2021-22 (EG)
RESOLUTION NO. PC 2021-22
A RESOLUTION OF THE CITY OF ENCINITAS PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL OF THE CITY OF ENCINITAS ADOPT DRAFT CITY COUNCIL
ORDINANCE NO. 2021-10, TITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ENCINITAS, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 30 (ZONING) OF THE
ENCINITAS MUNICIPAL CODE AND LOCAL COASTAL PLAN TO MODIFY EXISTING
PARKING REQUIREMENTS TO ALLOW TANDEM PARKING IN A MULTI-FAMILY HOUSING
DEVELOPMENT.”
WHEREAS, the 2021-2029 Housing Element approved by the City Council on April 7,
2021 contains Housing Element Program 3A, which provides that the City of Encinitas will amend
its Zoning Code to establish parking standards appropriate for different kinds of housing;
WHEREAS, the Planning Commission conducted a noticed public hearing on May 6,
2021, which was continued to May 20, 2021 to discuss and consider proposed amendments to
Title 30 of the Encinitas Municipal Code to establish parking requirements for tandem parking in
a multi-family housing development;
WHEREAS, the Planning Commission on May 20, 2021 continued the public hearing to a
date certain of June 8, 2021 to discuss and consider the proposed amendments to Title 30 of the
Encinitas Municipal Code to establish parking requirements for tandem parking in multi-family
housing development; and
WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments
(LCPA) was issued which opens a six-week public review period that runs from April 16, 2021 to
May 28, 2021.
NOW, THEREFORE, BE IT RESOLVED that the Encinitas Planning Commission hereby
RECOMMENDS APPROVAL of City Council draft Ordinance No. 2021-10, attached hereto as
Exhibit A, amending Title 30 (ZONING) of the Encinitas Municipal Code and Local Coastal Plan
based on the following Environmental Determination and Findings:
Section 1. California Environmental Quality Act Determination
The Planning Commission, in its independent judgment, recommends that the City finds that
the proposed amendments to the City’s Municipal Code 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.
Section 2. Findings.
The Planning Commission finds that the amendment is consistent with the purposes of
the General Plan, the purposes of the Municipal Code, the purposes of the Local Coastal Plan,
and other applicable City ordinances.
PASSED AND ADOPTED this June 8, 2021, by the following vote, to wit:AYES: DALTON, DOYLE, FLICKER, SHERODNAYS: EHLERSABSTAIN:ABSENT:Bruce Ehlers, Chairsa'uRoS'aecretary
EXHIBIT A
DRAFT ORDINANCE NO. 2021-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA,
ADOPTING AMENDMENTS TO TITLE 30 (ZONING) OF THE ENCINITAS MUNICIPAL CODE
AND LOCAL COASTAL PLAN TO MODIFY EXISTING PARKING REQUIREMENTS TO
ALLOW TANDEM PARKING IN A MULTI-FAMILY HOUSING DEVELOPMENT
The City Council of the City of Encinitas does hereby find and declares as follows:
WHEREAS, the 2021-2029 Housing Element approved by the City Council on April 7,
2021 contains Housing Element Program 3A, which provides that the City of Encinitas will amend
its Zoning Code to establish parking standards appropriate for different kinds of housing;
WHEREAS, the City Council finds that the proposed amendments to the City’s Municipal
Code 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 modify existing parking
regulations and creates parking ratios for specific types of housing. Accordingly, there is no
possibility that the amendments would have a significant effect on the environment;
WHEREAS, a Public Notice of Availability of proposed Local Coastal Plan Amendments
(LCPA) was issued which opened a six-week public review period that ran from April 16, 2021
and concluded on May 28, 2021;
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 May 6, 2021, May
20, 2021 and June 8, 2021 for the purpose of considering amendments to Title 30 of the Encinitas
Municipal Code, 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-
2021-XX, on file with the Office of the City Clerk and incorporated by this reference,
recommending approval of said Ordinance;
WHEREAS, the City Council conducted a Public Hearing on _________ and __________
for the purpose of considering amendments to Title 30 of the Encinitas Municipal Code;
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.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains
as follows:
SECTION ONE: SECTION 30.54.090 (TANDEM PARKING REGULATIONS) OF TITLE 30,
ZONING
Subsection 30.54.090 (Tandem Parking Regulations) of Chapter 30.54 (Off-Street
Parking) of Title 30 of the Encinitas Municipal Code is hereby added to read as follows (underline
is used to denote new text being added):
30.54.090 Tandem Parking Regulations
A. Tandem Parking. An off-street parking arrangement which includes parking stalls where
one is arranged in front of the other.
B. Tandem Parking is permitted for units of a residential housing development subject to the
following requirements, and approval by the approval authority:
1. When two or more parking spaces are reser ved or required for a dwelling unit,
such spaces may be developed as tandem parking spaces.
2. Any tandem parking shall only provide off-street parking which serves the same
dwelling unit of the residential housing development.
3. Any tandem parking provided shall be at minimum 8.5 feet x 36 feet unenclosed
and 8.5 feet x 38 feet for enclosed to accommodate two vehicles. No more than
two vehicles may be parked in tandem.
4. Any tandem parking located within a required interior side yard setback shall
provide a six-foot fence, wall or hedge to screen the tandem parking spaces from
adjacent properties.
5. Tandem spaces may be provided in driveways or garages, or a combination
thereof.
6. Tandem spaces shall not be used for guest parking.
SECTION TWO: 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 THREE: 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 FOUR: INTRODUCTION
This Ordinance was introduced on _____________.
PASSED AND ADOPTED this __day of _______, 2021 by the following vote to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
_______________________________________
Catherine S. Blakespear, Mayor, City of Encinitas
ATTEST:
_______________________________________
Kathy Hollywood, City Clerk
APPROVED AS TO FORM:
_______________________________________
Leslie E. Devaney, City Attorney