ENCINITAS — The Encinitas City Council voted unanimously Wednesday night to direct city staff to update local zoning regulations to align with California’s expanded density bonus law, despite concerns about the growing scale of development allowed under state mandates.
The council voted unanimously, with Councilmember Kellie Hinze absent, to begin amending the city’s zoning code and local coastal program to reflect changes in state law. The updates will address parking, accessory dwelling units, and the state’s new density bonus law, which permits additional building incentives for developers who include affordable housing units.
“The city had been slow in adopting state density bonus laws, and it’s one of the things that got us into trouble in the early 2010s,” Mayor Tony Kranz said during the meeting. “We can choose not to adopt (this resolution), but that doesn’t stop projects from coming in under these laws. And the responsible way to deal with these state laws is to make sure that our staff are operating under local ordinances that adopt the provisions available to developers under state law.”
The council’s decision comes as the city works to maintain compliance with its housing element, a state-mandated plan that sets goals for providing affordable housing.
The resolution also called for compliance with Assembly Bill 1287, signed into law in 2023, which allows developers to request a second density bonus if a certain percentage of affordable housing units are included in the project.
Under AB 1287, which went into effect in January, developers can increase a project’s density by 20% to 50%, depending on the number of affordable units, and seek concessions such as height increases of up to three stories or 33 feet near major transit hubs.
Councilmember Bruce Ehlers, who is running for mayor, expressed frustration with what he called “state overreach,” noting that density bonus levels had already increased from 25% to 50% in recent years. He warned that the new law could lead to significant expansions in development size.
“So, I support having to make the changes in our code, but I’m not happy about it,” he said. “I oppose it, and I think we need to do other things to oppose it statewide.”
Deputy Mayor Allison Blackwell stressed that failure to update the city’s zoning regulations could jeopardize the city’s compliance with its state-mandated housing element, which sets goals for providing affordable housing.
“If we did nothing, we’d fall out of compliance with our housing element, and it wouldn’t stop developers from availing themselves of those state laws,” Blackwell said.
City staff will now begin drafting amendments to the zoning regulations, with final approval expected after further public hearings.
Housing Services Manager Melinda Dacey clarified that the provisions discussed were not being adopted immediately but would go through the proper review process, including planning commission input.
Several residents voiced their opposition to the changes during public comment, urging the council to resist state mandates. Leucadia resident Rachel Graves called on the council to fight for local control.
“You have an option tonight,” Graves said. “Stop saying your hands are tied and stand up for our community.”
While acknowledging residents’ frustrations, council members said their decision was about maintaining legal compliance, not endorsement of the changes.
“I don’t think any of us up here are happy to do this,” Blackwell said. “But in reality, it doesn’t matter if we don’t do it; it’s still the state law, and I think we should show that respect for the law and make sure our code is consistent with it to keep our housing element in compliance.”
3 comments
Rolling over and submitting to the bureacrats in Sacramento who have made a mess of state-wide laws, and particularly “state housing laws”, is no longer an option. The only option is to vote them out of office to stop the one-party rule bloodbath in California, re-balance the power of the current legislature, and cancel bad laws, as we stand with other cities saying “NO” to ruinous laws. Passing bad laws, signed in to law by Newsom, that abolish single-family zoning and decimate community character with over-building and under-parking, high density developments, “bonus density”, “no net loss” and the likes… must stop with cities pushing back, taking back local control.
Current Mayoral and City Council members who practice and adhere to “party compliance”, ignore the outcomes of their actions, and cease working for the voters/residents, are not deserving of a vote.
Not mentioned are the efforts of CatalystsCA.org, OurNeighborhoodVoices.com, LivableCalifornia.org, and similar organizations which are trying to unite a critical mass of cities to challenge the constitutionality of the state’s overreach on what has always been, and should be, local zoning and land use decisions. Encinitas needs to work with numerous other cities up and down the state to put Sacramento and the WIYBY (Wall $treet In Your Back Yard) movement back in its place.
Elections count! Pay attention to state senate and assembly races, whether in your own district or not, and endorse candidates who are willing to stand up for our established residential neighborhoods.
Surprised Bruce Ehlers voted for this. Del Mar is standing up to the radical element in Sacramento driving these mandates. Search on “Del Mar Housing Project Offers Key Test of Untested State Housing Law”. Note it says untested, which means the Encinitas city council is just rolling over. Thanks city council, and of course lets not forget Blakespear, for ruining Encinitas. 30 year resident.