OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Diego City Council Special Meeting on SB 79 Implementation and Exemptions - May 7, 2026

City Council — Thursday, May 7, 2026
BodySan Diego, California
SessionCity Council
DateThursday, May 7, 2026
StatusFILED
Video Record
0:00 / 3:04:08

Transcript — Verbatim
0:00

Order, assistant clerk, please call the roll.

0:03

Councilmember Campbell.

0:05

Councilmember Whitburn.

0:06

Here.

0:06

Councilmember Foster.

0:08

Councilmember Von Wilpert.

0:11

Council President Pro Tem Lee.

0:14

Councilmember Campio.

0:15

Here.

0:16

Councilmember Moreno.

0:17

Present.

0:18

Councilmember Ilo Rivera.

0:20

And Council President Lakava.

0:22

Present.

0:23

Also attending the meeting are Assistant City Attorney Leslie Fitzgerald, Senior Fiscal and Policy Analyst in the IBA office, Amy Lee, Senior Policy Advisor in the Mayor's Office, Christopher Ackerman of Vila, and myself, your assistant city clerk, DG Pantaleon.

0:38

Alright, thank you for that.

0:40

And I didn't notice that there was a little hiss.

0:44

It was sweetness living the room.

0:46

So it was.

0:49

So with that, a quorum is now present.

0:52

Since it's a special council meeting under the unlike the BRC meeting earlier today.

0:57

Before we start today's meeting, I want to remind everyone about the city's practices and procedures for public comment at City Council meetings.

1:03

City welcomes public participation at our city council meetings.

1:06

Speakers may address the council during public comment and also in connection with a specific item of business on the agenda.

1:13

However, the city must make sure that no one person or group of people disrupt the meeting in a way that prohibits other speakers from expressing their ideas and opinions.

1:21

So to make sure that everyone here has an opportunity to address the council, I will alert an individual or individuals if I think their conduct becomes disruptive.

1:29

If the disruption continues, I will roll the individual out of order, and if the disruption continues further, I will declare a recess, we can restore order.

1:37

At that point, we will direct the individual to leave the room, and if the individual refuses, police will escort the individual out of the building.

1:43

If we have to repeat the process of warning and assessing the meeting, all members of the public will be excused from chambers.

1:49

Credential media will be allowed to remain.

1:52

Once again, we have these practices and procedures to protect the rights of other speakers who wish to address the council and to allow the council to conduct the public's business.

2:00

And frankly, to show respect to the members of the public who chose to spend their Thursday evening here in chambers, unlike other fun things they could have been doing.

2:09

So respect their time when you think about when you offer your testimony.

2:15

So with that, assistant clerk, please go over how the public can offer their testimony.

2:20

I will now highlight the slide on the screen that reviews how the public can offer their public testimony during this evening's meeting.

2:26

The order can be found on the agenda summary found online or at the table in the back of the room.

2:30

If you are in person, please complete a speaker slip located at the entrance of chambers and bring it to the front of the room.

2:37

Council ambassadors are available near the entrance of chambers and can assist with questions and speaker slips.

2:43

No further in-person testimony will be taken once the council begins virtual testimony.

2:48

Thank you, Council President.

2:49

All right, thank you.

2:50

So with that, please introduce item 600.

2:53

Item 600 is Senate Bill 79 phased implementation in exempting non-transit oriented development areas.

3:02

Alright, I see staff is seated.

3:04

When you're ready, introduce yourselves for the record and let us know how much time you need for the presentation.

3:18

Good evening, Council members.

3:19

My name is Grant Rodi.

3:20

I'm a senior planner with the city plan department.

3:23

I'm here with Seth Lichney, Deputy Director of Housing Policy and Environmental Analysis and City Planning, and Heidi Baumblum, City Plan Director.

3:30

I am presenting the City Plan Department's proposed Senate Bill 79 phase implementation plan with exemptions, and it'll be about 15 minutes.

3:37

Alright, when you're ready.

3:41

Pursuant to the requirements of the bill, the city council needs to adopt an ordinance to phase in SB 79 implementation in low resource areas, very high fire severity zones, sites with designated historic resources, and I've decided to put to a one-foot sea level rise, and to exempt areas outside of a one-mile walk-in distance from SB 79 applicability.

4:00

Today, the city plan department is proposing an ordinance to phase the implementation of SB 79 and exempt certain areas from SB 79 implementation.

4:10

SB 79 was signed by Governor Newsom on October 10th, 2025, and seeks to address the state's housing shortage, create homeownership opportunities, and to build more homes near transit.

4:22

SB79's requirements are generally consistent with the policies included in the city's general plan, including the housing element, which calls for more housing options throughout the city, and the city's climate action plan, calling for more homes and jobs located near transit.

