ENCINITAS — The Encinitas City Council on Wednesday unanimously denied an appeal challenging a permit extension request for the 199-unit Clark Avenue Apartments project.
The project developer, Western National Properties, will build 199 rental units throughout 15 buildings in the 600 block of Clark Avenue and 500 block of Union Street. Twenty percent (40 units) of the units will be dedicated to low-income housing.
The council affirmed the city’s Director of Development Services Kerry Kusiak’s prior approval of the developer’s request for a one-year extension, extending the project’s expiration date to Sept. 14, 2025.
Cindy Cremona, representing the Clark Development Action Group, highlighted issues regarding the notification process for the permit renewal. Cremona said approximately 50 affidavits from residents within a 500-foot radius of the project state that they were not properly notified of the extension request.
“Residents were not given adequate time to respond,” Cremona said in the meeting. “Those who were notified received minimal information on the notice itself, including the expected date of the decision and how to find the decision.”
Senior Planner Christina Bustamante said the project was initially approved on Sept. 14, 2022, and has been pursued actively by the developer, with grading and building permit applications in progress.
However, Bustamante said since construction permits had not been issued before the initial expiration, the developer filed for a time extension, which was approved to extend the expiration to Sept. 14, 2025.
“The public noticing was provided in accordance with the Encinitas Municipal Code, and notices were mailed to owners and occupants within a 500-foot radius,” Bustamante said during her comments. “There has been no evidence or information provided to support the appellant’s claim [the notices weren’t sent out].”
Bustamante said this request was the first extension and did not involve any changes to the original project scope or conditions.
In addition, Cremona raised safety and access concerns, stating that Union and Clark streets do not meet the standards for unencumbered access needed for emergency vehicles, presenting a notable safety risk.
“We also have significant safety and access concerns,” Cremona said. “We’d like to see the fire department and/or the fire marshal’s documentation and reports that state that Union and Clark are within code.”
Regarding the appellant’s claim about the project’s compliance with fire and building codes, Bustamante affirmed that the Encinitas Fire Department had reviewed the project and found it met all necessary fire codes.
Bustamante highlighted that no new evidence or changes in city policy or conditions had emerged since the project’s initial approval to warrant additional analysis.
Several residents spoke up at the meeting, expressing similar sentiments as Cremona, but despite calls for further review, the council unanimously adopted a motion to uphold the original extension approval, citing the binding nature of state housing laws.
“This is just so indicative of the city’s consistent disregard of the residents in favor of developers,” Cremona said. “It’s very frustrating.”
Last year, neighbors of the Clark Avenue Apartments site complained to the city and local law enforcement about squatters, fires and other safety issues on the vacant property.
Cristina Vega, who lived next door, described the property as messy and cluttered with random debris, including trash, gas cans and dead vegetation. Vega also said several groups of squatters and other homeless individuals have trespassed onto the property and caused panic in the community by starting fires and engaging in other unsafe activities.
