Defendants will adopt an Updated Housing Element in accordance with the Housing Element Law no later than the date that the City Council adopts the resolution required by Elections Code Section 10263 declaring the results of the November 8, 2016 election.The council majority (Kranz, Blakespear, and Shaffer, with Muir and Gaspar opposed) promised this to developers, knowing that the massive upzoning to three story mixed-use and 48-foot-high buildings without adequate parking would be highly unlikely to be approved by voters.
The city of Encinitas is now in an extremely difficult legal position, being in default of a settlement the council had no right to make nor reason to believe could possibly be fulfilled.
... which leads us to wonder: is this just gross incompetence, or is the council colluding with developers? Outgoing councilwoman Lisa Shaffer's comments would seem to support the latter view as she said:
I think we should be finding the cheapest and fastest way to get this to a judge.