Encinitas council reverses surplus finding for 634 Quail Gardens Drive, designates L7 as park using existing zoning

The Encinitas City Council voted unanimously to repeal a 2023 finding that declared 634 Quail Gardens Drive (known in council materials as "L7") surplus and to preserve the site for park use under existing zoning rules.

The action restores the property's park status and directs staff to record deed restrictions limiting the property to park purposes, start a public design process, and explore a memorandum of understanding with a nonprofit for fundraising and stewardship. Councilmembers also asked staff to identify and report the source of $3,100,000 in park mitigation funds the city intends to apply toward the site.

The decision follows more than a year of staff work and public engagement. Melinda Dacey, the city's housing services manager, summarized the background and the legal constraints the council faced — notably that rezoning from residential to nonresidential can trigger voter approval under the city's Proposition A and could require replacing residential capacity elsewhere under state housing law. Dacey described two primary options staff had presented: (1) dedicate the site as parkland using existing zoning and record deed restrictions, or (2) pursue rezoning that would require additional steps including a local coastal program amendment, a public vote and possible replacement of housing capacity.

Supporters of keeping L7 as a park emphasized the parcel's prior acquisition with park funds and nearby housing growth. Councilmember Joe O'Hara (Councilmember Joe O'Hara) moved to repeal Resolution 2023-128, replace it with Resolution 2025-29 finding the property necessary for city use, and to use existing municipal code zoning provisions to dedicate L7 and other city-owned park properties for park purposes. O'Hara asked staff to collaborate with community leaders and a nonprofit on an MOU to support fundraising and design and to use the identified mitigation funds as an initial allocation toward park design and development.

Opponents and outside advocates urged the council to keep the site available for housing. Steven Russell, president and CEO of the San Diego Housing Federation, told the council the action would remove land identified in the city's housing inventory and warned it could put the city at odds with state housing law, citing the Housing Accountability Act and potential actions from the California Department of Housing and Community Development (HCD). Russell said, "Removing the site from the inventory of available land for housing development without first providing a suitable replacement is a direct violation of the Housing Accountability Act." The council majority rejected that view and approved the motion.

Speakers from the neighborhood and a group of residents raised safety and park‑need arguments. Residents including Oliver Pratt and Jessica Pratt described fundraising efforts (Oliver described raising more than $15,000 through a GoFundMe and golf-ball sales) and emphasized that L7 was purchased with city park funds and is intended as green space for a neighborhood that will see additional housing nearby.

Council discussion touched on alternatives and constraints. Staff noted that L7 is not zoned R-30 and currently counts only for three above‑moderate units in the adopted housing inventory; councilmembers stressed that using existing zoning and deed restrictions avoids the procedural and legal hurdles associated with rezoning and a Prop A public vote, and avoids triggering a requirement to replace residential capacity elsewhere immediately. The council also discussed that fully developing housing on the site would require large subsidy estimates discussed in the staff briefing.

The motion passed unanimously. Council directed staff to: (1) record deed restrictions to preserve L7 and other identified city-owned park parcels for park uses; (2) initiate a public engagement process and an RFP for park design services; (3) work with the Parks & Recreation Department, the resident-led nonprofit group referenced by staff (a parks friends group), and community leaders on an MOU to pursue fundraising and design; and (4) return with a budget recommendation and a report identifying the source and expected inflows for the $3,100,000 mitigation funds to be applied to L7. Staff told council that the actual allocation of the mitigation funds would occur through the city budget process when council adopts the fiscal-year budget.

Councilmembers framed the vote as restoring the property's intended use. The step creates a path to design and build a neighborhood park while staff and the council continue to evaluate housing‑capacity and regional RHNA issues in parallel.

Ending — Next steps

Staff will bring back a budget recommendation and timeline for design and entitlements and a draft MOU for any public–private fundraising partner. The Parks and Recreation Department will manage design outreach with the immediate neighborhood; the council requested a follow-up report to support decisions during the upcoming budget cycle.