North County Citizens Coalition recently filed a complaint in Superior Court against the city of Encinitas over its process of approving a parking lot for the homeless.
The Encinitas-based group, also called NC3, filed the complaint on March 2. The Encinitas City Council approved the Jewish Family Service Safe Parking Program lot Jan. 23 for homeless people who live in their cars. The lot is on property owned by the Leichtag Foundation.
The complaint alleges that the city violated zoning in approving the lot, stating that the agricultural land is not zoned for residential use. NC3 also alleges that the City Council violated the state Brown Act, which requires the posting of an agenda at least 72 hours before a public meeting, including closed-session items.
“The City did not post any agenda related to strategies to allow residential use on an agricultural property,” the complaint states. “Notwithstanding, during the November 20 City Council hearing, it became clear that such discussions did take place between Leichtag, JFS and the City prior to that hearing.”
NC3 seeks an injunction invalidating the approval of the parking lot because of the alleged Brown Act violation. In addition, NC3 alleges that residents’ constitutional rights were violated because there was not adequate opportunity for public comment on the parking lot program.
In the complaint, NC3 also alleges that the city declared a false shelter crisis, and evaded state environmental quality and Coastal Commission processes.
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