The San Diego City Council voted 5-4 late Monday night to amend the controversial Bonus Accessory Dwelling Unit program.
The council majority agreed with public concerns that the Bonus ADU Program was allowing over densification and exploitation from some developers compromising the character of single-family neighborhoods.
Dissenting votes were cast by council members Stephen Whitburn of District 3, Kent Lee of District 6, Vivian Moreno of District 8 and Sean Elo-Rivera of District 9.
“Folks deserve a place to live,” said District 9 Council member Sean Elo-Rivera who scolded those testifying against ADUs characterizing them as “plagues or viruses.”
The city planning department brought forward amendments to the city’s ADU and Junior ADU regulations to align the San Diego Municipal Code with state law. The proposed amendments addressed ADU and JADU regulations, including minimum and maximum unit size, conversions, rental terms, the number of permitted units, the removal of tree requirements, setbacks, replacement parking and owner-occupancy requirements. The planning department also proposed amendments to ADU setback requirements in fire hazard zones.
Other proposed amendments to the ADU Home Density Bonus Program included requirements related to development scale through a unit cap, evacuation route access, automatic fire sprinkler installation, parking requirements for developments located outside of a Transit Priority Area, increased penalties for violations and the introduction of new community enhancement fees. These proposed amendments are anticipated to further affect the number of ADU homes that can be developed on eligible lots. They are intended to address ADU home development while ensuring appropriate scale in neighborhoods.
Over 200 people testified both in-person and online. The vast majority were in opposition to ADU’s unrestricted proliferation.
“We remain supportive of a single junior and a single regular ADU, if they are deed-restricted for 55 years and below market, in addition to one bonus ADU,” said Bruce Coons, executive director of Save Our Heritage Organization, a non-profit devoted to preserving historic architecture and landmarks. “We could support a total of four units, counting the existing unit, in historical districts.”
Larry Webb of Mission Beach testified the beach community has written the city asking that ADUs “not be allowed” there. He argued emergency access into and out of the community is already insufficient. “Public safety will be further comprised by ADUs,” he said adding, “Mission Beach has an existing density of 36 units per acre, the most densely populated community in San Diego. More ADUs will result in structures being out of compliance with Mission Beach’s Precise Plan. Also, given Mission Beach’s topography, we’re the most vulnerable community to sea-level rise.”
Marcella Bothwell of Pacific Beach, a member of Neighbors For A Better California, a nonpartisan coalition opposing over-development, testified: “Neighbors’ supports ADUs under the state rules. These ADUs are crucial for young people chasing home ownership in today’s brutal housing market. But the 2008 crash still haunts us. We can’t let that happen again. Smart regulation is our defense against the market spiraling out of control.”
“It’s not perfect,” continued Bothwell of proposed Bonus ADU Program amendments. “We’d prefer the 55-year cap. This isn’t anti-housing. This is responsible regulation. Oppose it, and you risk dismantling single-family home dreams. Support this regulation. Make it better. Together we can build a San Diego where young families, seniors and renters thrive.”
The tone frequently turned acrimonious during four hours of public testimony. Several people called out council members for not paying full attention as one person after another derided the Bonus ADU program and its impacts. Some called for it be abolished all together. Others blamed the city for orchestrating its own problem in enacting the program. A handful of those testifying claimed the council was being influenced by developer money.
One individual asked council members how many of them had been bought.
“You don’t solve a crisis (housing) by creating another crisis,” argued another.
“If you vote yes on this — it will destroy San Diego forever,” contended yet another displeased resident.
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