ENCINITAS — The Encinitas City Council rejected an appeal of a Planning Commission decision regarding a 17-unit residential subdivision on Bella Vista Drive, where the developer utilized density bonus provisions to increase the number of allowable units.
The meeting included nearly three hours of discussion involving council members, city staff, the appellants, the applicant and members of the public. Ultimately, the appeal was rejected, as the appellants’ nine points of contention failed to meet the criteria necessary to overturn the Planning Commission’s decision.
Newly-elected Mayor Bruce Ehlers, who ran on a platform of pushing back against state housing mandates such as the density bonus policy, showed sympathy for the appellants’ concerns regarding overdevelopment, perceived overcrowding and the impact of state-imposed housing policies on local control.
“We’re at risk of a lawsuit either way, and we want to do what’s right by both parties and give both parties their due process,” Ehlers said during the meeting. “I’m going to, begrudgingly, vote to deny the appeal.”
The appeal, filed by United Citizens for the Responsible Development of Bella Vista, raised concerns about environmental impacts, density calculations, biological and cultural resources, fire safety, drainage and traffic. City staff and Ehlers countered these claims, asserting that the environmental review fully evaluated all phases of development, including future homes and adhered to CEQA requirements.
City staff also defended using gross acreage for density calculations, consistent with state law and outlined mitigation measures to preserve sensitive habitat, monitor for cultural resources during grading, and reduce wildfire risks with fire-resistant designs.
Staff further addressed concerns about drainage and traffic, noting that on-site stormwater systems would prevent runoff issues and that traffic data was collected during regular peak periods, showing minimal impact.
The appellant also suggested the project’s Coastal Development Permit might be appealable to the California Coastal Commission, but staff clarified that the permit does not fall under the appeal jurisdiction of the Coastal Commission.
The project site, a 10-acre coastal mesa surrounded by single-family homes and open spaces near Batiquitos Lagoon, is zoned Rural Residential 1, typically allowing one unit per developable acre.
The subdivision of 15 market-rate homes and two affordable units will be concentrated on roughly 6 acres of flat, previously disturbed portions of the property, or approximately three homes per acre. Approximately 32% of the site will be dedicated to open space preservation, including nearly three acres of steep canyon slopes.
Newly-elected Councilmember Jim O’Hara acknowledged that the appellants raised valid points but that the developer’s proactive engagement and concessions ultimately mitigated their concerns.
“You always want to be sympathetic to the residents. At the same time you want to review in a situation like that, you respect the developers’ property rights,” O’Hara told The Coast News. “I don’t know if we got the perfect outcome, but we got an improved outcome due to that collaboration and cooperation between the two groups.”
