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November 6, 2018 — Elección General de California
Local

City of Encinitas
Measure U - Majority Approval Required

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Resultados electorales

No se aprueba

14,120 votos si (47.1%)

15,882 votos no (52.9%)

100% de distritos activos (57/57).

33,650 boletas electorales serán contadas.

General Plan Amendment
— undefined

Shall the voters adopt the Housing Plan Update 2018 to amend the General Plan, Specific Plans, Zoning Code, Zoning Map, and Local Coastal Program to identify sites for new housing and change zoning standards for those sites?

¿Qué es esta propuesta?

Pros y Contras — Explicación objetiva con argumentos a favor y en contra

Fuente: League of Women Voters North County San Diego

La pregunta

Should the City of Encinitas adopt the Housing Plan Update 2018 by amending the General Plan and zoning codes to identify sites for new housing?

La situación

The Encinitas City Council in a 3-2 vote adopted a modified plan drafted by a subcommittee to bring the City into compliance with State housing law and encourage the production of more affordable housing. Measure U comes to the ballot because the City’s Proposition A, passed by voters in 2013, requires voter approval for certain zoning law changes and imposes a citywide building height limit of 30 feet.

The housing element requirement is a regional process whereby cities include a fair proportion of the region’s housing needs in their general plans with a mix of housing affordable for all income groups. California’s Department of Housing and Community Development (HCD) enforces the State’s Housing Element law. Failure to enact a compliant housing element plan can lead to referral to the State Attorney General for action.

Since 2012 the City has seen 66 affordable units built compared with the 1,286 units required to be produced under State law. Encinitas is the only city in San Diego County without a currently enacted Housing Element Plan and faces three lawsuits due to the lack of a compliant Plan. A superior court judge has stayed the court’s ruling on those cases pending the outcome of the Measure U vote.

La propuesta

Measure U would change the City’s General Plan by repealing the 1992 Housing Element and adopt the 2013-2021 Housing Element. The Encinitas Housing Plan Update 2018 would:

  • Create a new zoning overlay district and amend specific plans in which sites can be developed at an increased density (25 to 30 dwelling units per net acre) with three-story buildings.
  • Amend the zoning code to define development standards for the new overlay district.
  • Amend the General Plan to change the zoning designation of one parcel (Site L7) from Rural Residential 1 (RR1) to Residential 3 (R3).

Efectos fiscales

The City anticipates no direct fiscal impact associated with the Housing Element Update Plan. As of May 2018, the City’s defense of four lawsuits involving the Housing Element and appropriate zoning has cost the City approximately $918,000.

Sus partidarios dicen

  • This Plan accommodates an additional 1,504 homes in Encinitas and complies with state law.
  • The Plan was developed in public, with significant community involvement. It preserves Encinitas’ residents right to vote under Prop A.
  • A YES vote does not approve any specific project, as all projects remain subject to public review.

Sus oponentes dicen

  • A City-owned site was removed from this Plan, leaving it open for up-zoning but does not contribute to the state affordability requirement.
  • Affordable units not built will be added to the next Housing Element Update cycle, meaning more up-zoning without a vote of the people.
  • Measure U eliminates local control.

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

A “yes” vote is in favor of approving the new housing element and the other changes described above.

Un voto por el NO significa

A “no” vote is against approval.

Análisis del analista legislativo / Proposal

City Attorney, City of Encinitas

CITY ATTORNEY IMPARTIAL ANALYSIS OF MEASURE U

The State of California requires that all cities, as part of their General Plans, prepare and periodically update a legally adequate Housing Element and implement its programs. This Measure, also known as the Encinitas Housing Plan Update 2018, would adopt a revised 2013- 2021 Housing Element for the City of Encinitas.

Specifically, the Measure would do the following:

  • Repeal the existing 1992 Housing Element and adopt the 2013-2021 Housing Element, which analyzes the City’s current and anticipated housing needs and sets out policies describing how these housing needs may be met;

  • Amend the General Plan Land Use Element, Zoning Code, Zoning Map, and Local Coastal Program to create a new zoning overlay district in which sites can be developed at an increased density (25 to 30 dwelling units per net acre) with three-story buildings;

  • Amend the zoning code to define development standards for the new overlay district, including required setbacks, maximum average unit sizes, new height limits, and other aesthetic and design standards;

  • Amend the North 101 Corridor Specific Plan, Downtown Encinitas Specific Plan, and Encinitas Ranch Specific Plan to designate specific sites that can be developed at an increased density (25 to 30 dwelling units per net acre) with three-story buildings; and

  • Amend the General Plan Land Use Element, Zoning Code, Zoning Map, and Local Coastal Program to change the zoning designation of one parcel, “Site L7” (APN 257- 011-17-00), from Rural Residential 1 (RR1) to Residential 3 (R3).

