Judge Orders the City of Encinitas to Adopt a Housing Element; City’s first since 1992

On December 12, 2018, Judge Frazier of the San Diego Superior Court ordered the City of Encinitas to adopt its first housing element since 1992 without subjecting the necessary zoning changes to density and height limitations to the voters for approval.

San Diego voters approved Proposition A in 2013, requiring all height and density increases to be approved by a majority of voters, even when density and height changes are required to comply with state housing element law and to provide adequate sites to accommodate the City’s fair share of the region’s housing projections.

On behalf of Lorraine Del-Rose and the organization, San Diego Tenants United, PILP, San Diego Voluntary Lawyer’s Program, and Cozen O’Connor sued the City of Encinitas after the voters rejected the City’s housing element. Several weeks after our lawsuit was filed, the Building Industry Association filed an almost identical suit that was related and assigned to the same judge.

The Court ordered the City to adopt a housing element with the necessary zoning changes within 120 days and without subjecting the plan to the voters. This marks the first time the City will identify adequate sites for lower-income households in three decades.

To view the Judge’s order, click HERE.

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