2021-10 (EG)RESOLUTION NO. PC 2021-10
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ENCINITAS NOT
REPEAL ORDINANCE NO. 2020-09 IN ITS ENTIRETY AND INSTEAD DISCUSS AND
CONSIDER THE MERITS OF THE COMPONENTS OF ORDINANCE NO. 2020-09.
(CASE NO. PLCY-004488-2021 (ZA) – Repeal Ordinance No. 2020-09)
WHEREAS, on December 16, 2020, the City Council adopted Ordinance No.
2020-09 amending Chapter 30.16.020(C) (Density Bonus Regulations) of the Encinitas
Municipal Code;
WHEREAS, on February 4, 2021, the City of Encinitas received a comment letter
from the State Department of Housing and Community Development (HCD) stating that
Ordinance No. 2020-09 was not consistent with State law and requesting that the City
immediately repeal the Ordinance;
WHEREAS, on March 25, 2021, the City of Encinitas received a Notice of
Violation from HCD restating the comments from the February 4, 2021 letter;
WHEREAS, the City of Encinitas adopted the Sixth Cycle Housing Element on
April 7, 2021;
WHEREAS, Program 2D of the adopted Housing Element states “Repeal the
amendments made to the City’s density bonus ordinance included in Ordinance 2020-09
adopted December 2020 and adopt any amendments required to be consistent with
current requirements of State Density Bonus Law within three months. Immediately
process density bonus applications consistent with current State Density Bonus Law.”;
WHEREAS, on May 6, 2021, the Encinitas Planning Commission held a duly-
noticed public hearing concerning repealing Ordinance No. 2020-09 and reinstating the
Zoning Code language existing prior to adoption of Ordinance No. 2020-09; and
WHEREAS, this project does not constitute an amendment to the Local Coastal
Program (LCP) as Ordinance No. 2020-09 is not in effect because it has not been
approved by the California Coastal Commission, and the reinstated zoning code
language prior to adoption of Ordinance No. 2020-09 is part of the City's approved Local
Coastal Program.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission
hereby RECOMMENDS that the City Council not repeal Ordinance No. 2020-09 in its
entirety and recommends that the City Council should instead discuss and consider the
merits of the different components and determine if they want to defend them. Projects
that are denied are statutorily exempt from the California Environmental Quality Act.
(Public Resources Code § 21080(b)(5); CEQA Guidelines § 15270.)
PASSED AND ADOPTED this May 6, 2021, by the following vote, to wit:
AYES: Ehlers, Doyle, Sherod
NAYS: Dalton, Flicker
ABSTAIN: None
ABSENT: None
_______________________________
Bruce Ehlers, Chair
ATTEST:
_________________________
Roy Sapa’u, Secretary