Three Appeals Submitted to Coastal Commission
Encinitas Citizens for Responsible Development (ECRD) is appealing the City Council’s February 12th approval of plans for the 448-unit Quail Meadows Apartments project to the California Coastal Commission.
Filed this month, the appeal argues that the Coastal Commission must review the developer’s site plan and how it would impact a tributary of Cottonwood Creek that crosses the 12-acre project site on Quail Gardens Drive at Kristen Court. The appeal also takes issue with the developer’s plans to utilize a badly corroded and unpermitted storm drain.
In the appeal, ECRD provides evidence that the Coastal Commission may consider to review the project “de novo”.
Plans for Quail Meadows Apartments call for two, four-story buildings that would be the largest residential structures in Encinitas.
In addition to ECRD, two other groups — Supporters Alliance for Environmental Responsibility (SAFER, represented by Lozeau Drury), and Hamilton Biological — filed appeals to the Coastal Commission ahead of the March 6 deadline.
The filing of the appeals follow a five-hour City Council hearing February 12th.
On a 3-1 vote, council members reluctantly rejected opponents’ appeals, citing a Feb. 6 letter from the California Housing and Community Development (HCD) that stated denying the project could result in one or more violations of state housing laws.
Encinitas could face decertification of its Housing Element, the letter stated, which would strip the City Council of its authority to act upon housing development applications and trigger something called “Builder’s Remedy,” which allows for a 100% density bonus increase with no requirement for providing low-income housing. At Quail Meadows, that would open the door to a 718-unit, “by-right” project with no affordable units.
In light of credible threats from housing authorities, we understand the City Council’s action and encourage council members to support our challenge before the Coastal Commission.
Meanwhile, the three appeals are under review by Coastal Commission staff, which will determine whether ample evidence is presented to trigger a de novo hearing. ECRD expects an answer in about six weeks.
Regular updates on the appeals will be provided.
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