Today, the Encinitas Residents Alliance, supported by the North County Advocates, filed a lawsuit against the City of Encinitas and CityMark Development. The lawsuit challenges an unconstitutional settlement agreement the City made in August 2015 when it granted its authority over development decisions to the Building Industry Association of San Diego (BIA). Encinitas Residents Alliance (or ERA) aims to invalidate the pact between the City and the BIA and overturn the Council’s approval of the CityMark Hymettus Estates density bonus project in Leucadia – one of six pipeline projects treated specially as a result of the unlawful BIA deal.Encinitas Residents Alliance can be found here, with information on local zoning issues as well as a way to sign up for e-mail updates. This is going to be an important group in the discussion over high-density development this fall.
“This illegal agreement binds the City in their decision making and gives unique, preferential treatment to six density bonus projects including Hymettus Estates. It changes how they calculate the number of units permitted and the net result is almost double the number of housing units allowed by our local zoning,” said Bruce Ehlers, former City of Encinitas Planning Commissioner and Boardmember of North County Advocates.