San Diego is trapped by a 50-year-old decision.

In 1972, the same year the city voted for Richard Nixon for president, voters passed Proposition D, creating a drastic 30-foot height limit west of Interstate 5. But today’s San Diego — grappling with a severe housing crisis — bears little resemblance to the city of a half-century ago. Proposition D was never about the coastline; it was about a highway line.

We deserve a vote on a new path forward, and the City Council has the power to give it to us.

The council must act to fix the core failure of Proposition D: its irrational geography. The arbitrary “coastal zone” is a blunt instrument that blocks homes in job-rich, well-connected areas. This 50-year-old rule is politically inflexible — a public vote is the only way to modernize it.

The Court of Appeal decision on Friday striking down a Midway District height-relief ballot measure for a second time reveals a deeper truth: Our piecemeal approach is a guaranteed failure. This legal quagmire proves we need a comprehensive, citywide solution — not endless battles in the courtroom.

Furthermore, this isn’t just a housing policy — it’s fiscal policy. By artificially limiting growth in our most prosperous corridors, we are denying the city millions in annual revenue that could be funding paved streets, improved parks and essential public services for every neighborhood. The status quo isn’t free; it’s a costly choice that deprives all San Diegans.

The council should place a measure on the 2026 ballot. Using public hearings, we can redraw this capricious boundary with residents at the table. Through this process, we can determine the best solution — a smart revision or, as a simpler democratic option, letting voters decide a simple question: Does the I-5 Divide created by Proposition D still serve San Diego?

The cost of this arbitrary divide is measured in more than legal fees. It’s measured in lost homes and lost opportunities. The city’s 2025 Annual Report on Homes reveals a tale of two cities. While communities like San Ysidro permitted 468 affordable homes and even high-income Rancho Bernardo permitted 274, coastal neighborhoods west of I-5 — La Jolla, Pacific Beach, Ocean Beach and Mission Beach — approved a mere 25 from 2021 to 2024.

This isn’t just an imbalance; it’s a failure of vision. Think of the teacher in a La Jolla school who can’t afford to live in the community where they teach, or the family raised in San Diego but forced to move away.

By blocking housing in desirable, well-connected areas, this rule forces a disproportionate share of development to concentrate east of the highway, fueling regional sprawl, pushing building into fire zones, increasing commutes and inflating housing costs for everyone.

It forces vital projects — like the 100% affordable housing for older adults and veterans at Rose Creek Village — to resort to state laws to provide homes. This is because their fate is dictated not by smart growth, but by a redline that codified an old route when Highway 101 gave way to the I-5 originally laid out for open-air roadsters a century ago. The 30-foot rule doesn’t preserve; it excludes.

Voters have already wisely acknowledged that one rule doesn’t fit all when given the chance, approving exceptions for areas like the Midway District (twice!), SeaWorld and the San Ysidro Port of Entry. Even directly along the coast, older buildings already exceed 30 feet without compromising neighborhood appeal. More homes equals more access.

Protecting San Diego’s future isn’t about preserving views for a clique; it’s about ensuring our children and grandchildren can afford to build a life here. We have the tools to champion mindful, mid-rise development that delivers essential housing alongside ground-floor shops and community services.

This isn’t about skyscrapers on the beach. It’s about giving families a chance to live nearer to where they work and go to school.

The council must learn from the court’s ruling. Move us from obstruction to action with a comprehensive plan developed with residents from every corner of the city.

This is the path to a pragmatic solution — one that safeguards San Diego’s unique nature while directly addressing our most urgent challenges in housing, sustainability and equity.

More than 50 years ago, voters had the power to shape the city’s future. Today, we ask for that same power to shape its future once more.

Let us vote.

Bubbins is a former president of the La Jolla Community Planning Association.

Originally Published: October 23, 2025 at 6:00 AM PDT