Commissioners flag junior ADU configuration as potential workaround; require exterior access

Commissioners at the Oct. 1 Encinitas hearing debated whether the project’s junior accessory dwelling units (JADUs) — placed internally within the stack of living floors — constitute an intended use under state ADU/JADU law or effectively increase floor area for primary residences. Several commissioners said the JADU configuration appeared to give the applicant greater usable area than a conventional detached ADU and expressed discomfort that the state’s ADU rules permit configurations that can be used primarily as living space rather than rental units.

Commissioner comments focused on whether the JADUs were “clearly subordinate” to the primary residence as required by state law and Encinitas conditions. One commissioner summarized: “It seems like a workaround — if you don’t rent it out, you still get the square footage.” In response, staff amended the resolution to add condition SCA 6 requiring an exterior egress door that meets building-code dimensions; applicant Ross Kaye pledged to install a compliant door. The commission also asked staff if the California Department of Housing and Community Development (HCD) could be consulted for guidance on gray areas of JADU interpretation, and staff offered to contact HCD if the commission desired additional confirmation.

The commission’s immediate resolution was procedural: approval of the project with SCA 6 and a corrected code citation. Commissioners noted that while they may be philosophically uncomfortable with aspects of state ADU law, the local findings must be made under state and municipal code. The added condition will be checked during building-permit review.