Finally, ERRD will have our day in Court! (see below for background).
Our case against the City of Encinitas, challenging the City’s processing and approval of the Encinitas Blvd Apartments, will be heard on June 29th, at 1:30 pm in the Superior Court of California, San Diego County, North County Division.
Encinitas RRD has been tirelessly reviewing the Goodson Project for over 3 years. We have continually communicated with the City about the concerns of the community. ERRD brought forward numerous issues on the developer’s application, and we were successful in getting the City to enforce some of those changes. But regarding some of the most important issues, especially public safety, the City rejected our appeals. Taking the City to Court was our final recourse.
This is our last chance to reduce the size of the project or remove it altogether. ERRD has received significant donations that have gotten us this far. The Rancho Santa Fe Association has generously committed $25k, for which we are very grateful. Getting through trial is very expensive, this lawsuit can only go forward with community donations. Please spread the word, as we will need everyone’s help!
Summary of Trial Brief
The complete Trial Brief from our attorney can be found here.
The 3 main complaints are summarized as follows.
First, the City had no authority or jurisdiction to “reconsider” the November 10th, 2021, City Council decision to deny the project. However, on June 8th, 2022, the City chose to hear (only) the applicant’s appeal and denied ERRD the right to have its appeal heard.
The second complaint is based on the City allowing the applicant to remove Lot 2B, a small steep 40’ wide portion of vacated road. Because the City has no authority to sever a parcel that was never legal, its action resulted in an impermissible subdivision. Removing this steep parcel benefited the developer by keeping him out of the restrictions of the Hillside/Inland Bluff Overlay Zone.
Last, and the most significant complaint, the City abdicated and abused its discretion during its review, consideration, and decisions regarding public health and safety. The City falsely claimed there was lack of evidence, and falsely rejected the efficacy of the existing substantial evidence by ignoring fire and evacuation considerations. When the City finally confirmed the existence of the evidence from its own commissioned fire safety consultant, Fitch and Associates, it refused to consider the evidence before approving the project on June 8th, 2022.
Please Donate
As always, we appreciate all your support, and we hope your help will enable us to achieve success in this endeavor!
Make online donations via PayPal on EncinitasRRD.org (donate button top right).
Or
make checks payable to “North County Advocates” (our fiscal agent). Please write “ERRD” in the memo line so we get the credit. Mail to:
Encinitas RRD
2240 Encinitas Blvd., Suite D-336
Encinitas, CA 92024
Background
Past RSF Post articles on this massive apartment complex on our doorstep:
