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Few homeless people have been detained under San Diego's camping ban. The number prosecuted is even lower

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Few homeless people have been detained under San Diego's camping ban. The number prosecuted is even lower


There’s no question San Diego’s camping ban has made an impact.

Its passage last summer corresponded with a drop in homelessness downtown, more people asking for shelter and an increase in riverbed encampments. Other cities have moved to follow San Diego’s lead. Some lawmakers want to take the rules statewide.

But that doesn’t mean many residents are ending up in court for living in a tent.

During the ordinance’s first six-plus months, the city attorney’s office filed charges against just two people on allegations of violating the ban, according to spokesman Andrew Sharp. An additional eight cases were under review as of early February.

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Police arrested one person twice and issued 30 tickets during that period, meaning prosecutors at most had agreed to pursue less than one-tenth of available cases.

Even if the eight other cases are eventually taken up, the total would amount to about a third of what officers initially acted on since the ban took effect July 31.

Among the people who ultimately won’t be punished is a 28-year-old man who received the first camping-ban ticket in August.

“It’s not as easy as it seems when you’re trying to prove cases like this, when it’s a brand-new law,” said City Attorney Mara Elliott. “It’s taking a little time for us to roll it out into the community so that everybody’s marching to the same tune.”

The disparity does not reflect a rift with the Police Department, and the two agencies have continued to collaborate on how to improve enforcement, Elliott added.

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The Police Department did not respond to requests for comment.

Experts said several factors might be keeping prosecution numbers low, including limited resources and the higher standard prosecutors must meet when weighing whether there’s enough evidence to win over a jury.

“You do go cautiously when you don’t know what the parameters are,” said Jan Goldsmith, a former San Diego city attorney.

Case law is limited and judges are similarly wading into new territory. “You don’t want to issue a bunch of cases that are all struck down,” Goldsmith said.

Multiple dismissals could provide ammunition to legal challenges seeking to overturn the law, officials said.

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Then there’s the vulnerability that comes with homelessness.

“It’s not just a new law,” said Alfonso Esquer, a former investigator with the U.S. Department of Justice who now directs the criminal justice program at Point Loma Nazarene University. “It’s also a very delicate law that requires some sensitivity.”

Paul Pfingst, a former San Diego County district attorney, noted that prosecutors may want to give residents time to adjust.

As word spreads, however, the number of cases taken to court could rise, Pfingst said.

It’s possible San Diego’s convoluted system for tracking when shelter is available — the city and Housing Commission oversee separate networks and there has not been real-time monitoring — has affected what prosecutors think they can win.

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The ordinance sometimes applies only if beds are open, and the city attorney’s initial legal analysis of the ban noted that convictions could hinge on shelter employees being able to testify that they had room at the moment someone was detained.

The legal landscape also is in flux. Later this year, the U.S. Supreme Court is expected to decide whether homeless people have a right to sleep on public property when there’s nowhere else to go. San Diego signed on to an appeal asking the justices to reconsider an earlier federal court ruling that said cities generally needed to have shelter available before clearing tent camps.

“We’re all waiting to see what happens there,” Elliott said.

The absence of a camping-ban charge doesn’t necessarily mean there’s no case at all. A 58-year-old man who was arrested last year won’t go to trial for sleeping outside, but he is facing a felony allegation of selling methamphetamine, according to Sharp.

Sharp said there is no internal policy telling prosecutors not to prioritize the ban.

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The city attorney’s office’s experience in court with a different ordinance used to target encampments offers further reason for caution.

San Diego’s encroachment law prohibits sidewalks from being blocked by personal property. Prosecutors pursued nearly 75 of those and other related charges in 2022, according to a statement from the office.

Yet 50 of those cases were ultimately dismissed and more than 20 people never showed up for trial, officials said. Two others sought diversion programs and a third is still being evaluated for competence to face a judge.

There’s a similarly lopsided comparison between encroachment tickets and prosecutions. Police have made much more than 100 of those citations and arrests since September, but the city attorney’s office had filed charges in only 26 cases as of early February, according to Sharp. An additional 25 were under review.

Local leaders have defended the camping ban as one of many tools to address homelessness.

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“People who assumed the goal of the ordinance was to arrest people may be surprised by the low number of prosecutions,” City Councilman Stephen Whitburn said in an email. “However, its purpose was to have a clear law that encourages people to move out of encampments and into safer and healthier places.”

Hundreds of people have relocated to the city’s new designated camping areas near Balboa Park in recent months, though the region’s shelters do not have enough room for everybody asking for a spot.

In his State of the City address earlier this year, Mayor Todd Gloria praised the low levels of police enforcement as evidence that the law is “working as intended” by “clearing encampments without widespread arrests.”

When asked if the mayor is satisfied with the current number of prosecutions, spokeswoman Rachel Laing said Gloria has “no authority over the city attorney” but has “given clear direction to the Police Department to enforce this and all other laws on the books.”

At the same time, homelessness in the region continues to grow.

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January was the 22nd consecutive month in which the number of people losing a place to stay for the first time (1,385) exceeded how many homeless people found housing (966), according to the Regional Task Force on Homelessness. ◆





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San Diego, CA

Coastal Commission ruling opens door to development of National City waterfront

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Coastal Commission ruling opens door to development of National City waterfront


National City’s Pepper Park can soon expand in size by nearly 50%, thanks to a ruling this week by the California Coastal Commission to approve the National City Balanced Plan.

The approval of the plan at the CCC’s Wednesday meeting, developed by the Port of San Diego, means that not only will the popular park have the ability to increase in size, big changes are coming for commercial, recreation and maritime uses on the National City bayfront.

