses:
Prohibited
in a storefront location
Qualified Employee Housing — Six or Fewer'.4 X
Supportive Housing '-5 X
Transitional Housing '-5 X
4 Shall be deemed a single-family residence and subject to all municipal codes, regulations and other
standards generally applicable to other residential dwellings of the same type in the same zone.
5 Supportive and Transitional Housing are residential uses and are subject to only those restrictions that
apply to other residential uses of the same type in the same zone.
B. Zone: Commercial Mixed -Second Street(D-CM-2)
1. Permitted Uses:
Qualified Employee Housing (six or fewer employees)','
Qualified Employee Housing (seven or more employees)','
Supportive Housing'.4
Transitional Housing','
2 Shall be deemed a single-family residence and subiect to all municipal codes,
regulations and other standards generally applicable to other residential
dwellings of the same type in the same zone.
3 Permitted as an accessory use in conjunction with an approved agricultural
use. See EMC Section 30.48.040R for requirements.
4 Supportive and Transitional Housing are residential uses and are subject to
only those restrictions that apply to other residential uses of the same type in
the same zone.
C. Zone: Visitor Commercial Mixed (D-VCM)
1. Permitted Uses:
Supportive Housing'.2
Transitional Housing 1.2
2 Supportive and Transitional Housing are residential uses and are subiect to
only those restrictions that apply to other residential uses of the same type in
the same zone.
D. Zone: Office Mixed (D-OM)
1. Permitted Uses:
Qualified Employee Housing (six employees or fewer)'
Supportive Housing?
Transitional Housing2
' Shall be deemed a single-family residence and subject to all municipal codes,
regulations and other standards generally applicable to other residential
dwellings of the same type in the same zone.
2 Supportive and Transitional Housing are residential uses and are subject to
only those restrictions that apply to other residential uses of the same type in
the same zone.
SECTION EIGHT: CHAPTER 6.0 (ENCINITAS RANCH ZONING ORDINANCE) OF ENCINITAS
RANCH SPECIFIC PLAN
Section 6.2.2.A
Section 6.2.2.A Uses Permitted in the Agricultural Zone ("AG" Zone) of the Encinitas
Ranch Specific Plan is hereby amended by adding the following uses to Uses Permitted,
including the addition of a footnote, and shall be integrated into these Sections in alphabetical
and chronological (footnote) order, to read as follows (underline is used to denote new text being
added):
A. Permitted Uses. Subject to the provisions of Sections 6.2.2F and G below, the following
uses shall be permitted in any area designated as an Agricultural Zone within the Encinitas
Ranch Specific Plan. List amended 8123195 (Reso. 95-91),. and 3118198 (Reso. 98-17), and
XXX XXX(Ord. 2019-14)
Qualified Employee Housing (six or fewer employees)'
Qualified Employee Housing (seven or more employees)2
Supportive Housing3
Transitional Housing3
' Shall be deemed a single-family residence and subject to all municipal codes, regulations
and other standards generally applicable to other residential dwellings of the same type in
the same zone.
2 Permitted as an accessory use in conjunction with an approved agricultural use. See
EMC Section 30.48.040R for requirements.
3 Supportive and Transitional Housing are residential uses and are subject to only those
restrictions that apply to other residential uses of the same type in the same zone.