A “yes” vote is in favor of approving the new housing element and the other changes described above. A “no” vote is against approval. Approval requires a majority of the votes cast.

The Measure has been placed on the ballot by the Encinitas City Council pursuant to Proposition A (now a part of the Encinitas Municipal Code Chapter 30.00). Proposition A states that “Major Amendments” to the City’s land use planning policy documents must be approved by the City Council and may only take effect if approved by City voters. Portions of the Housing Plan Update 2018 consist of Major Amendments (e.g., increases to residential density and building height). These Major Amendments have been approved by the City Council but require voter approval to take effect. The Measure also includes “Regular Amendments” that do not require voter approval pursuant to Proposition A.

The above statement is an impartial analysis of the Measure. If you would like a copy of the Measure and related documents for more information, please visit http://www.ci.encinitas.ca.us/Housing-Plan-Update-2018 or contact the City’ Clerk’s office at (760) 633-2601 or clerk@encinitasca.gov.

Glenn Sabine
City Attorney
City of Encinitas

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

ARGUMENT IN FAVOR OF MEASURE U

Vote YES on the Housing Plan Update 2018.

This housing plan will provide opportunities for more attainable housing in Encinitas.

Many people who work in Encinitas are not able to afford to live here. This new housing will provide homes for our young families, seniors, newly graduated professionals, students, service workers, firefighters, teachers and healthcare workers.

Also, these homes are for you as you move through the stages of life and for your adult children who currently cannot afford to live here.

Under state law, every city is required to plan for housing that is affordable for all income levels. This Housing Plan Update 2018 will put us into compliance with state law and contribute to solving the housing shortage.

This plan was developed in public, with significant community involvement. While not everyone will agree with every aspect of this plan, this is our city’s best effort to provide a proposal for the community’s consideration.

This plan accommodates an additional 1,504 homes in Encinitas, adding about six percent to the more than 25,000 homes that we have here. This plan is a streamlined, narrowly drafted and straightforward proposal that complies with state law.

The proposed sites for new housing are distributed throughout our city.

A YES vote places our city on the path to end the housing lawsuits that have cost taxpayers more than $1 million in our multi-year struggle to adopt a housing plan. With passage, our city will then comply with state law and again be eligible for regional sales tax funding grants to reduce traffic congestion and improve our roads.

A YES vote does not approve any specific project, as all projects remain subject to public review.

A YES vote allows Encinitas to maintain its local land use control and your right to vote on upzoning.

Please vote YES on the Housing Plan Update 2018.

Catherine Blakespear
Encinitas Mayor

Mark Muir
City Councilmember

Joe Mosca
Encinitas Deputy Mayor

Tony Kranz
City Councilmember

Kurt Groseclose
Housing Element Task Force Member

— San Diego County Registrar of Voters

Argumento EN CONTRA

ARGUMENT AGAINST MEASURE U 

VOTE ON THIS MEASURE: GOOD FOR DEVELOPERS, BAD FOR RESIDENTS

This measure will create up to 2,030 units with density bonus – only 305 affordable (15%). 

NULLIFIES PROP A by removing your vote on all future housing element updates. 

TRAFFIC CONGESTION increases are inevitable with up to 20,000 additional daily car trips, and PARKING will be even more challenging. 

BUILDING HEIGHT increases from the current 30-foot limit to 37 feet PLUS 5 feet for rooftop equipment. 

AFFORDABLE UNITS not built will be added to the next Housing Element Update cycle, which will put the City on a perpetual treadmill of upzoning, but without a vote of the people. 

DEVELOPER INPUT incorporated into the plan was taken at unnoticed meetings not attended by the public, resulting in new design standards favorable to the builder not required by the state housing authority, and the last-minute addition of controversial properties on Piraeus, Clark, and Union streets. 

REMOVAL OF L7 site, City-owned and available for 100% affordable housing, caused a severe public split and even the City Council to disagree about its elimination. The state objected to its removal in a letter to the City.  The L7 site will be upzoned in this measure to triple the site’s density yet will not contribute to satisfying state affordability requirements. 

DEVELOPER LAWSUITS, despite dire predictions, have an uncertain outcome. The judge could stop the issuance of building permits until a plan is passed, impose a plan, or allow us another attempt to pass a plan. 

REGIONAL GRANTS are competitive to obtain and not guaranteed. SANDAG is under severe financial restrictions and grant money may not be available. 

PRESERVE PROP A TO RETAIN LOCAL CONTROL. SAVE OUR CITY FROM OVERDEVELOPMENT WITH MINIMAL AFFORDABLE HOUSING. 

VOTE NO ON THIS MEASURE. 

