ENCINITAS — The Encinitas City Council on Wednesday lacked the minimum votes necessary to deny a resident’s appeal of a four-story, 87-unit apartment complex on El Camino Real.
The result, however, was the same: the challenge failed.
The council voted 2-1 to deny an appeal of the Camino Apartments project, but at least three votes were needed to pass the resolution. As a result, no formal action was taken, and the Planning Commission’s approval of the project remains in effect.
Councilmember Luke Shaffer was the lone vote against and Deputy Mayor Joy Lyndes was absent.
The council’s decision, which allows the Camino Apartments to move forward, came after a lengthy public hearing in which the appellant, former Encinitas planning commissioner Rubén Flores, raised environmental concerns about the project’s removal of two Torrey Pine trees and potential harm to migratory birds.
Flores also expressed dissatisfaction with the Planning Commission’s handling of the project, claiming a lack of thorough scrutiny during its approval process in October 2024.
“I was devastated by the lack of importance that I perceive coming from a number of the planning commissioners,” Flores said in a prerecorded video presentation. “This lack of care, this lack of attention, [and] lack of seriousness that a planning commission body gave to a development completely shocked me.”
The Camino Apartments project, located on a site designated as part of the city’s housing element update for the previous RHNA cycle, will include 75 market-rate and 12 very-low-income units. The project also requested a density bonus under state law.
During the public hearing, city staff noted that the site does not serve as a regional wildlife corridor or substantial habitat linkage for migratory birds. However, to address concerns about potential impacts, the project requires pre-construction surveys for nesting birds during the Jan. 15 to Sept. 15 nesting season, as mandated by the Migratory Bird Treaty Act and California Fish and Game Code.
Regarding the Torrey Pine trees, staff confirmed that the two trees slated for removal were planted on a manufactured slope in the 1990s and were not naturally occurring. To compensate, the developer has committed to planting five new Torrey Pine trees as part of the landscaping plan.
Public speakers raised additional issues, including the project’s design, parking capacity, and potential traffic impacts.
“Parking, parking, parking,” said resident Sandra Anderson. “It’s all about parking. I do not want that neighborhood to have the influx of cars and problems that our neighborhood has had because of an apartment complex.”
Several speakers criticized the architectural design, compatibility of the development with the rest of the area, as well as lack of parking. Residents also shared concerns over broader zoning and housing policies, with some blaming prior city leadership for approving the site’s residential zoning overlay.
Council members acknowledged residents’ frustrations but emphasized the need to evaluate the appeal based on its specific claims. Councilmember Jim O’Hara noted that the city was “working toward” addressing issues raised during the hearing, including parking and fire safety.
Mayor Bruce Ehlers referenced the site’s zoning history, explaining that it was designated as a residential overlay under a court order in 2019 after the city was at an impasse on housing element compliance.
“We have to consider the issue in front of us tonight,” Ehlers said. “On the two points of the appeal, the migratory bird issue is already doubly covered by federal law and the additional condition of approval, and the evidence clearly shows the two Torrey Pine trees were planted as part of a landscaping plan.”
Councilmember Luke Shaffer expressed concerns about the city’s capacity to handle additional development given recent regional emergencies, including the wildfires consuming the Los Angeles area, and asked if there was any legal course to delay the project.
“If we don’t stop and take a deep breath and make a real assessment of ourselves, when do we do it? After somebody dies? My personal opinion is we delay until we have all of the research back from our staff, with time to actually register it, and then we make adjustments,” Shaffer said.
The Camino Apartments project will proceed, pending standard permitting and construction processes.
CORRECTION: The original version of this article incorrectly stated that the council had denied the appeal. Since the resolution had fewer than three votes, no action was taken, effectively rejecting the appeal by reverting to the Planning Commission’s project approval.
