‘Under protest, duress’: Encinitas reluctantly advances Quail Meadows

ENCINITAS — In one of the more consequential meetings in recent history, the Encinitas City Council reluctantly voted to deny a pair of appeals to advance the controversial Quail Meadows Apartments project after hours of heated public testimony and tense deliberations.

In a 3-1 vote, the council upheld the Planning Commission’s approval of a 448-unit development on Quail Gardens Drive, which includes 90 affordable units, after denying two appeals by local groups Supporters Alliance for Environmental Responsibility (SAFER) and Encinitas Citizens for Responsible Development.

Mayor Bruce Ehlers called the decision a “Sophie’s choice” forced upon the city due to threats of litigation from developer Baldwin & Sons and the California Department of Housing and Community Development (HCD).

In his motion, Ehlers included language emphasizing that the council’s effective approval of the project was made “under protest and duress,” driven by legally questionable state policies that have stripped local discretion over housing projects.

“Our discretion has been usurped, possibly illegally, by the state through the forcing of unfunded mandates and threats of greater harm,” Ehlers said. “A ‘Sophie’s choice’ is not a choice.”

In a legal memo, Barbara Kautz, a land use attorney with Goldfarb Lipman who regularly consults the city on housing matters, said the council had no realistic option to reject the project without exposing the city to lawsuits from the developer, Baldwin & Sons, and the California Department of Housing and Community Development (HCD).

Kautz further noted that the state could also revoke the city’s certified Housing Element, triggering Builder’s Remedy, a provision allowing developers to bypass local zoning laws and build high-density projects of up to 160 units per acre in any part of the city, including in low-density residential areas.

Initially, the council was deadlocked 2-2, with Deputy Mayor Joy Lyndes recused from the proceedings. Ehlers urged a revote, explaining that a tie would still result in the project’s approval but without the inclusion of legal language needed for future challenges.

“This is an approval, too — a 2-2 tie,” Ehlers said. “If we agree that we’re at an impasse, we lose the statement in the motion that we could use for future legal action.”

Councilmember Luke Shaffer switched his vote to “yes” during the second round, ensuring the council’s motion could include language to contest the state’s housing policies. Councilmember Marco San Antonio supported the project both times, while Councilmember Jim O’Hara maintained his opposition, twice casting dissenting votes.

Craig Shaffer, an attorney representing Encinitas Citizens for Responsible Development (ECRD), confirmed an appeal would be filed with the California Coastal Commission, citing alleged violations of the California Coastal Act and the city’s Local Coastal Program.

“I think we can win at the Coastal Commission,” Ehlers said.

The council’s decision came after nearly five hours of public testimony, with residents packing the chambers and holding signs opposing the project. Emotions ran high as dozens of speakers expressed concerns about the project’s size, traffic impacts, environmental risks and potential to alter the community’s character.

“This is a massive urbanization effort that doesn’t fit with the fabric of our community,” one resident said.

Opponents also raised environmental concerns, particularly regarding flooding risks and the project’s impact on local wetlands. Others nearby residents have criticized the developer’s drainage plan, calling it insufficient for stormwater management.

However, supporters, including affordable housing advocates and Baldwin & Sons, argued the project was essential for meeting the city’s state-mandated housing requirements and ensuring a mix of housing options.

Quail Meadows Apartments has undergone significant revisions since it was first proposed in 2022. The project, located on a 12-acre site at 185-225 Quail Gardens Drive, originally included 485 units. In response to community feedback, the developer reduced the total number of units to 448 and increased affordable units from 72 to 90, representing 25% of the project’s base density.

To address neighborhood concerns, Baldwin & Sons also lowered the building height from six stories to four and added 749 parking spaces — exceeding state minimum requirements. A new roundabout at Kristen Court is planned to help manage traffic flow.

Despite these changes, many residents remained unsatisfied. Opponents continued to question the adequacy of stormwater infrastructure, pointing to Baldwin & Sons’ history of violations. In 2022, the San Diego Regional Water Quality Control Board fined the developer $6 million for releasing 6.3 million gallons of untreated stormwater at an Orange County project site.

Nick Lee, COO of Baldwin & Sons, previously defended the drainage improvements, explaining that the project includes a new 7-by-12-foot box culvert to handle larger storms, ensuring a safer and more reliable drainage system than what currently exists.

“You’re going to have a better drainage situation after this project is here than there is today,” Lee said last October.

While the council’s decision allows the project to move forward, the battle appears far from over. If filed, the California Coastal Commission will review the appeal, focusing on environmental issues, including the protection of wetlands and local habitats.

Ehlers encouraged the city to continue fighting state-imposed mandates in collaboration with other municipalities facing similar pressures.

“We need to start pushing back as a group, not as a single city,” Ehlers said. “We need to find other cities that are willing to look at what we’re doing here tonight, who have similar arguments.”