Section 6.2.2.0
Section 6.2.2.0 Minor Use Permit in the Agricultural Zone ("AG" Zone) of the Encinitas
Ranch Specific Plan is hereby amended to delete the following use from Minor Use Permit list,
as follows (stFikeeut is used to denote existing text being deleted; underline is used to denote
new text being added):
C. Minor Use Permit. Each of the following uses are permitted provided a Minor Use Permit
is approved pursuant to the Municipal Code. List amended 3118198 (Reso. 98-17) and)0090/HOC
(Ord. 2019-14)
FaFm employee housing, ineluding mobile heroes
Section 6.2.33
Section 6.2.3.13 Specific Agricultural Zone Standards in the Agricultural Zone ("AG" Zone)
of the Encinitas Ranch Specific Plan is hereby amended by amending text in footnote 1 of Table
1. Specific Agricultural Zone Standards and Table 2 Specific Agricultural Zone Standards –
Residential Zone Standards, as follows (stFikeeut is used to denote existing text being deleted;
underline is used to denote new text being added):
B. Specific Agricultural Zone Standards:
Table 1. Specific Agricultural Zone Standards
(1) May be reduced to allow fafm uaq lifted employee housing (not to exceed 25 „nits within the
overall Encinitas RanGh SpeGifiG Plan AFea, ineluding a maximum of 10 units withiR the Sidonia
East Planning A.ea) and to isolate areas in which development is restricted.
Table 2. Specific Agricultural Zone Standards—Residential Uses
May be reduced to allow faFFn qualified employee housing (not to evneed 25 units within the
overall EnGinotas Ranch SpeGifiG Plan AFea, inGluding a maximum of 10 units within the Sid()Ria
East Planning area) and to isolate areas in which development is restricted. This may also be
reduced to 5 acres in the Sidonia East Planning Area to accommodate "agrihood" development.
Section 6.2.3.0 Specific Agricultural Zone Standards in the Agricultural Zone ("AG" Zone)
of the Encinitas Ranch Specific Plan is hereby amended, as follows (stFi�crt iceut is used to denote
existing text being deleted; underline is used to denote new text being added):
C. Maximum Net Housing Density: One (1) single family detached dwelling unit per ten (10)
acres. €aFm Qualified employee housing may be developed in all agricultural zones in
conjunction with an existing or proposed agricultural use pursuant to Encinitas Municipal Code
30.48.040(R).G ,hient to iSs ,anne of a Miner Use Permit by the ri+„ Allowable density, lot size,
and building setbacks for faFm qualified employee housing shall be determined at the Minor Use
Permit stage. New faFm employee housing shall not exreed 26 URits within the eveFall Encinitas
Raneh SpeGifiG Plan Area, ineluding a maximum of 10 units within the Sidenia East PlaRRiRg
AFea. Paragraph amended 3/18/98 (Reso. 98-17) and XXXXXX(Ord. 2019-14)
Sections 6.5, 6.7, 6.8 and 6.9
Sections 6.5 Single Family Residential Zones ("ER-SFR3," "ER-SFR3V" & "ER-SFR5"
ZONES), 6.7 Mixed Use Zone ("ER-MU1" Zone), 6.8 Mixed-Use Zone ("ER-MU2" Zone), and 6.9
Commercial Zone ("ER-C" Zone) of the Encinitas Ranch Specific Plan is hereby amended by
adding the following uses to Uses Permitted, including the addition of footnotes, and shall be
integrated into these Sections in alphabetical and chronological (footnote) order, to read as
follows (underline is used to denote new text being added):
6.5 SINGLE FAMILY RESIDENTIAL ZONES ("ER-SFR3," "ER-SFR3V" & "ER-SFR5"
ZONES)
6.5.2 USES PERMITTED
A.Permitted Uses. The following uses shall be permitted in all Single Family Residential
Zones ("ER-SFR3," "ERSFR3V" and "ER-SFR5" Zones) located within the Encinitas Ranch
Specific Plan Area. List amended 3118198 (Reso. 98-17) and XX/XX/XX(Ord. 2019-14).
Qualified Employee Housing (six or fewer employees).'
Qualified Employee Housing (seven or more employees).2
Supportive Housing.3
Transitional Housing.3
' Shall be deemed a single-family residence and subject to all municipal codes
regulations and other standards generally applicable to other residential
dwellings of the same type in the same zone.
2 Permitted as an accessory use in conjunction with an approved agricultural use.
See EMC Section 30.48.040R for requirements.
3 Supportive and Transitional Housing are residential uses and are subject to only
those restrictions that apply to other residential uses of the same type in the
same zone.
