Encinitas Increases Inclusionary Requirement

By Mike McSweeney

The Encinitas City Council took action on Wednesday evening, June 13th to make changes to the City’s Inclusionary Housing Ordinance.  They have increased their inclusionary requirement from 10% to 15%.  Additionally, a builder has to have all of their inclusionary units completed at the 75% completion mark of their development.  One innovative idea that was included in their revised ordinance is the ability of a developer to build and accessory dwelling unit (ADU) as a unit to meet the requirement of the ordinance, up to 5 ADUs in a development.  The Council also allowed developers the option of meeting the requirement at 10% if the units were for very low income persons.

Council directed staff to hire a consultant to study an in-lieu fee, a gap analysis to determine the amount of the potential in-lieu fee and a study justifying a higher than 15% inclusionary requirement on the up-zoned parcels in their draft housing element.  BIA staff will continue to monitor the situation and keep the membership abreast of any changes going forward.  For additional information, contact Mike McSweeney.