2021-05 (EG)RESOLUTION NO. PC 2021-05
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE SIXTH CYCLE
HOUSING ELEMENT UPDATE
(CASE NO. PLCY-003816-2020 GPA; CITYWIDE)
WHEREAS, the California Legislature has determined that the availability of housing is a
matter of statewide importance and that cooperation between government and the private
sector is critical to attainment of the State's housing goals;
WHEREAS, California Government Code Section 65588(b) requires the City of Encinitas
to periodically prepare an update to the Housing Element of its General Plan;
WHEREAS, the City Council directed the City Manager to cause the Development
Services Department to proceed with this update to the City’s Housing Element for the 2021-
2029 planning period;
WHEREAS, as provided in Government Code Section 65350 et. seq., and Public
Resources Code this Housing Element Update 2012-2029 constitutes a General Plan
Amendment (“Project”)
WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the City mailed
a public notice to all California Native American tribes provided by the Native American Heritage
Commission and other entities listed;
WHEREAS, the City of Encinitas prepared the draft 2021-2029 Housing Element in
accordance with California Housing Element Law (Government Code section 65580 et seq.);
WHEREAS, the 2021-2029 Housing Element Update project, Case Number PLCY-
003816-2020 GPA, is popularly known as “Housing Update 2021-2019”;
WHEREAS, California Government Code Section 65583 requires that the Housing
Element Update contain: (i) an assessment of the City’s housing needs and an analysis of the
resources and constraints, both governmental and non-governmental, relevant to the meeting of
these needs; (ii) an inventory of land suitable and available for residential development and an
analysis of the development potential of such sites; (iii) a statement of the community's goals,
quantified objectives, and policies relative to the maintenance, preservation, improvement, and
development of housing; and (iv) programs that set forth a schedule of actions the local
government is undertaking or intends to undertake to implement the policies and achieve the
goals and objectives of the Housing Element Update;
WHEREAS, the City’s share of the regional housing need was established in the
Regional Housing Needs Assessment Plan prepared and adopted by the San Diego Association
of Governments (SANDAG) on July 10, 2020. The allocation establishes the number of new
units needed, by income category, to accommodate expected population growth over the
planning period of the Housing Element;
WHEREAS, Housing Element Law requires the Housing Element to identify adequate
sites to accommodate the City's Regional Housing Needs Allocation (RHNA) for all income
categories, and the Housing Element Update identifies sites that can accommodate housing
exceeding the City's RHNA;
WHEREAS, in accordance with Government Code Section 65585(b), the City on June
30, 2020 submitted a draft Housing Element to the California Department of Housing and
Community Development (HCD) and submitted revisions to HCD dated August 17 and 19,
2020; and received a letter from HCD dated August 27, 2020, which found that the City’s draft
Housing Element required revisions to comply with Housing Element Law;
WHEREAS, the City Council considered the comments received from HCD at a Study
Session on November 16, 2020 and provided direction on responses to HCD’s comments;
WHEREAS, the City incorporated each of HCD's specific requirements identified in the
August 27, 2020 letter into the City's Housing Plan Update 2021-2029, resubmitted the draft
Housing Plan Update 2021-2029 to HCD on December 4, 2020, and submitted additional
revisions on January 18, 2021;
WHEREAS, HCD issued a letter to the City dated February 4, 2020, which found that the
City’s December 4, 2020 draft Housing Element and revisions required further revisions to
comply with Housing Element Law;
WHEREAS, the City Council and Planning Commission considered the comments
received from HCD at a Joint Study Session on February 16, 2021 and provided direction on
responses to HCD’s comments;
WHEREAS, the City incorporated revisions into Housing Plan Update 2021-2029 in
response to HCD's letter of February 4, 2020 to ensure that the Housing Element would
substantially comply with Housing Element Law;
WHEREAS, the City has determined that the Project is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines
because it can be seen with certainty that there is no possibility that the proposed Housing
Element would have a significant effect on the environment, in that no new policies adopted
modify the density or physical design of housing and so do not have the potential for causing a
reasonably foreseeable direct or indirect change in the physical environment;
WHEREAS, the City conducted substantial and broad public engagement using a
methodical process including surveys with over 500 respondents and public workshops with
over 50 participants, identifying public opportunities and issues and this Project is a culmination
of the input received;
WHEREAS, the Planning Commission held a duly noticed public hearing on March 4,
2021, as prescribed by law. Evidence was submitted to and considered by the Planning
Commission, including, without limitation:
a. Written information including written and graphical information posted on the Project
website, including without limitation public comments submitted to HCD and City
responses through February 26, 2021, all of which are incorporated by this reference
as though fully set forth herein.
b. Materials created for public engagement and study session agenda reports.
c. Oral testimony from City staff, interested parties, and the public.
d. The staff report dated March 4, 2021, which along with attachments, are
incorporated herein by reference as though fully set forth herein, as are staff reports
and presentations prepared for related study sessions, which occurred during the life
of the Project.
e. Additional information submitted during the public hearing;
WHEREAS, the proposed amendments to the Housing Element will not repeal, amend,
or adopt any of the Planning Policy Documents referenced in Section 3 of the Encinitas Right to
Vote Amendment (Encinitas Municipal Code Section 30.00.030) and therefore no vote of the
electorate is required before the Housing Element Update may become effective;
WHEREAS, the proposed update to the Housing Element is not a General Plan update
that is comprehensive in nature, as defined in Land Use Element Policy 3.14, in that it is not
titled as such and does not substantially change or re-adopt the text and maps of the existing
elements of the General Plan; and
WHEREAS, based on the totality of the record and evidence described and referenced
in this Resolution, the Encinitas Planning Commission 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, providing adequate sites with corresponding density to meet the City's RHNA
allocation, and adopting State mandated and locally desired programs to implement the
Housing Element effectively.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission, in its
independent judgment and after fully considering all alternatives, hereby RECOMMENDS
APPROVAL of the Sixth Cycle Housing Element; with an additional objective to study the impact of
non-owner occupied short-term lodging on the availability of housing, and declares that:
SECTION 1. The foregoing recitations are true and correct and are incorporated by
reference into this action.
SECTION 2. The amendment to the Housing Element of the General Plan substantially
complies with Housing Element Law, as provided in Government Code 65580 et. seq. The
proposed amendments are required to bring the Housing Element into consistency with State
law and are consistent with sound planning principles in that the proposed policies and
proposed implementing regulations are compatible and ensure that the goals and policies of the
General Plan can be adequately implemented to achieve the community’s vision.
SECTION 3. There is a real and substantial relationship of the Encinitas Housing
Element to the general welfare of the City and the entire region. Encinitas has adequately
researched and considered the numerous competing interests in the region and, in view of the
demonstrated need for new housing, the approval constituted a reasonable accommodation of
those interests.
SECTION 4. Based on the evidence presented, Proposition A (EMC Chapter 30.00) is
not applicable to this item, and no voter requirement applies, and the Encinitas Planning
Commission recommends that the City Council approve the Draft Sixth Cycle Housing Element,
attached hereto as Exhibit A.
PASSED AND ADOPTED this 4th day of March, 2021 by the following vote, to wit:
AYES: Ehlers, Dalton, Doyle, Flicker, Sherod
NOES: None
ABSTAIN: None
ABSENT: None
_________________________
Bruce Ehlers, Chair
ATTEST:
_________________________
Roy Sapa’u
Secretary
EXHIBIT A
DRAFT SIXTH CYCLE HOUSING ELEMENT