6.7 MIXED USE ZONE ("ER-MU1" ZONE)
6.7.1 USES PERMITTED
A.Permitted Uses. The following uses shall be permitted in the "ER-MU1" Mixed-Use Zone
in the Encinitas Ranch Specific Plan Area. All uses, except for agriculture-related uses and
those exceptions noted below, shall be located within an enclosed building unless
authorized by a Minor Use Permit. List amended 3118198 (Reso. 98-17) and XX/XX/XX(Ord.
2019-14).
Qualified Employee Housing (six or fewer employees).'
Qualified Employee Housing (seven or more employees).Z
Supportive Housing.3
3
Transitional Housing.
' Shall be deemed a single-family residence and subject to all municipal codes,
regulations and other standards -generally applicable to other residential
dwellings of the same type in the same zone.
2 Permitted as an accessory use in conjunction with an approved agricultural use
per EMC Section 30.48.040R.
3 Supportive and Transitional Housing are residential uses and are subject to only
those restrictions that apply to other residential uses of the same type in the
same zone.
6.8 MIXED-USE ZONE ("ER-MU2" ZONE)
6.8.1 USES PERMITTED
Use WEST SAXONYM
Qualified Employee Housinq (six employees or fewer). . P(4)
Qualified Employee Housing (seven employees or more). P(5)
Supportive Housing P(s)
Transitional Housing P(s)
Table amended 3118198 (Reso. 98-17) and XX/)O(/XX(Ord. 2019-14)
(4) Shall be deemed a single-family residence and subject to all municipal codes, regulations and
other standards -generally applicable to other residential dwellings of the same type in the
same zone.
05> Permitted as an accessory use in conjunction with an approved agricultural use. See EMC
Section 30.48.040R for requirements.
(6) Supportive and Transitional Housing are residential uses and are subject to only those
restrictions that apply to other residential uses of the same type in the same zone.
6.9 Commercial Zone ("ER-C" Zone)
6.9.1 USES PERMITTED
A. Permitted Uses. The following uses shall be permitted in all Commercial Zones ("ER-C"
Zones) in the Encinitas Ranch Specific Plan Area. All uses, except for agriculture-related uses
and those exceptions specifically noted below, shall be located within an enclosed building
unless authorized by a Minor Use Permit.
Qualified Employee Housing (seven employees or more).'
' Permitted as an accessory use in conjunction with an approved agricultural use. See EMC
Section 30.48.040R for requirements.
SECTION NINE: SECTION 3.1 (DEVELOPMENT STANDARDS) OF NORTH 101 CORRIDOR
SPECIFIC PLAN
Sections 3.1.2.A. Zone: Commercial Mixed 1 (N-CM-1), 3.1.2.6. Zone: Commercial Mixed
2 (N-CM-2), 3.1.2.C. Zone: Commercial Mixed 3 (N-CM-3), 3.1.2. D. Zone: Commercial
Residential Mixed 1 (N-CRM-1), and 3.1.2. E. Zone: Commercial Residential Mixed 2 (N-CRM-2)
of the North 101 Corridor Specific Plan is hereby amended by adding the following uses to
Permitted Uses, including the addition of footnotes, and shall be integrated into these Sections in
alphabetical and chronological (footnotes) order, to read as follows (underline is used to denote
new text being added):
3.1.2 COMMERCIAL ZONES
A. Zone: Commercial Mixed 1 (N-CM-1)
1. Permitted Uses:
Qualified Employee Housing (six employees or fewer)'4
Qualified Employee Housing (seven or more employees)'.
Supportive Housing'6
Transitional HousinW6
4 Shall be deemed a single-family residence and subject to all municipal
codes, regulations and other standards generally applicable to other
residential dwellings of the same type in the same zone.
5 Permitted as an accessory use in conjunction with an approved
agricultural use. See EMC Section 30.48.040R for requirements.