4:36

SB 79 requires the city to approve certain housing developments within a half mile radius of qualifying trend of stops, which are called transit oriented development or TOD stops on sites that are zoned for residential, mixed use, or commercial development.

4:50

The half mile areas are calculated as a straight line distance or as the crow flies and are referred to as TOD zones.

4:57

The bill requires that SANDEC create a map of TOD stops and zones within the city.

4:59

While the city plan staff has created several SB 79 maps, TOD stops are subject to confirmation from SANDAG's maps of designated TOD stops.

5:12

The bill split the TOD zones into two areas.

Discussion Breakdown — Share of Meeting
Procedural███████████████████████████████████35%
Affordable Housing██████████████████████████████████34%
Engineering And Infrastructure████████████████16%
Public Comment█████████9%
Transit-Oriented Development█1%
Building Safety█1%
Community Engagement█1%
Equity in Transportation█1%
Active Transportation█1%
Summary of Proceedings

San Diego City Council Special Meeting on SB 79 Implementation and Exemptions - May 7, 2026

The San Diego City Council met on the evening of Thursday, May 7, 2026, for a special meeting to consider an ordinance regarding the phased implementation of Senate Bill 79 (SB 79) and the exemption of certain areas from its requirements. The meeting included a staff presentation, extensive public testimony, and deliberation that resulted in an amended ordinance deferring to SANDAG for the identification of qualifying transit stops.

Public Comments & Testimony

  • The assistant clerk reported 281 e-comments in favor of the city planning staff’s proposed phased implementation and 19 in opposition. 43 speaker slips were submitted in chambers, and an additional 13 individuals participated virtually. In-person and virtual testimony totaled more than 50 speakers.
  • Doreen D.S. Pesta (speaking on behalf of the Hammershaw neighborhood) urged the council to phase implementation in low-resource areas and limit the TOD zone to a quarter-mile from the Lemon Grove station, citing narrow streets, steep hills, a high percentage of seniors, and the risk of losing naturally occurring affordable homes.
  • Andrea Hetheroo (ceded time from Susan Baldwin) expressed support for phasing SB 79 in low-resource areas to allow amenities and infrastructure to catch up before upzoning.
  • Ethan Paul (Build SD) requested that bus lanes on El Cajon Boulevard and University Avenue be recognized as qualifying tier-two transit stops to enable more affordable housing near transit.
  • Zach DeFazio Farrell (treasurer of YIMBY Democrats of San Diego County) presented a detailed argument that three corridors—El Cajon Boulevard, University Avenue, and Park Boulevard—have full-time dedicated bus lanes qualifying under SB 79. He urged the council to amend recital E of the ordinance to include those stops, warning that failure to do so could lead to state penalties or lawsuits.
  • Jeff Huter (Building Industry Association) supported staff’s measured approach, noted that San Diego already has significant transit-oriented capacity through Complete Communities, and requested clarification on the effective date for project submittals.
  • Paul Coogan (Secretary, City Chartered Community Planners Committee) supported staff’s original phased approach without the Planning Commission’s amendments, citing lessons learned from the ADU bonus program.
  • Several virtual speakers (e.g., Leif Gensert of Ride SD, Sam Barinski, Sharon Gill, Tom Whitenigel, Daniel Molator, Moira Tan) called for correct implementation including the disputed bus lanes, acceleration of delays, and more housing near high-frequency transit.
  • Paul Krueger criticized the scale of development allowed under SB 79 and reminded the council of previous negative impacts of the ADU bonus program.
  • Mary Soriano (President, La Jolla Town Council) urged the council to be thoughtful, safe, and fiscally honest, emphasizing infrastructure needs.
  • Bruce Koons (Save Our Heritage Organisation) supported the staff recommendation without the Planning Commission’s amendments, especially for low-resource areas and fire zones.

Discussion Items

  • Staff Presentation: Senior Planner Grant Rodi, Deputy Director Seth Lichney, and City Plan Director Heidi Baumblum presented the proposed ordinance. SB 79 requires approval of housing developments within a half-mile of qualifying transit stops (TOD zones). The city planning department recommended phasing implementation in low-resource areas, very high fire severity zones, sites with historic resources, and areas vulnerable to one-foot sea level rise, while exempting areas without a walking path of one mile or less to a TOD stop. The department noted that approximately 22% of TOD zones would take effect on July 1, 2026, with the rest phased in through a TOD Alternative Plan by 2031-2032. The Planning Commission had recommended a faster timeline (citywide by April 2027) and inclusion of the contested bus lanes, but staff did not adopt those recommendations.
  • Council Debate: Council President LaCava moved the staff recommendation, seconded by Councilmember Campbell. Councilmember Whitburn proposed an amendment to include all bus stops on El Cajon Boulevard, University Avenue, and Park Boulevard with 15-minute peak frequency, arguing they are dedicated bus lanes and that SANDAG would ultimately decide. Council President LaCava declined the amendment due to timeline concerns and the risk of not having the ordinance adopted before July 1. Councilmember Moreno announced a no vote, citing a desire to get out of the way of housing and preferring the inclusion of the bus lanes. Councilmember Von Wilpert expressed support for the amendment but deferred to the timeline; she also raised infrastructure and DIF fee concerns.
  • After a recess, staff proposed an alternative: strike recital E (which listed specific stops) and move recital F to state that TOD stops will be those identified by SANDAG. City Attorney confirmed no legal concerns. Councilmember Whitburn accepted this and announced his office would write a letter to SANDAG requesting inclusion of the three corridors.