Pamela Slater Price
Former Mayor of Encinitas and
San Diego County Supervisor 1992-2013

Gerald W. Sodomka
Floriculturist

Peter C. Stern
Ret. Attorney

Silvia Pezzoli
Teacher in Encinitas

Ian Thompson
Business Executive

— San Diego County Registrar of Voters

Refutación al argumento A FAVOR

REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE U

VOTE NO ON MEASURE U: REJECT THIS DEFECTIVE PLAN

Don’t be fooled by the City’s claims. The process leading to Measure U lacked candor and transparency. 

The City continually states that Prop. A acts as a “constraint.” Measure U states: “Assuming that this Housing Element is approved in November 2018, the City will take actions to ensure that future Housing Elements can be adopted in a timely fashion and that requirements for a vote of the people do not constrain the City’s compliance with State law.” What are these “actions?” This implies that the Prop. A Right to Vote is eliminated.

Under Measure U, the method of measuring height allows the builder to increase the pad height from the original grade, which results in even taller buildings than allowed under Prop. A. 

Measure U is so flawed, one councilmember voted NO and refused to sign it. 

Mayor Blakespear claimed: “We heard that you don’t want R30 to be $1M condos, because that’s not what we really need.” Yet 85% of Measure U units will be those million-dollar condos, NOT the State-required affordable housing.

The judge recently reconfirmed that there is significant case law supporting the people’s right to vote. He made no threats against the City if Measure U fails – in contrast to the City’s scare tactics of dire consequences.

Measure U eliminates local control. It eliminates Prop. A protections. Imagine what the City would do without Prop. A Right to Vote protections?

VOTE NO AND REJECT MEASURE U. 

Josh Hambarian
Realtor, Resident of Avocado Acres

Denise M. Martin
School Teacher, New Encinitas Resident

Fred Caldwell
Hwy 101 Business & Property Owner

Susan Turney
Communications Professional

Sheila S. Cameron
Former Mayor of Encinitas

— San Diego County Registrar of Voters

Refutación al argumento EN CONTRA

REBUTTAL TO ARGUMENT AGAINST MEASURE U

Let’s go back to the facts.

State housing laws require Encinitas to zone for higher densities that we currently have. (www.hcd.ca.gov)

Measure U preserves your right to vote under PROP A. In fact, passage of this plan is the best way to keep a judge from nullifying that right. At a trial court hearing in April, the judge gave us another change to vote for a plan that complies with state housing laws. 

This plan had input from many perspectives; most importantly from the people who live here. We heard your concerns about the previous housing plan, and have lowered the maximum height and decreased that total number of units, while still complying with state law. 

If passed, this plan would provide significantly more affordable units than we currently have. These smaller housing units will be for rent or sale at prices that new teachers, firefighters, nurses, police officers and retired seniors can afford. 

New projects will be required to help pay for long-overdue road improvements. Most of the parcels in this plan are located near major roads and public transit. 

VOTING YES ON THIS PLAN is your change to stop spending millions of dollars defending lawsuits with an uncertain outcome. 

Voting YES allows Encinitas to control our own land use and protects our cherished community character. 

Vote YES on Measure U. 

Catherine Blakespear
Encinitas Mayor

Tony Kranz
City Councilmember

Mark Muir
City Councilmember

Joe Mosca
Encinitas Deputy Mayor

Kurt Groseclose
H E Task Force Member

— San Diego County Registrar of Voters

Leer la legislación propuesta

Legislación propuesta

Due to the size of the full text of this measure you will be mailed a separate, SUPPLEMENTAL pamphlet which will contain the: full text of Measure U, also including the Ballot Question, Impartial Analysis, Argument in Favor, Argument Against, and Rebuttals. You may also view the full text of the measure at http://sdvote.com. --Quoted from the version of the sample ballot for voters in the City of Encinitas

 

[Full text link: 

https://encinitasca.gov/Portals/0/City%20Documents/Documents/Development%20Services/Planning/Advanced%20Planning/Housing%20Plan%20Update%202018/Ballot%20Measure%20U%2C%20Full%20Text.pdf ]

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The text of other information about this measure, including official arguments, was entered into Voter's Edge on 10/13/2018 by a League of Women Voters volunteer, using a PDF version of this sample ballot prepared by the San Diego County Registrar of Voters: https://www2.sdcounty.ca.gov/rov/Sample_Ballots/Eng/SB-ENG-260.pdf

To find your own sample ballot version, containing all the candidates and measures on your own ballot, please use the ROV's sample ballot look-up tool at https://www2.sdcounty.ca.gov/rov/Eng/ballot.asp .

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¿Quién está a favor y en contra de esta iniciativa de ley?

Sí por Measure U

Organizaciónes (2)

Funcionarios electos y designados (0)
No por Measure U
Organizaciónes (0)
Funcionarios electos y designados (0)

Más información

Noticias (1)

Proponent, opponent face off on Encinitas housing measure — September 17, 2018 San Diego Union-Tribune
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