Encinitas Right to Vote Initiative

Prop A Passed.
Thank you to all the supporters that made this community effort a reality


This site will be under construction for the next week or so to provide our viewers the most accurate post-election updates.

Ian Thompson Robocall Supporting PROP A:


Pam  Slater-Price Robocall Supporting PROP A:



  • 05/27/13: The Encinitas Taxpayer Association endorses PROP A

  • 05/26/13:  Former Coastal Commission Chair debunks council claim about Prop A threatening city will be bifurcated

  • 05/24/13; Latest News: Former Mayor and District 3 County Supervisor Pam Slater-Price supports the Yes on Prop A                         campaign.

Extract from the Rutan & Tucker report presented to city council:

“If passed, the voter approval requirements, extended public notice requirements and absolute height limit would accomplish the goal of voter control, and facilitate the maintenance of community character in Encinitas.”



Vote YES to give you the right to decide on

increased density and building heights!



  • Because you – not they – will decide to increase density and height beyond current zoning
  • Because residents – not developers will decide what is best for our communities and city
  • Because preserving Encinitas’ quality of life and community character is less profitable for developers and City coffers

Encinitas is YOUR city – Vote YES on Prop A

Special Election June 18 – Absentee Ballots May 18




Vote YES to guarantee residents decide how best to preserve and protect Encinitas

Prop A DOES:

  • Does guarantee residents the final say on major zoning increases in density and building height
  • Does uphold the Encinitas General Plan’s 30-foot/2-story height limit
  • Does help curb increased traffic and pollution
  • Does protect community character
  • Does keep growth compatible with our infrastructure: water, sewage, fire, beach use, etc.


Don’t be fooled – Prop A does NOT:

  • Does NOT override the Municipal Code that enforces lower height limits in residential zones and for accessory units
  • Does NOT infringe on existing property rights
  • Does NOT affect development harmonious with existing zoning
  • Does NOT prevent compliance with state mandates
  • Does NOT allow 30-foot accessory units 5 feet from your property line


Encinitas belongs to the voters, not the developers!

Vote YES to keep your right to decide major zoning and height increases


Special Election June 18 – Absentee Ballots May 18


Let’s start with Section 7.10 of the Land Use Element of the current General Plan: Goal 7, Policy 7.10: Building Heights

POLICY 7:10: Both residential and non-residential development shall be limited to a maximum height of two stories and 30 feet. Limited exceptions for non-residential development may be allowed, but only for designated specific sites as developed and adopted through area specific plans. Exceptions may also be made for Medical Complex development projects at the discretion of the City pursuant to conditional use permit applications as provided by the Zoning Code, to allow building heights up to a maximum height of three stories. An exception is also authorized for a public high school with a minimum 10 acre site.

There is already an existing, city-wide height maximum of 30 feet or two stories in the General Plan!  All the initiative does is reaffirm this and require a public vote to change this provision.

The Municipal Code is subordinate to the General Plan and the Municipal Code can set building heights that are lower, such as the 22-foot and 26-foot limits in certain areas and under certain zoning. Here are the lower residential limits set in the current Municipal Code and they are lower than the maximum set in the General Plan that we have today:

6. The following standards shall apply to building height limits for residential buildings (Ord. 2003-10).

a. The standard height limit for residential buildings shall be the lesser of two stories or the following height, all as measured to the top of a flat roof (or in the case of a pitched roof to the top of the roof immediately above the exterior plane of the wall below, including roofing material):

  • 26 ft. – RR to RR-1 zones citywide, RR through RR-2 in the Olivenhain Community.
  • 22 ft. – RR-2 (except Olivenhain Community) and higher zones, and substandard lots in the Olivenhain Community.

This maximum is typical of general plans. The Proposition A (Encinitas Right to Vote – “RTV”) uses the same structure to make it easy to match up with the current General Plan. This makes the intent of Prop A’s consequences transparent and clear.

Nothing is going to change on residential height limits under Prop A. The only change here is voters will be in 100% control of residential height increases. The way the RTV was written was intentional: it puts you in control.

Here is what is in Proposition A that results in an identical interpretation to the current General Plan:


6.1. Maximum Height. On and after the date this initiative measure becomes effective no building or structure shall exceed a maximum height of two stories or 30 feet. Height shall be measured from the lower of the natural or finished grade adjacent to the structure, to the highest portion of the roof immediately above. 6.2. Exemptions to Height Limit. The following structures are exempted from this height limit: Medical Complex development projects and specified buildings associated with a public high school on a minimum 10 acre site, as currently provided in Section 30.28.010(C) and (D) of the Encinitas Zoning Code.

As with the current General Plan, the Municipal Code can’t set a higher height limit because that puts it in conflict with the General Plan. The Municipal Code can and does set lower limits. We have those in the code today.

Over the years the Planning Department and Planning Commission have not allowed these lower limits in the Municipal Code to be exceeded, even though the General Plan already has the higher 30-foot limit.  The 30-foot limit has always been interpreted as a maximum, but that it can be lower for specified areas.

Because the initiative language is just like the current general plan, we will have these same lower limits after the Right to Vote passes in June. For more information: www.EncinitasRightToVote.com.

Vote YES on Proposition A!

The ballot initiative to protect community character and protect Encinitas from future intrusive developments that will compromise our quality of life.

What is the Encinitas Right-To-Vote (ERV) about?

INITIATIVE SUMMARY: This proposed initiative, to be known as the Encinitas Right to Vote Amendment, would amend the Encinitas General Plan and Zoning Code to require voter approval, by a majority vote of the electorate, for a Major Amendment to a planning Policy Document. The Phrase “Planning Policy Document” is defined to mean the Land Use Element of the Encinitas General Plan, Land Use Policy Maps of the Encinitas General Plan, Encinitas Zoning Code, Zoning Map of the City of Encinitas, any specific plan or development agreement.

The term “Major Amendment” is defined as any amendment that: 

* increases the number of permitted dwelling units on a residential lot;

 * increases the number of separate parcels that may be created from an existing parcel; 

* changes zone type for a parcel from Agricultural, Public/Semi-Public, Ecological Resource/Open     

  Space/Parks or Open Space to a different zone type;

 * changes zone type for a parcel from a non-mixed-use zone to a mixed-use type zone, in certain 


* changes a parcel from any residential land use to any non-residential land use; 

* increases the allowed maximum height of development or how height is measured; 

* increases the maximum allowable commercial or retail square footage for a parcel;

 * repeals any Planning Policy Document.

A “Regular Amendment” is defined to include any amendment to a Planning Policy Document that is not a Major Amendment. The initiative imposes a citywide height limit of two stories or 30 feet for all buildings and structures, except for Medical Complex development projects and specified buildings with a public high school on a minimum 10-acre site. The initiative requires Major and Regular Amendments to Planning Policy Documents to be adopted by ordinance after a public hearing before the Planning Commission and the City Council. The initiative imposes more stringent noticing requirements than otherwise required by state law. Public hearing notices would be required to be sent 20 days (versus 10 days under state law) prior to the public hearing to the record owner and the occupant of each parcel of land (occupant notice not required under State law) that is located within 500 feet (versus 300 feet under State law) from the boundaries of the parcel of land that is the subject of the Major Amendment.

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