The next step in the process is that there will be a second reading of the Housing Element Update Ordinance on July 18th and then it will be placed on the November ballot for residents of Encinitas to vote on.
There is the chance that the State Housing and Community Development Department (HCD) does not “certify” this housing element because Muir, Kranz and Mosca did not agree with their definition of what constitutes a “vacant” site and are willing to have a judge bring some logic to that conversation if necessary. They also did not agree with the overly ambitious buffer of units/sites the City was presenting to HCD creating additional unnecessary controversy in what is already an extremely challenging situation. Muir, Kranz and Mosca felt it was better to take the chance of having to convince HCD and the court of how the housing element complies, especially given the fact that keeping all of the sites on that HCD wants to see will doom the Housing Element vote to certain failure in November. If the Housing Element were not approved by the voters, the City may lose its ability to make almost all of its land use decisions and the court and/or HCD and/or the plantiffs in the various lawsuits against the city would get to specify the quantity and location of affordable and market rate housing that could be built all over Encinitas, including L-7.
While the removal of L-7 from the affordable housing plan is a great outcome for now, this issue is not fully resolved. The council will vote again July 18th after HCD has responded to these sites being taken off.
It is recommended that you take the time to watch the first 30-45 minutes of the June 20th meeting, followed by the Council deliberations for the last +/- 45 minutes of the meeting to fully understand what happened. The first few speakers during public testimony are also worth listening to (Bruce Ehlers and the Attorney Everett Delano representing QGD Neighbors and the interests of those of you who would like 1) to see L-7 remain off the list and 2) see a Housing Element be approved by voters in November.