6 Supportive and Transitional Housing are residential uses and are
subject to only those restrictions that apply to other residential uses of
the same type in the same zone.
B. Zone: Commercial Mixed 2 (N-CM-2)
1. Permitted Uses:
Qualified Employee Housing (six employees or fewer)'4
Qualified Employee Housing (seven or more employees)'.
Supportive Housing1,6
Transitional Housing',6
4 Shall be deemed a single-family residence and subject to all municipal
codes, regulations and other standards generally applicable to other
residential dwellings of the same type in the same zone.
5 Permitted as an accessory use in conjunction with an approved
agricultural use per EMC Section 30.48.040R.
6 Supportive and Transitional Housing are residential uses and are
subject to only those restrictions that apply to other residential uses of
the same type in the same zone.
C. Zone: Commercial Mixed 3 (N-CM-3)
1. Permitted Uses:
Qualified Employee Housing (six employees or fewer)z,s
Qualified Employee Housing (seven or more employees)6
Supportive Housin_ —
Transitional Housing 2,7
5 Shall be deemed a single-family residence and subject to all municipal
codes regulations and other standards generally applicable to other
residential dwellings of the same type in the same zone.
6 Permitted as an accessory use in conjunction with an approved agricultural
use per EMC Section 30.48.040R.
7 _Supportive and Transitional Housing are residential uses and are subject to
only those restrictions that apply to other residential uses of the same type
in the same zone.
D. Zone: Commercial Residential Mixed 1 (N-CRM-1)
1. Permitted Uses:
Qualified Employee Housing (six employees or fewer)4
Qualified Employee Housing (seven or more employees)'.
Supportive Housings
Transitional Housings
4 Shall be deemed a single-family residence and subiect to all municipal
codes, regulations and other standards generally applicable to other
residential dwellings of the same type in the same zone.
5 Permitted as an accessory use in coniunction with an approved agricultural
use. See EMC Section 30.48.040R for requirements.
6 Supportive and Transitional Housing are residential uses and are subiect to
only those restrictions that apply to other residential uses of the same type
in the same zone.
E. Zone: Commercial Residential Mixed 2 (N-CRM-2)
1. Permitted Uses:
Qualified Employee Housing (six employees or fewer)4
Qualified Employee Housing (seven or more employees)'.
Supportive Housings
Transitional Housings
4 Shall be deemed a single-family residence and subject to all municipal
codes, regulations and other standards generally applicable to other
residential dwellings of the same type in the same zone.
5 Permitted as an accessory use in conjunction with an approved agricultural
use. See EMC Section 30.48.040R for requirements.
6 Supportive and Transitional Housing are residential uses and are subject to
only those restrictions that apply to other residential uses of the same type
in the same zone.
SECTION TEN: SEVERABILITY
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council hereby declares that it
would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective
of the fact that one or more provisions may be declared invalid.
SECTION ELEVEN: PUBLIC NOTICE AND EFFECTIVE DATE
The City Clerk is directed to prepare and have published a summary of the ordinance no
less than five days prior to consideration of its adoption, and again within 15 days following
adoption, indicating the votes cast. This Ordinance will become effective following certification by
the California Coastal Commission as being consistent with the Local Coastal Program for the
City of Encinitas and California Coastal Act.
SECTION TWELVE: INTRODUCTION
This Ordinance was introduced on October 23, 2019.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on
the 20th day of November, 2019.
Catherine S. Blakespear, Mayor
ATTEST:
A" Aw�
Kathy Hollywood, City Clerk
APPROVED AS TO FORM
Les ie E. Devaney, City CI r
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby
certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at
a meeting of the City Council on the 23rd day of October, 2019 and that thereafter the said
ordinance was duly and regularly adopted at a meeting of the City Council on the 20th day of
November, 2019 by the following vote, to wit:
Ayes: Blakespear, Hinze, Hubbard, Kranz, Mosca
Nays: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Encinitas, California, this,day of November, 2019.
Kathy Hollywood, C- iqberk