By Macy Meinhardt, Voice & Viewpoint Staff Writer
City staff and District 4 community members remain at odds on the approach to remove a zone regulation that residents claim unlawfully targets historically underserved communities of color.
The regulation, titled Footnote 7, minimizes the square lot size for homes to 5,000 square feet in Encanto and Southeastern neighborhoods. Everywhere else in the city the minimum lot size between homes is 20,000 square feet.
The effect of this, community members argue, is that it perpetuates unlawful housing segregation by allowing for additional density exclusive to one region.
“We have a disproportionate share of that type of housing here, and it is causing all kinds of social, mental and physical ills for those of us who live here and for those who come here,” said Andrea Hetheru, Chair of the Chollas Valley Community Planning Group (CVPG).
This area of the city has long faced challenges, including high poverty rates, inadequate infrastructure, and a predominantly minority population.
The city maintains that it shares residents’ concern, and has agreed to undergo a process to remove the footnote from land development code projected for early next year. This however, would mean that until it is formally removed, all projects using the footnote regulation would continue to be built.
As a result, board members of CVPG unanimously rejected the proposal, instead calling on Mayor Todd Gloria to remove the footnote through an executive order, and halt all projects that rely on it.
“I am frankly offended that the city’s decision is to continue to process projects in accordance with the footnote,” said Robert Campbell, Vice Chair of CVPG. “It is another violation in a long line of violations in this community.”
For months, The CVPG has been raising alarm bells that Footnote 7 code violates fair housing laws. In a letter addressed to all members of city council and the mayor, Andrea Schlageter, Chair of the Community Planners Committee writes:
“We hold that Footnote 7 perpetuates racial biases in historically segregated communities, Encanto and Southeastern, by limiting residents’ access to the same zoning opportunities that predominantly white San Diego neighborhoods enjoy— namely, different density and housing size options which bolster economic opportunity.”
Unknown Origins of Footnote 7
The first trace of the footnote is located in an amendment to the land development code that was approved in 2020. The land development code outlines development regulations, zoning, use of property, and other related land use activities. It undergoes regular updates to remain responsive to the City’s changing land use issues.
This update included a total of 39 code amendments intended to streamline the review process, reduce development barriers, and provide development flexibility through corrections and clarifications.
Within these amendments, Footnote 7 is listed as a zoning clarification, which states: “Clarification that the minimum lot size in the RS-1-2 zones within Encanto and Southeastern San Diego community planning areas is 5,000 square feet.”
The updates were reviewed by the city’s Code Monitoring team, and the city council Land Use and Development Committee before it was passed.
City Planning Director Heidi Vonblum states if the amendment was brought forward today, it would not be approved by her.
“It remains unclear to me why this application was not implemented citywide and why it was specifically applied to the Southeastern San Diego Community Planning Area, given that it contains no lots that are zoned RS-1-2.”
Vonblum met face to face with residents to further explain the city’s approach during the latest CVPG meeting on Nov. 18.
Packed with over a hundred residents, tensions flared throughout the room as Vonblum unveiled the city’s plan to remove the footnote, explaining that it calls for a specific, lengthy, process required by the state. The proposal must first be reviewed by the city’s Planning Commission in December, followed by the Land Use and Housing Committee in January, before heading to the City Council for a vote expected in February 2025.
Residents expressed frustration with Vonblum’s inability to identify the origin of the footnote idea. The gap has caused speculation among the community. Some have pointed to 2021 lobbyist disclosure forms signed by then-District 4 Councilmember Monica Montgomery Steppe and her Chief of Staff, Henry Foster, as a possible connection. The municipal change that client, D.R. Horton—a national home construction company—had lobbied for included multiple plan and zoning changes in Emerald Hills.
“Sounds a lot like Footnote 7,” said Martha Abraham during public comment at the Nov. 12 city council meeting.
Councilmember Foster’s team did not respond to a request for comment on this issue, but he maintains the footnote did not originate in his district.
Despite the rejection from the CVPG leaders, the city at this time is still going through with their proposed course of action.
In regards to the community’s preference for the mayor to take action, “state law and the City of San Diego Charter do not grant the Mayor the authority to unilaterally amend the municipal code via executive order. To amend this lawfully will require City Council approval,” said a city spokesperson.
Residents of the Chollas Valley Community group consider it as a partial win, but this issue is far from settled. Outstanding questions still remain—Where did the footnote originate from? How did it get approved? Why was the community not informed?
Taking legal action against the city is a new course of action the CVPG group is considering.
Voice & Viewpoint will continue to be following this closely. Let us know what you think on the issue by sending inquires to: [email protected]
