County Won’t Suspend Decisions on Encinitas

Troubled by lingering legal questions, the county Board of Supervisors on Wednesday rejected a request that they suspend all key land-use decisions in Encinitas until the newly elected City Council takes over the reins of government on Oct. 1.

The board did, however, agree to consider deferring action on controversial land-use issues in the new municipality on a case-by-case basis. And one supervisor, Leon Williams, assured its leaders that “we don’t want to hurt the City of Encinitas.”

The city’s mayor-elect, Marjorie Gaines, had asked the board to adopt a policy delaying decisions on so-called discretionary land-use matters--such as zoning changes, major use permits and general plan amendments--that affect Encinitas.

Gaines also requested that supervisors direct the county Planning Commission and the Board of Planning and Zoning Appeals to similarly postpone action on controversial land-use matters, leaving them for the city to resolve once home rule is formally established.

Michael Pines, an attorney representing Encinitas, argued that it was “only fair” that the City Council be allowed to make decisions on developments that are likely to affect the community. In June, about 69% of the voters--many of them fed up with the lenient land-use policies of the county--supported the merging of Olivenhain, Cardiff, Encinitas and Leucadia into a single city of 44,000 inhabitants.

Pines also noted that it “makes good sense” to defer action on land-use matters because local officials may seek to overturn any objectionable decisions by the board once they are sworn in.

“Why should you waste your time hearing and evaluating things that may be changed after (Encinitas officially becomes a city) Oct. 1?” Pines said. “Deferring to the council would make for a much more orderly transition.”

Supervisors, however, appeared concerned that a blanket policy forcing developers to wait as long as two months for a city hearing on their projects could get the county into legal trouble. And, heeding the advice of their counsel, board members decided they were not empowered to require such a policy of the planning commission and zoning appeals board.

Instead, supervisors voted unanimously to review the land-use matters in question on a case-by-case basis as they come before the board, and to consider in each instance the new city’s request that a decision be deferred.

Board members also agreed to ask that the planning commission and appeals board take a similar approach. And, on a request from Supervisor Susan Golding, members directed their planning staff to prepare a policy defining the county’s approach to land-use matters during interim periods preceding a city’s official incorporation.

“(Encinitas) will probably not be the last incorporation in the County of San Diego,” Golding said, “so I would urge our staff to come up with a policy to cover this transition period. We need some consistency in our approach.”

After the meeting, Encinitas Councilman Gerald Steel characterized the board’s action as “an 80% victory” for the new North County city.

“I’m hopeful that when these matters come before them, the supervisors will heed our request and delay action,” Steel said. “The downside of this outcome is that we’ll have to send someone down to represent our position at every hearing. But I think Golding and Williams, at least, have showed willingness to work with the city and continue the controversial items.”

According to the county Department of Planning and Land Use, there are about five land-use actions likely to come before the board before October, and another dozen or so that could reach the supervisors on appeal.

The board’s action Wednesday comes two months after supervisors refused a somewhat similar request from Solana Beach, which formally became a city July 1. Leaders from that coastal community requested a blanket moratorium on building and grading permits until cityhood took effect.

Solana Beach officials argued, like their counterparts to the north, that developers were racing to obtain approval of their projects before the new City Council took office.