July 2, 2023
Encinitas Residents for Responsible Development (ERRD) had their day in Court June 29th in a bid to require Encinitas to properly discharge their zoning responsibilities regarding the large apartment complex looking to be built on Rancho’s doorstep. The judge listened to the arguments and is expected to deliver a verdict with in the next three weeks. Following is ERRD’s statement:
First and foremost, thank you to everyone who showed up at court on Thursday. Unfortunately, the bailiff said there was a miscommunication on their part regarding the number that could be seated in the gallery, so many were turned away. Even so, we felt that having the community there was very impactful – so thank you all.
Our attorney had strong closing arguments, reiterating that the city had no jurisdiction to “reconsider” the November 10th 2021, denial, and then to hear only the applicant’s appeal, not ERRD’s appeal. Second, was the issue of the applicant’s removal of lot 2B. This small portion of land had been in the project square footage at the time the parcel was submitted for the Housing Element review. Removing it now leaves an illegal remnant lot. And the last complaint was that the City abdicated and abused its discretion during review, consideration, and decisions regarding public health and safety. This included the city’s refusal to consider evidence provided by its own fire safety consultant, Fitch and Associates, before approving the project on June 8th, 2022.
After listening to both sides today, the Judge said he will review all of the briefs one more time before making a written ruling. We expect this to hopefully happen within the next 3 weeks. As soon as we know we will share this information.