Encinitas council upholds approval for 27‑home Ocean Bluff development after lengthy appeal

Encinitas — The City Council voted 4–1 on June 24 to affirm the Planning Commission’s approval of the Ocean Bluff subdivision, a 27‑unit single‑family project at 501 Ocean Bluff Way that includes three deed‑restricted affordable units.

Staff planning manager Andrew Mayer told the council the site had been reviewed through a multi‑year discretionary process and environmental review. He said the project proposes 27 detached homes, four floorplans, off‑site frontage improvements and a draft final environmental impact report that found no significant unmitigated impacts. Mayer said geotechnical and civil engineering reports (2023 and 2024) were stamped by registered engineers and included borings, site‑specific slope analysis and a peer review that supported the proposed grading, setbacks and mitigation measures.

The appellant, Miss Wood, urged council to continue the hearing and to make additional geotechnical materials public before approval. She objected to the proposed bluff encroachments for lots 15–17, the number and location of borings, and deferred drainage and construction‑phase controls. “I’m very nervous for fill, setbacks, or bluff encroachment; that should be addressed before the project is approved,” she said, requesting more time to examine a peer review report she said was not in the public record.

Applicant Jonathan Frankel of Rincon Homes said the team had conducted “very deep borings” and laboratory testing and that the project avoids sensitive habitat, preserves nearly 40% open space, and provides on‑site affordable homes that the developer described as life‑changing in a high‑cost market. “We are proposing 27, leaving 9 units on the table,” Frankel said, noting the design resulted from public outreach and two community participation meetings.

Council members pressed technical staff and the city’s independent geotechnical reviewer on the formation of the bluff, factor‑of‑safety calculations and the adequacy of stormwater basins and maintenance. The city’s geotechnical consultant said the feature at the site is largely Torrey Sandstone and described the slope as steep and engineered during past roadway construction rather than an ocean‑eroded coastal bluff; the review reported static factors of safety above standard thresholds and seismic safety margins exceeding minimum ratios. Staff also explained that under state density‑bonus law the city must grant waivers unless specific evidence supports adverse public health or safety findings.

Several nearby residents testified in opposition, raising concerns about bluff stability, potential landslides, drainage to the brow ditch and fire evacuation routes. Supporters and some nearby homeowners said the design is a compromise that preserves open space and limits density compared with what state law might otherwise allow.

Council members said they weighed community concerns against the record of technical studies and state law constraints. Mayor Bruce Ehlers said the council must make findings based on the administrative record. After deliberation, the motion to deny the appeal and adopt the council resolutions approving the tentative map, design review and coastal permits carried 4–1. Conditions adopted with the approval reinforced requirements for geotechnical compliance, mapping and review of CC&Rs, long‑term maintenance of biofiltration basins and public‑improvement commitments for Ocean Bluff Way.

The council’s action sends the project forward with the adopted conditions; the record shows the matter remains subject to standard ministerial and building‑permit reviews that will require finalized engineered designs and compliance with the city’s grading and building codes. The council also directed staff to ensure the project’s final documents clearly document the top‑of‑slope/top‑of‑bluff mapping and the peer‑review memos cited during hearings.