“The law” & Prop A

Every city must comply with state law have a state-approved Housing Element Update (HEU). Encinitas city had not passed a compliant HEU in years.

Voters rejected HEU Measures T (2016) and U (2018). The council blamed Prop A for these rejections and went to court to invalidate Prop A. The council’s claim that the invalidation would apply “only” to HEUs is a red herring, as these plans represent 100% of all upzoning since Prop A went into effect in 2013.

In practice, residents would never again vote on a high-density HEU project.

The council blames Prop A for the failures of HEU Measures T and U to pass. But those who voted against the measures rejected the plans because they saw these measures as gifts to developers not required by state law:

• too-low percentage of affordable housing
• Prop A nullification clauses
• taller building heights
• insufficient onsite parking
• decreased setbacks

The council claims that it negotiated Measures T and U with the state – yet refused to keep a paper trail of these negotiations.

The council claims that it included resident input in creating Measures T and U – yet none of this input was evident in either plan.

The council’s plans, not Prop A, are the problem.