AGENDA REPORT
City Council
MEETING
DATE:
September 23, 2026
PREPARED
BY:
Ajit Thind
City Attorney
DEPARTMENT
DIRECTOR:
Ajit Thind
City Attorney
DEPARTMENT: City Attorney CITY
MANAGER:
Jennifer Campbell
SUBJECT:
Public Hearing to Consider Introduction and First Reading of Ordinance 2026-21 proposing Municipal Code amendments to modify the appeal provisions of the adopted 2025 California Building Standards Code
RECOMMENDED ACTION:
Introduce City Council Ordinance No. 2026-21, titled “An Ordinance of the City Council of the City of Encinitas, California, adopting Amendments to Section 23.12.030 of the Encinitas Municipal Code Pertaining to the Board of Appeals Under the California Building Code.” ENVIRONMENTAL CONSIDERATIONS:
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
GENERAL PLAN/CITY COUNCIL FOCUS AREAS:
This agenda item is not related to the General Plan or Focus Areas.
FISCAL CONSIDERATIONS:
There is no direct fiscal impact associated with the staff recommendation.
BACKGROUND:
The California Building Standards Commission (CBSC) is the State agency responsible for establishing and updating the building and fire standards and codes for new construction in the 2026-09-23 Item #12F Page 1 of 7
state, known as the California Title 24 Building Standards Code, the International Fire Code, and the California Fire Code and hereinafter referred to as the “Building Code” and the “Fire Codes,” respectively. Updates to the Building and Fire Codes are completed by the CBSC on a triennial cycle (every three years). The California Health and Safety Code requires that each jurisdiction in the state adopt the most recent edition of the Building Code and Fire Codes. If it is not adopted by a jurisdiction, it has the force of law 180 days after publication.
The Building Codes contain general building design and construction requirements relating to fire and life safety, structural safety, and access compliance. The Fire Codes contain regulations consistent with nationally recognized and accepted practices for safeguarding life and property from the hazards of fire, explosion, and hazardous materials. The Energy Code contains requirements for building energy efficiency and conservation. The Green Building Standards Code, also referred to as CALGreen, contains regulations for water efficiency and conservation, material conservation and resource efficiency, environmental quality, and more.
In the past, the state allowed local code amendments (commonly called “reach codes”) to the proposed Building and Fire Codes when findings can be made to support that the locally unique topographical, geological, and climatic conditions necessitate the amendments. In no circumstances can a local amendment be less restrictive than the state adopted codes.
Additionally, to amend building codes related to energy efficiency, a local jurisdiction must demonstrate the modifications will save energy and be cost-effective when installed by an applicant.
ANALYSIS:
The City Council previously adopted the 2025 California Building Code and local amendments on September 24, 2025. As part of the local amendments allowed to the standard code, the City Council also amended the appeal provisions to set specific criteria related to a Board of Appeals.
Building code amendments add various administrative authority such as the designation of a separate body appointed by the City Council to act as the board of appeals, a common practice among jurisdictions, instead of the City Council itself acting in that role.
However, the previously adopted amendments to Section 113.3, which governs the qualifications, selection, and quorum of the Board of Appeals, which hears appeals related to the application and interpretation of the Building Code, have proven to make empaneling a Board of Appeals a lengthy process. Currently, the Code is written to seek a panel of ten professionals, with additional criteria related to the professionals, and a minimum of six for a quorum. Staff believes that the Council should instead only require three to five professionals, with less stringent requirements related to their location.
Staff proposes to re-write the modifications to Section 113, which are adopted in Section
23.12.030(B)(7) of the EMC, to state the following:
Section 113.2 Limitations on Authority. The application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The board shall not have the authority to waive requirement of this code or interpret the administration of this code, including, but not limited, the issuance of permits hereunder.
Section 113.3.1 Qualifications. The board of appeals shall consist of three (3) to five (5) 2026-09-23 Item #12F Page 2 of 7
members who are qualified by experience and training on matters pertaining to the California Building Code and who are not employees of the City of Encinitas. The Building Official and the Fire Marshal for the City of Encinitas shall participate as ex-officio nonmembers and shall not vote.
Section 113.3.2 Selection. The board of appeals shall consist of volunteers who shall receive no compensation other than reimbursement of costs related to participation on the board such as travel expenses. A list of volunteers shall be kept on file by the City Clerk and updated on an annual basis. Selection of members shall be made either at the time of the filing of an appeal or may be appointed on a standing basis by the City Council.
This new language of Section 113.3.1 mirrors the language in the uniform California Building Code, but specifies that the Board will be made up of three to five members. Section 113.3.3 which addressed quorum is now being deleted. The previously amended versions of Sections 113.2 and 113.3.2 remain unchanged.
