County Sets New Policy on Cluster Housing Limits

Ending a lengthy debate over a method of housing development alternately praised as innovative and assailed as foolhardy, the San Diego County Board of Supervisors on Wednesday approved new guidelines for “clustering” projects.

By a unanimous vote that culminated more than a year of study, the board approved regulations governing the use of clustering, a process that enables developers to build high-density residential projects in areas zoned for low-density construction.

The supervisors had tentatively approved the new clustering policy last month, but, because of the complexity of the subject, delayed final action until Wednesday to give themselves and others additional time to review the proposed changes. The board’s vote Wednesday also extended an existing moratorium on cluster projects until July 17, when the new regulations take effect.

Current Policy

Under the county’s current clustering policy, described by Supervisor Brian Bilbray as “the best and the worst of planning,” developers may build higher residential densities in some portions of a project in exchange for providing substantial open space throughout the development. For example, if a developer owns 200 acres in an area zoned for two-acre lots, he would be entitled to build 100 homes. Rather than building them on similar two-acre parcels, the developer could “cluster” all 100 units on a few acres, leaving most of the rest of the property as open space.

Developers argue that the policy offers a fair trade-off that enhances design flexibility and preserves sensitive environmental features.

Environmentalists and some community groups charge, however, that developers have sometimes used the policy to circumvent zoning laws, and complain that the open space surrounding the clustered housing often consists of steep, unusable property or private golf courses. Critics also contend that cluster projects often produce urban-style developments inappropriate for so-called “estate” areas of the county.

The Changes

Addressing those concerns, the measures approved Wednesday would, among other things, establish a minimum one-acre lot size throughout the county’s unincorporated areas. With community approval, that minimum size could be reduced to one-half acre if the area is served by sewer lines and the resulting development would be compatible with the surrounding region.

Despite the complaints about golf courses being classified as open space, the supervisors decided that open space in cluster projects need not be reserved for the exclusive use of the developments’ residents. The supervisors’ action, however, gives residents the right to approve any changes in the use of a project’s open space.