Council rejects outside request to downzone five Lincoln Acres parcels; motion passes 3–2
Loading...
Summary
Council voted to deny a community-submitted request to restore RS-2 residential zoning for five parcels in Lincoln Acres that are currently zoned MXD-2, citing property-rights, planning precedent and the absence of a petition from the owner.
The council voted 3–2 to reject a request sent to several council members asking the city to restore RS‑2 (single-family) zoning for five parcels in the Lincoln Acres area that were rezoned to MXD‑2 in prior proceedings.
Staff presented land-use history: two of the parcels were annexed from San Diego County and all five were rezoned to major mixed-use (MXD‑2) following applications and approvals in 2017–2020. Staff and the city attorney cautioned that the requested downzoning would be unusual because the request came from third parties rather than the property owner and could raise legal risk, including takings claims and compliance challenges with state law on housing production. The city attorney also noted there has been litigation and said council had not yet asked the city attorney to perform a legal analysis beyond normal agenda preparation.
After public comment from Lincoln Acres residents who urged restoring residential zoning and from parties opposing the request, the council voted to deny the request. The motion to reject the downzoning request passed 3–2. Council members said the proper path for zoning change remains a formal application from the property owner or a comprehensive planning amendment initiated by the city; council majority described the agenda item as an inappropriate mechanism to pursue the change at the property owner's expense.
The council did not adopt a rezoning ordinance and took no immediate further action; staff and the city attorney were not directed to initiate a city-led rezoning at this meeting.