ATTACHMENT(S):
1. Ordinance No. 2026-21, titled “An Ordinance of the City Council of the City of Encinitas, California adopting Amendments to Section 23.12.030 of the Encinitas Municipal Code Pertaining to the Board of Appeals Under the California Building Code.” 2026-09-23 Item #12F Page 3 of 7
ORDINANCE 2026-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, ADOPTING AMENDMENTS TO SECTION 23.12.030 OF THE ENCINITAS MUNICIPAL CODE
PERTAINING TO THE BOARD OF APPEALS UNDER THE CALIFORNIA BUILDING CODE WHEREAS, The California Building Standards Commission published the 2025 Building Standards Code on July 1, 2025;
WHEREAS, California Health and Safety Code requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication;
WHEREAS, if the California Buildings Standards Code is not adopted by a jurisdiction, it has the force and effect of law 180 days after publication; WHEREAS, on September 24, 2025 the City Council adopted the 2025 California Building Code with local amendments;
WHEREAS, the State allows local amendments when findings can be made that the proposed code changes are necessary to address locally unique topographical and climatic conditions, so long as the local amendments are no less restrictive than the State code;
WHEREAS, the local amendments and changes to the California Building Standards Codes are reasonably necessary because of the following climatic, geologic, and topographical conditions:
1. The City is situated in hilly, coastal and inland terrain. Approximately 50 percent of the area is “wildland” for fire purposes, covered by native vegetation on steep and frequently inaccessible hillsides. The native vegetation consists of highly combustible grasses, dense brush, and chaparral. Natural firebreaks in these areas are significantly lacking.
2. The City’s climate is warm and dry. The winds prevail from the west with seasonal strong dry east winds that vary in duration and intensity. These winds can significantly enlarge wildland fires as well as cause abrupt and unpredictable changes in fire direction. Temperatures ranging between 75- and 90-degrees Fahrenheit are common during the year.
3. The potential for fire damage is great in the wildland area. As such, a fire can spread rapidly, and hilly terrain, and combustible vegetation can slow response time.
4. Rural roads include many narrow winding roadways, often with grades in excess of that necessary for optimal response time for large fire apparatus. An additional factor affecting response time is the distance between fire stations and the fire location.
5. The water supply is limited making it necessary for fire apparatus to travel time consuming distances to refill once their initial water supply has been utilized.
6. As a result of prolonged drought, exacerbated by climate change, water supplies from imported sources are reduced and local water suppliers have been directed to achieve significant reductions in potable water use, while population and economic growth are expected to increase demand for water. Requiring plumbing for graywater stub out in 2026-09-23 Item #12F Page 4 of 7
new residential development facilitates the use of graywater for irrigation, which in turn helps address drought-related water supply impacts.
7. As a result of high summer ambient temperatures and periods of heat waves, the average load demand and peak load demand of energy used in San Diego County is an important factor concerning the public safety, as well as the adverse economic impacts of power outages or reductions. Facilitating the installation of an electric panel large enough for future photovoltaic and/or electric vehicle charging system, installation of conduit for future photovoltaic and electric vehicle charging system, and reserving south facing roofs for future solar, will have local and regional benefits in reduction of total and peak energy use and greenhouse gas emissions.
WHEREAS, the previously adopted local amendments to the California Building Code included revisions to the provisions related to the Building Code Board of Appeals; WHEREAS, the process for empaneling the Board of Appeals has become lengthy and the City seeks to expedite and streamline the process.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as follows:
SECTION ONE: Section 23.12.030(B)(7) of the Encinitas Municipal Code is amended to read as follows:
7. Section 113 is modified by amending sections 113.2 and 113.3 to read:
Section 113.2 Limitations on Authority. The application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The board shall not have the authority to waive requirement of this code or interpret the administration of this code, including, but not limited, the issuance of permits hereunder.
Section 113.3.1 Qualifications. The board of appeals shall consist of four (4) currently employed Certified Building Officials, five (5) currently licensed California design professionals employed and/or residing in San Diego County, and one (1) accessibility advocate residing in San Diego County, who are not employees of the City of Encinitas.
The board of appeals shall consist of three (3) to five (5) members who are qualified by experience and training on matters pertaining to the California Building Code and who are not employees of the City of Encinitas. The Building Official and the Fire Marshal for the City of Encinitas shall participate as ex-officio non-members and shall not vote.
Section 113.3.2 Selection. The board of appeals shall consist of volunteers who shall receive no compensation other than reimbursement of costs related to participation on the board such as travel expenses. A list of volunteers shall be kept on file by the City Clerk and updated on an annual basis. Selection of members shall be made either at the time of the filing of an appeal or may be appointed on a standing basis by the City Council.
Section 113.3.3 Quorum. A quorum of 6 members is required to act on an appeal. The 2026-09-23 Item #12F Page 5 of 7
Building Official and the Fire Marshal for the City of Encinitas shall participate as exofficio non-members and shall not vote.
SECTION TWO: ENVIRONMENTAL COMPLIANCE.
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The action is also exempt from CEQA under Section 15378(b)(5) of the CEQA Guidelines because it involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
SECTION THREE: CONSISTENCY.
Any provision of the Encinitas Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION FOUR: SEVERABILITY.
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after its passage and the City Clerk of the City of Encinitas is hereby authorized to use summary publication procedures pursuant to Government Code Section 36933 utilizing the Coast News, a newspaper of general circulation published in the City of Encinitas.
This Ordinance was introduced at a regular meeting of the City Council held on September 23, 2026.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held on the _____ day of __________________.
______________________________
Bruce Ehlers, Mayor
ATTEST:
______________________________________
Pete Weichers, City Clerk
2026-09-23 Item #12F Page 6 of 7
APPROVED AS TO FORM
______________________________________
Ajit Thind, City Attorney
CERTIFICATION: I, Pete Weichers, City Clerk of the City of Encinitas, California, do hereby certify under penalty of perjury that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the _____ day of _______________, 2026 and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the _____ of _________________, 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Encinitas, California, this _____ day of ______, 2026
_____________________________________
Pete Weichers, City Clerk
2026-09-23 Item #12F Page 7 of 7