Preservation Action Alert: San Diego Moves to Implement SB 10

By Bruce Coons / Save Our Heritage Organization / March-April 2023

San Diego has begun the process to implement SB 10 with its new plan, read “Housing Action Package 2.0.”

California Senate Bill 10, (SB 10), also known as the Housing Opportunity and Mobility Expansion (HOME) Act, was signed into law by Governor Gavin Newsom on September 16, 2021. The act claims that it is designed to address California’s ongoing housing crisis by streamlining the process for the development of new housing projects.

Unlike SB 9, which clearly holds out historic resources as an exception, the same does not apply for SB 10. It has no specific exceptions or protections for historic districts or individual historic sites, thereby diminishing the protection for such resources. The City could retain some discretion when it comes to the rezoning of such sites if decision makers would implement requirements to protect historic sites in the rezoning process. So far, we have not seen any evidence that they intend to do so.

Under the act, local governments can bypass some of the existing zoning and environmental review processes to allow for the creation of denser housing projects, including multi-unit buildings and apartment complexes, in areas that were previously restricted to single-family homes.

The act allows for the creation of “by-right” development, which means that developers are allowed to build without undergoing a public review process.

SB 10 would allow construction of a 10-unit apartment building on a 7,500 square foot residential lot located in a “transit-rich, jobs-rich, or urban infill” area. As defined, these terms apply to almost all San Diego neighborhoods. This means that a 10-unit apartment building can be built on virtually any residential lot.

By allowing developers to bypass the existing review processes, important cultural and historical resources will be lost, as well as community character and our sense of place. SB 10 will pave the way for the destruction of historic buildings and neighborhoods, even those that have been designated as local, state, and federal historic landmarks or are of documented cultural significance.

While it is crucial that we address California’s housing crisis, it should not come at the expense of San Diego’s irreplaceable historic neighborhoods and resources.

There are other solutions to the housing crisis, such as providing incentives for developers to build affordable housing by rehabilitation and adaptive reuse of existing buildings, increasing funding for affordable housing programs, and preserving historic neighborhoods and resources where so much of our affordable housing already exists and while still allowing for appropriate new development. Furthermore, SB 10 will inevitably lead to gentrification and displacement of lower-income communities.

SB 10 seems to be a trojan horse with serious failings that, ironically, will remove affordable housing in San Diego by demolishing already existing, naturally occurring affordable housing.

San Diego should prioritize utilizing our outdated buildings like shopping malls and office buildings as affordable housing options, especially along our main transit corridors, which currently are underutilized.

By taking a thoughtful and balanced approach, the city can ensure that it maintains its cultural heritage while also addressing the housing crisis. SB 10 will have significant negative effects on historic resources in San Diego and it will have significant negative effects for all San Diegans’ quality of life.

No other California city has adopted SB 10. San Diego should not be the one to do so.

How you can help:

Urgent: Attend the Planning Department’s public workshop tomorrow, March 2 at 6:30pm! It takes place at the Mission Valley Library, 2123 Fenton Pkwy, San Diego, CA 92108 (next to IKEA). Register now for the workshop This meeting was held Thursday night.

Write your City Councilperson urging them to OPPOSE SB 10 in the current form without adding protections for San Diego’s historic sites. (Sample letter)

SOHO is looking at feasible avenues to protect San Diego’s historic places for all San Diegans. We urge you to donate to our legal fund today as we discuss and strategize our plans to stop this irrevocably harmful act from being put to use.

Neighbors for a Better San Diego, a local non-profit group of San Diego neighbors, community leaders, and advocates formed to protect and preserve single-family neighborhoods from overdevelopment, have been organizing for months. While much of their focus is not in SOHO’s purview they have a cohesive plan for you to consider/review at Neighbors for a Better San Diego.