“We are grateful to the California Coastal Commission for its support of the National City Balanced Plan,” said Danielle Moore, chair of the Board of Port Commissioners. “The progress we have made has been anchored in tireless collaboration with the community, business leaders and, of course, the city of National City. It’s about bringing more recreational opportunities to the bayfront while also streamlining and strengthening maritime operations, and we are eager to bring these projects to life.”

Other components of the balanced plan include:

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  • Realigning Marina Way to serve as the buffer area between commercial recreation and maritime uses
  • The closure of Tidelands Avenue between Bay Marina Drive and West 32nd Street, and West 28th Street between Tidelands Avenue and Quay Avenue, around six acres, to increase terminal efficiency by eliminating redundancies
  • The development of a recreational vehicle park, tent sites, cabins and the “ultimate development of up to two hotels with up to 365 rooms, as well as dry boat storage,” a port statement read
  • A connector rail project to connect the existing rail and loop track located on the National City Marine Terminal to additional rail car storage spots at the existing Burlington Northern Santa Fe National City Yard east of the National Distribution Center

The Board of Port Commissioners must accept the CCC’s certification, then the port and city can begin the process of completing the above projects.

“I am proud of the work we have done to help create a lasting legacy for National City, the Port of San Diego, and the entire region,” said Port Commissioner GilAnthony Ungab. “Nearly a decade in the making, this plan balances the interests of the community and many other stakeholders, addresses public access, maritime, and recreation uses, and expands waterfront access in my community.”

The National City Bayfront is 273 acres of waterfront land and 167 acres of water, and includes the National City Marine Terminal, Pepper Park, Pier 32 Marina, the Aquatic Center and pieces of public art.



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Gloria announces effort to add more townhomes, cottages to San Diego neighborhoods

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Gloria announces effort to add more townhomes, cottages to San Diego neighborhoods


Mayor Todd Gloria announced an initiative Wednesday intended to expand housing options in neighborhoods by integrating small-scale residences such as townhomes, rowhomes and cottages into an area’s existing character.

The Neighborhood Homes for All of Us initiative is also intended to support community land trusts — nonprofit organizations that acquire land to create permanent affordable housing.

“Since Day 1 of my administration, I have been focused on building more homes that San Diegans can actually afford — and getting them built faster,” Gloria said at a news conference Wednesday. “‘Neighborhood Homes for All of Us’ is the latest piece of that puzzle. This innovative program will break down the barriers that have gotten in the way of building the type of housing that I believe is ideal for young families and first-time homebuyers for whom the dream of homeownership has long felt out of reach.”

Around 80% of land zoned for housing in the city is restricted to single-family homes, which continue to increase in price, Gloria said. And a significant portion of new housing being built consists of apartment buildings with primarily studio and one-bedroom units, leaving working-class families fewer and fewer options for homes.

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Neighborhood Homes for All of Us is intended to increase the housing supply and allow community land trusts to keep housing affordable in disadvantaged communities for low- to middle-income families.

“San Diego is an incredible place to raise a family, and more families need the opportunity to do that in San Diego’s existing, highly desirable single-family neighborhoods where their kids can learn and play in a great community,” City Planning Director Heidi Vonblum said. “But today, that comes at a price that is out of reach for too many. Integrating more options for families requires careful and thoughtful planning, with input from existing and future community members across the city, to ensure these new home opportunities for San Diego’s families are built in ways that best enhance and benefit San Diego’s amazing neighborhoods.”

The initiative will roll out in two phases. In the first phase, beginning this week and continuing through next summer, San Diegans can help determine what the neighborhoods can look like. The public will be able to see renderings showing small-scale neighborhood homes within San Diego’s existing communities, along with new regulations that “provide a clear pathway for building these homes,” according to a statement from Gloria’s office.

Phase 1 will also include an open house and ways for the community to provide feedback and concerns.

Phase 2, scheduled for the second half of 2026, will be for city staff to develop regulations allowing for the building of more neighborhood homes in a way informed by the public feedback.

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The initiative is partly funded through a Regional Early Action Planning grant from the San Diego Association of Governments.



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Affordable housing project for San Diego Unified teachers moves forward

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Affordable housing project for San Diego Unified teachers moves forward


The first of five affordable housing projects for San Diego Unified School District teachers was approved on Wednesday night.

The school board voted unanimously in favor of working with the developer who bid on the project at the Instructional Media Center on Cardinal Lane. The Affordable Workhouse Housing project promises 100% affordability, with 108 one-, two- and three-bedroom units, and some surface lot parking.

“It’s a practical solution to a very real problem, and it sends a message that we are committed to stability, not just for employees but for the students,” one speaker said.

Board members say the project will be fully funded by the developer, DECRO Corporation based in Culver City, and that the estimated annual rent revenue is $125,000 dollars. It is expected to increase 2.5% each year.

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Some in the neighborhood are concerned.

“We are one way in and one way out. We are built in a canyon,” neighbor Callie Grear said.

“Parking here is horrible,” neighbor Paul Grear said. “Everybody is parking in front of our street. I can’t even park in front of my house.”

“The safety of our neighborhood is in jeopardy with this plan,” neighbor Patricia Torres said. “We are already overcrowded. We are asking this board to reconsider building on this site.”

Despite the pushback, board members unanimously voted in favor of moving forward with the developer on this project. Unless exempt, it will first undergo city scrutiny. There are still four other locations still on which SDUSD wants to build.

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A vote for housing on those other four properties has been postponed until January so that the school board can hold a workshop and appropriately question the developers that are bidding on those projects.

In all five projects, San Diego Unified hopes to build 555 units in the next 10 years.



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