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Encinitas extends HCP deed restrictions one year; interim AUP provisions to expire
Summary
Council voted unanimously to extend the 1994 Housing Certification Program (HCP) deed restriction deadline by one year to June 16, 2027 and not to renew the interim Affordable Unit Policy (AUP); staff will notify property owners and explain ADU legalization options under state law.
The Encinitas City Council on Tuesday extended the deadline for the Housing Certification Program (HCP) deed restrictions by one year and allowed the city's interim Affordable Unit Policy (AUP) to lapse, a move staff said aligns the city's rules with recent state ADU laws.
Charlotte Brener, senior management analyst, outlined the two legacy programs. The HCP — a short 1994–95 program that placed deed restrictions on units approved at the time — had 92 remaining properties under its covenant and had previously been extended; the AUP, adopted in 1993 and amended in 2014, provided a pathway to legalize some unpermitted units in exchange for affordability covenants. Brener told council state legislation since 2020 (notably AB 2533 and SB 477) has changed the local permitting landscape for ADUs and unpermitted units.
Ellen Burke, a longtime resident who has tracked housing programs, urged a one‑year extension and time for property owners to choose a path: legalization through ADU law, demolition or full legalization to current building codes. "My recommendation is that you extend this for one year both programs," she told the council.
After discussion, the council voted unanimously to extend the HCP deed‑restriction time frame to June 16, 2027 and to discontinue the interim AUP provisions going forward. Staff said existing AUP units recorded under prior terms will remain under their recorded deed covenants and that the practical effect is to move future legalization work into state ADU streams that limit local ability to add affordability requirements.
City staff will notify affected property owners and outline options: (1) convert to an ADU under state ADU code (if the unit predated Jan. 1, 2020, AB 2533 provides a streamlined legalization route unless the property fails life‑safety standards); (2) legalize to current building code standards (more stringent); or (3) abate or remove the unit. The council directed staff to issue notices and to return if further policy steps are needed.
The action reflects an effort to reconcile long‑running local programs with recent state law changes while giving property owners a limited additional window to choose a path, council members said.
