2023-107 Initiate Amedments AB 2097RESOLUTION NO. 2023-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA, DIRECTING STAFF TO INITIATE AMENDMENTS TO THE MUNICIPAL
CODE, THE DOWNTOWN ENCINITIAS, NORTH 101 CORRIDOR, AND ENCINITAS
RANCH SPECIFIC PLANS, AND THE LOCAL COASTAL PROGRAM TO IMPLEMENT
STATE LAW AB 2097 PROHIBITING MINIMUM AUTOMOBILE PARKING
REQUIREMENTS ON RESIDENTIAL, COMMERCIAL, AND OTHER DEVELOPMENT
PROJECTS WITHIN ONE-HALF MILE OF PUBLIC TRANSIT
WHEREAS, on January 1, 2023, Assembly Bill (AB) 2097 became effective, which
establishes that a public agency cannot require “any minimum automobile parking requirement on a
residential, commercial, or other development project if the project is located within one-half mile of
public transit.”
WHEREAS, pursuant to Section 30.72.020(B) of the Encinitas Municipal Code (“EMC”), City
Council authorization by resolution is required to initiate amendments to the zoning regulations to
implement AB 2097.
WHEREAS , in the interim period prior to adoption of an ordinance to implement the provisions
of AB 2097, staff will address application of Local Coastal Program policies on a project level basis for
development projects within the applicable implementation area of AB 2097.
NOW, THEREFORE, the City Council of the City of Encinitas resolves as follows:
SECTION 1. That the above recitations are true and correct.
SECTION 2. Pursuant to Section 30.72.020(B), the City Council hereby directs staff to initiate
amendments to the EMC Zoning Regulations (Title 30), the Downtown Encinitas, North 101 Corridor,
and Encinitas Ranch Specific Plans, and Local Coastal Plan to implement AB 2097, as necessary
to provide clarification and guidance for the City’s implementation of this new state law.
SECTION 3. This action is not subject to the California Environmental Quality Act (CEQA) pursuant
to Section 15060(c)(3) of the CEQA Guidelines since this action is not a “project” pursuant to Section
15378(b)(5). The action involves an organizational or administrative activity of government that will
not result in a direct or indirect physical change in the environment. Environmental review will be
conducted in connection with and prior to the adoption of any resulting ordinances.
SECTION 4: That this Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City
of Encinitas, California, held on the 15th day of November 2023.
APPROVED:
Tony Kranz, Mayor
DocuSign Envelope ID: A35508EA-CD1E-45A8-807F-611C825AED64
ATTEST:
Kathy Hollywood, City Clerk
APPROVED AS TO FORM:
Tarquin Preziosi, City Attorney
CERTIFICATION:
I, Kathy Hollywood, City Clerk of the City of Encinitas, California, do hereby certify under penalty of
perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on
this 15th day of November 2023 by the following vote:
AYES: Blackwell, Ehlers, Kranz, Lyndes
NOES: None
ABSENT: Hinze
ABSTAIN: None
Kathy Hollywood, City Clerk
DocuSign Envelope ID: A35508EA-CD1E-45A8-807F-611C825AED64