San Diego Mayor Todd Gloria said Wednesday he is "disappointed" and "exploring options" after the San Diego City Council moved to repeal a local program aimed at building more housing in low-density neighborhoods.
The council voted Tuesday to request that city staff return within 60 days with an action item to repeal the city's ADU bonus program, which allows property owners to build at least four "accessory dwelling units" on any residential lot in San Diego. If the lot is within walking distance of a major public transit stop, the program allows unlimited ADUs — as long as some are set aside as low- or moderate-income affordable housing.
The vote, which was unanimous with Councilmember Sean Elo-Rivera absent, came as a surprise because the ADU bonus program was not on the council's agenda. California's open meetings law, the Ralph M. Brown Act, prohibits city governments from taking action on issues without notifying the public in advance.
The City Attorney's Office advised the council against passing the motion, which was made by Councilmember Henry Foster III. Foster said the ADU bonus program "is destroying community character, impacting for-sale opportunities, and creating unsafe conditions. We must pause this program and address all unintended consequences and negative impacts that are affecting communities citywide."
His remarks came during discussion over the repeal of a footnote in the city's Land Development Code that had the effect of rezoning parts of Southeast San Diego, a historically redlined community, while leaving the rest of the city untouched. Foster declined to amend his motion to focus only on the footnote's repeal, insisting that it be coupled with the request to repeal the ADU bonus program.
City staffers work under the direction of the mayor, and the council's vote does not compel them to do anything. Gloria, who made building more housing central to his re-election campaign, declined to say outright whether he would fulfill or deny the council's request.
"Yesterday, the City Council asked the City Planning Department to bring forward a repeal of the highly successful ADU Density Bonus Program as part of their response to an issue that was completely unrelated to that program, even after the city attorney advised them that they were violating the Brown Act," mayoral spokesman Dave Rolland said in a statement. "Given that this city has been recognized as a model for how to produce more homes that everyday residents can afford, the mayor is disappointed in the council’s action. We are exploring options for how to respond."
Gloria is not the only person with the power to repeal the city's ADU bonus program. City Council President Joe LaCava can also place a repeal on a future council agenda, even if the mayor objects. LaCava declined to say whether he would do so, though his spokesman Chris Chan told KPBS he "is coordinating with council, city attorney and operations" following Tuesday's vote.
Repealing the ADU bonus program could also run afoul of state laws that require the city to remove regulatory obstacles to homebuilding.
Some councilmembers on Tuesday offered a defense of the ADU bonus program, even while voting in favor of the motion that sought to repeal it.
"Seeing a 40-unit building pop up in a single family parcel next to you is alarming for a million reasons," said Councilmember Kent Lee, who chairs the council's Land Use and Housing Committee. "That's not going to be the same, and we should not compare it as the same, as when (the program) is applied in other areas in much smaller capacities."
San Diego's ADU bonus program has permitted 1,226 homes since 2021 — 470 of them with affordable rent restrictions — according to data from the San Diego Housing Commission. Roughly two-thirds of projects approved under the program featured five or fewer units, while 92% of projects featured 10 or fewer. A handful of ADU projects have featured far more units. One in Clairemont featured 36 ADUs, while another in Skyline-Paradise Hills featured 37.
The City Council's vote Tuesday led to swift praise from Neighbors for a Better San Diego, a group that opposes efforts to densify single-family neighborhoods.
"While this was not a vote to remove the Bonus ADU Program from single-family zoned parcels, it is the first step in what has been an extremely unpopular and overreaching program," the group said in an email Tuesday evening. "We want to thank the councilmembers for pushing back against bad planning policies and agreeing that ENOUGH is finally ENOUGH."
The YIMBY Democrats of San Diego County, a Democratic club that supports more home construction, also sent out an email Tuesday evening saying the ADU bonus program is "beautifully simple" and has created hundreds of affordable homes without taxpayer subsidies.
"This program works, and we're not going to let it die without a fight," the group said.
