The Encinitas Board of Appeals sided with the city in the latest dispute with the developers of a nearly 200-unit apartment complex on a property off of Clark Avenue near Interstate 5.
The decision by the six-person volunteer board upholds a city requirement that the developer, WNG HHF Encinitas Apartments, meet the updated 2025 California Building Code requirements instead of the 2019 codes under which the project had previously been approved. The developers had appealed the approval in March.
Reached by phone Monday morning, attorney Marco Gonzalez, who represents the developers, called the process “absurd.” He accused the city of purposely delaying the appeals process and said the developer plans to sue for damages.
It’s the latest in a yearslong fight over the project.
One year ago, I broke the story on the city suing the developers over fire safety concerns. The city lost that lawsuit.
The City Council approved the project in 2022, after the developer successfully appealed the Planning Commission’s initial denial. At the time, then-Encinitas Mayor Catherine Blakespear said the project was included in the city’s court-ordered Housing Element, which creates opportunities for development, and therefore couldn’t be rejected as long as it followed city standards.
Surrounding residents continued to voice concerns about the project. Deputy Mayor Jim O’Hara asked fellow officials in August 2025 to take action against the project.