Among the many misrepresentations repeated by City staff and Council, possibly the worst is their claim that “…the Initiative will amend components of the City’s Local Coastal Plan. These provisions must be certified by the California Coastal Commission before they can go into effect in the coastal zone, which is approximately 2/3 of the City. This creates two different zoning regulations in the City during the lengthy Commission review process or is there any clear answer as to what the impacts would be, if the Coastal Commission does not approve the changes. All of this uncertainty opens the door for legal challenges.”
It’s interesting to note that repeated requests to the City to furnish proof of this claim have gone unanswered. Even more interesting to take note of is this statement from Sara Wan, former Chair of the Coastal Commission, completely negating the city's position:
“Based on my 15 years as a Coastal Commissioner, and twice its Chair, there is no basis for the claim that the Coastal Commission will need to certify or delay the effective date of Proposition A.
The Proposition is concerned primarily with how future changes to zoning are made and capping building heights and clarifying how building height is measured. None of these would trigger Commission review. Choosing to lower height and be more restrictive than what is currently allowed is not inconsistent with current Encinitas Local Coastal Plan.
The balance of the Proposition merely sets out a process for who and how future zoning changes are approved, requiring public votes and increasing notification requirements. I am not aware of any case law requiring Commission review. More importantly, in my over 30 years of affiliation with the Commission I cannot recall a single case where a Proposition was ever brought to the Commission for review.
Changes to a General Plan approved by voters that require a zoning change would not trigger review of the Proposition and would only trigger the need for a Local Coastal Plan Amendment if and only if a specific zoning change were approved by the voters that was less restrictive than what the current Plan allows. “ - Sara Wan Former Chair California Coastal Commission
The Coastal Commission whopper is just one among many. Visit www.EncinitasRightToVote.com, to read the false/fact sheet, arguments, and initiative itself – then decide. Bottom line: if you want a voice that guarantees you a final say on major upzoning in Encinitas, vote Yes on A!
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