Special Land Use and Housing Committee Meeting on Mixed-Use Zoning, May 23, 2019
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Special Land Use and Housing Committee Meeting – May 23, 2019
The San Diego City Council's Land Use and Housing Committee met on May 23, 2019, to receive a report from the Planning Department on a proposed municipal code and local coastal program amendment establishing six new mixed-use zoning districts (RMX and EMX). After hearing public testimony and committee discussion, the committee voted unanimously to forward the item to the full City Council for approval.
Public Comments & Testimony
- Terrianne Skelly, a parent of three, spoke in opposition, expressing concern that the city's commercialization of marijuana has led to a saturation of pot shops near schools and residences. She described four dispensaries clustered near two middle schools and two private schools, noting that two additional shops are being permitted. She urged the committee to prioritize public health, safety, and welfare for children and not escalate marijuana commercialization.
- Becky Johnson spoke in opposition, raising concerns about marijuana storefronts and billboards near youth-oriented facilities. She noted that facilities not in standalone buildings are not counted as sensitive uses, citing a tutoring center with 45% of its square footage used for services. She urged the committee to protect young people from poorly placed marijuana retailers and advertising.
- Cliff Williams, a land use analyst representing Unibail-Rodamco-Westfield (URW), spoke in support. He said URW favors the new mixed-use zones and their application to areas like Mission Valley, praised staff for responsiveness, and noted the ordinance improved through the review process. He emphasized commitments to vibrant retail and transit-oriented development.
- Jonathan Frankel, chair of the Mission Valley Planning Group, expressed strong support on behalf of the board, thanking staff for collaboration and saying the ordinance would help realize a walkable, transit-oriented community that could serve as a model for San Diego.
- Matt Adams, representing the Building Industry Association and a member of the Technical Advisory Committee, spoke in favor, citing the collaborative process, the shift to floor area ratio (FAR) density, and the menu of options that provides flexibility and efficiency. He said the industry supports the proposal.
Discussion Items
- Planning Department staff (Renee Mezzo and Laura Black) presented the proposed mixed-use zoning project. The goals are to support high-density housing and jobs in transit priority areas, align with the Climate Action Plan and City of Villages strategy, streamline processes, and increase housing units. Staff cited the Grantville Plan District Ordinance (adopted 2015) as a model, noting 2,000 units are in process or built with 25% affordable. The six new zones (three residential RMX, three employment EMX) would permit, not mandate, vertical or horizontal mixed uses, provide design flexibility, activate street fronts through design rather than mandated uses, and for the first time calculate density by floor area ratio (FAR) instead of dwelling units per acre. The recommendation was to move the item to City Council.
- City Attorney's Office: The attorney stated the draft ordinance is still under review and wording may change; the office will notify staff and council of legal concerns.
- Committee discussion: Councilmember Ward asked about precedents in other cities and how the zones would accelerate production. Staff explained that once community plans are updated, qualifying projects could proceed by right without discretionary review. Ward also asked about a record of the Planning Commission's 15–8 vote, and raised questions about ground-floor commercial flexibility, child care facilities, community gardens, adult-oriented uses, and homeless facilities. Councilmember Sherman supported the flexibility, noting empty ground-floor retail in Grantville and arguing the market should dictate uses until a walkable neighborhood matures. He referenced the Point Loma Nazarene study finding that over 45% of building costs come from regulation. Councilmember Campbell asked about the relationship to community plans and overlays; staff confirmed the zones do not supersede height limit overlays, do not change ADA requirements, and that surface parking for disabled people remains allowed. Campbell also suggested separated bike paths.
Key Outcomes
- The committee voted unanimously to approve the recommendation to move the mixed-use zoning municipal code amendment and local coastal program amendment to the City Council. The motion was made by Councilmember Ward and seconded by Councilmember Sherman.
- Councilmember Marino requested that planning staff discuss with Development Services the possibility of an expedited rezone program for RMX/EMX applications and report back before the item is heard by council.
- The next regularly scheduled meeting of the Land Use and Housing Committee is June 12, 2019.
Meeting Transcript
Special land use and housing committee meeting. Councilmember Ward Campbell and Sherman are present. We have one discussion item on our agenda today. Item number one, a report from the planning department regarding a mixed use zoning municipal code amendment and local coastal program amendment. Please begin when your report your report when you're ready. Great, thank you. Thank you so much for having us this morning. My name is Renee Mezzo. I'm with the planning department here to discuss the mixed use zoning project. The goals of these new zones are to support high density housing your jobs in transit priority areas, which support the climate action plan and the city of villages. We want to streamline the process to meet our housing goals and bring new units to market. During a few of the community plan updates, we noticed the existing zones didn't anticipate the trends of development that we were seeing. This is especially evident in Mission Valley, where some building types had not been contemplated in the existing plan and the plan district ordinance. So staff looked at a new set of zones to provide more flexibility during the design process, provide walkable blocks and strong connections back to transit. We looked at what was working, and we looked to the Grantville Plan District Ordinance, which was adopted in 2015, and currently there are 2,000 units in the planning process or under construction, with 25% of those being affordable. We kind of use these regulations as a starting point and pulled a lot of the principles from Grantville into the new mixed use zones. Since we're seeing more and more infilled development, we wanted to take advantage of underutilized land. So we started looking at what we could allow for better use of land to increase development with a focus on a pedestrian environment that promotes transit access. We began by having multiple subcommittee meetings, site testing, and received valuable feedback from various stakeholders throughout the process. So these six new zones would permit rather than mandate a vertical or horizontal mixed of uses. So the uses can be in multiple buildings across the site, not just in one building. So there's three residential mixed use zones, and the focus is primarily on residential with increasing density and heights. These zones would activate the street for a more walkable neighborhood and to avoid vacant ground floor retail. Three employment mixed use zones are also proposed, which focus for on employment as the primary use. These zones would support the innovation economy by allowing research and development, incubator, and co-work spaces. We wanted to allow for more of a flexible mix of uses than currently what's what a lot of projects use, which is the CC39 zone for mixed use development. So with these new mixed-use zones, we have about 20 to 30 percent more allowable uh uses such as um research and development and business services, which are currently not permitted in the CC39. Another component of the mixed-use zones is we this will be the first time that we are calculating density based on floor area ratio or FAR. Um currently the existing base zones calculate density by dwelling units per acre and using floor area ratio to calculate density increases the floor area that can be used for units and encourages smaller and therefore less expensive units. So these zones activate the street through design and not through use. This is an important distinction as we didn't want to mandate the uses at the street level, but still wanted to promote ground floor pedestrian activation in a logical interconnected network across the development as well as back to transit. These zones include a menu of options for some of the regulations. This choice-based approach provides more flexibility in the design process. For example, um, to activate the building frontage, you can choose a minimum of the two of two elements from this table. So it provides a little more flexibility in the design process. So these zones are another tool in the toolbox for use citywide. And our recommendation is to move the item to city council for approval. And we're here to answer any questions you may have. Thank you. Thank you. Oh, I'm sorry, were you? No, thank you. Yeah. Okay, wonderful. Uh, before we go to our public speakers, the city attorney has comments for the committee. Thank you, Chair. Our office has been working with city staff on this matter. However, the draft municipal code ordinance is still being reviewed in our office. Therefore, if the committee moves this item forward to council, the wording may change from the order from the ordinance and the backup materials. We will notify staff and council of any legal concerns at the earliest available opportunity.
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