Key Outcomes

  • Vote: The amended motion (to approve the ordinance with recital E removed and full deference to SANDAG’s map) passed 6-0, with Councilmembers Foster, Lee, and Ilo Rivera absent. (Earlier, a hand count showed 5-4 but was corrected after re-vote.)
  • Ordinance Approved on First Reading: The council approved the ordinance to phase SB 79 implementation and exempt areas as proposed by staff, with the sole change of removing the specific list of qualifying transit stops and relying on SANDAG’s forthcoming map.
  • Letter to SANDAG: Councilmember Whitburn will lead a letter requesting that SANDAG include San Diego Trolley stops and all bus stops on El Cajon Boulevard, University Avenue, and Park Boulevard served by full-time dedicated bus lanes with 15-minute peak frequency as TOD stops.
  • Next Steps: The ordinance will be transmitted to the California Department of Housing and Community Development (HCD) for review. The council will consider second reading and final adoption at its next regular meeting on May 11, 2026. City planning will prepare a TOD Alternative Plan for later discussion. The development impact fee (DIF) annual report is expected in a few weeks.

Meeting Transcript

Order, assistant clerk, please call the roll. Councilmember Campbell. Councilmember Whitburn. Here. Councilmember Foster. Councilmember Von Wilpert. Council President Pro Tem Lee. Councilmember Campio. Here. Councilmember Moreno. Present. Councilmember Ilo Rivera. And Council President Lakava. Present. Also attending the meeting are Assistant City Attorney Leslie Fitzgerald, Senior Fiscal and Policy Analyst in the IBA office, Amy Lee, Senior Policy Advisor in the Mayor's Office, Christopher Ackerman of Vila, and myself, your assistant city clerk, DG Pantaleon. Alright, thank you for that. And I didn't notice that there was a little hiss. It was sweetness living the room. So it was. So with that, a quorum is now present. Since it's a special council meeting under the unlike the BRC meeting earlier today. Before we start today's meeting, I want to remind everyone about the city's practices and procedures for public comment at City Council meetings. City welcomes public participation at our city council meetings. Speakers may address the council during public comment and also in connection with a specific item of business on the agenda. However, the city must make sure that no one person or group of people disrupt the meeting in a way that prohibits other speakers from expressing their ideas and opinions. So to make sure that everyone here has an opportunity to address the council, I will alert an individual or individuals if I think their conduct becomes disruptive. If the disruption continues, I will roll the individual out of order, and if the disruption continues further, I will declare a recess, we can restore order. At that point, we will direct the individual to leave the room, and if the individual refuses, police will escort the individual out of the building. If we have to repeat the process of warning and assessing the meeting, all members of the public will be excused from chambers. Credential media will be allowed to remain. Once again, we have these practices and procedures to protect the rights of other speakers who wish to address the council and to allow the council to conduct the public's business. And frankly, to show respect to the members of the public who chose to spend their Thursday evening here in chambers, unlike other fun things they could have been doing. So respect their time when you think about when you offer your testimony. So with that, assistant clerk, please go over how the public can offer their testimony. I will now highlight the slide on the screen that reviews how the public can offer their public testimony during this evening's meeting. The order can be found on the agenda summary found online or at the table in the back of the room. If you are in person, please complete a speaker slip located at the entrance of chambers and bring it to the front of the room. Council ambassadors are available near the entrance of chambers and can assist with questions and speaker slips. No further in-person testimony will be taken once the council begins virtual testimony. Thank you, Council President. All right, thank you. So with that, please introduce item 600. Item 600 is Senate Bill 79 phased implementation in exempting non-transit oriented development areas. Alright, I see staff is seated. When you're ready, introduce yourselves for the record and let us know how much time you need for the presentation. Good evening, Council members. My name is Grant Rodi. I'm a senior planner with the city plan department. I'm here with Seth Lichney, Deputy Director of Housing Policy and Environmental Analysis and City Planning, and Heidi Baumblum, City Plan Director. I am presenting the City Plan Department's proposed Senate Bill 79 phase implementation plan with exemptions, and it'll be about 15 minutes.

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