Land Use and Housing Committee Meeting - December 5, 2019

The San Diego City Council Land Use and Housing Committee convened on December 5, 2019, chaired by Councilmember Moreno, with Councilmembers Ward, Campbell, and Sherman present. The meeting approved the previous record of action, passed a consent agenda, and focused on two major agenda items: reforms to Community Planning Group (CPG) policy (Council Policy 600-24) and the Complete Communities Housing Solutions Initiative. Extensive public testimony was heard on both items, and the committee took multiple votes, ultimately approving a package of CPG reforms while continuing discussions on select provisions.

Consent Calendar

• The consent agenda was approved unanimously, including two items: (1) grant of slope easement to the San Diego County Water Authority in Mission Trails Regional Park, and (2) grant of private driveway access easement to Frank O. Herman Trust across city-owned property at 12144 Proctor Valley Road.

Public Comments & Testimony

Non-Agenda Public Comment

• Ellen Stone, chair of the San Diego chapter of the American Tiny House Association, expressed support for the committee's prior approval of a municipal code amendment permitting movable tiny homes as a naturally occurring affordable housing option. She requested an update on the timeline and offered technical assistance.
• Mo Rosenberg, a land use consultant, criticized the lack of timeliness in the community planning process (e.g., Uptown planning took 8 years) and urged a temporary workable solution for applications that meet city and community needs.

Item 3: Community Planning Group Reforms Twenty-three public speakers addressed the committee. The majority supported the task force recommendations; key speakers included:

• Barbara Torres (Claremont resident, CPG member): Supported reforms, stating her CPG lacked diversity and had a majority of homeowners and retirees, and that the current process maintains the status quo.
• Marissa Tucker (North Park Planning Committee, renter): Supported all recommendations, arguing renters are underrepresented despite being 57% of county households and bearing the brunt of the housing crisis. She specifically supported a renter category.
• Patrick Santana (Uptown Planners member): Shared the story of Oscar, a Latino renter who was blocked from running because he had only signed in at two prior meetings instead of three, highlighting exclusionary rules. He noted Uptown’s CPG is 100% white while the community is 25% people of color, and only 1 of 17 members is a renter.
• Wally Wolfeck (chair of CPC): Asked the committee to consider CPC’s column A recommendations, noting that many reforms are already in process, and warned against a one-size-fits-all approach.
• Jim Barrows (Normal Heights CPG): Spoke against several recommendations (5, 9, 20, 21, 24, 25, 27), citing burdens on volunteers and questioning the city’s authority to collect religious demographic data.
• Other supporters included representatives from Housing You Matters, California YIMBY, the San Diego Regional Chamber of Commerce, and developers who emphasized the need for transparency and training.

Item 4: Complete Communities Housing Solutions Initiative

• John Seymour (National Community Renaissance): Opposed the requirement that market rate developers build affordable units on-site rather than paying the in-lieu fee. He argued this would prevent affordable housing developers from leveraging state funds (e.g., IIG, TOD grants) to produce more units through fee use.
• Janet Temple registered support in favor without speaking.

Discussion Items

Item 3: Revision to Council Policy 600-24 – Community Planning Group Reforms Staff and task force members presented a menu of 33 recommendations derived from the City Auditor, Grand Jury, and Democracy and Planning reports. The task force met for two months, and the CPC supported 10 recommendations as is, 18 with modifications, and rejected five. Key discussion points included:

• Recommendation 9 (recording meetings): Councilmember Sherman advocated for 9B (mandatory video/audio recording of land use items); Councilmembers Campbell and Ward supported 9A (relying on written minutes). No second was received for 9B, effectively killing it.
• Recommendation 10 (EIR comments): Sherman moved 10B, requiring CPGs to submit comments before the public review period closes.
• Recommendation 15 (renter seat): Sherman proposed 15C, defining a distinct renter category and setting a minimum of one seat.
• Recommendation 19 (disbandment/consolidation): Councilmember Campbell offered a substitute motion to designate failing CPGs as “inactive” rather than disbanding, which passed unanimously.
• Recommendation 21 (term limits): Sherman moved 21B, requiring a two-year wait before termed-out members can run again. The motion carried (Sherman and Campbell in favor; Ward opposed).
• Recommendation 27 (Form 700 filings): Ward moved to continue the item for city attorney consultation with the FPPC (option 27A), which passed unanimously.
• The main motion (excluding 9B, 10B, 15C, 19B, 21B, 27B, 29B) was approved unanimously.

Item 4: Complete Communities Housing Solutions Initiative Planning Director Mike Hanson and staff presented the draft program, designed to lift regulatory barriers and incentivize housing near transit. Key elements:

• Requirements: Located in transit priority areas (TPAs) with multifamily zoning; affordable housing exceeding inclusionary requirements by 10% for households up to 120% AMI (no in-lieu fee option); replacement of existing affordable units; neighborhood-serving amenities (fee or on-site); and design standards for buildings over 90 feet.
• Incentives: Ministerial permit processing, increased floor area ratio (FAR) up to 8.0 in urban areas and no limit downtown, FAR-based height, affordable housing waivers, and reduced development impact fees (based on square footage, not unit count).
• Councilmembers Campbell and Sherman expressed support, particularly for fee restructuring and the flexibility to build community amenities like undergrounding utilities and storm channel improvements. The item was informational; no vote was taken.

Key Outcomes

• CPG Reforms Package: The committee approved a comprehensive motion (by Sherman, seconded by Ward) that adopted most recommendations (1A, 2A, 3A, 4A, 5A, 6A, 7A, 8A, 11B, 12A, 13B, 14A, 16B, 17A, 18A, 22A, 23B, 24A, 25B with added ECAL training, 26A with mandatory training, 27B? Actually 27A was separate, 28A, 30B, 31A, 32A, 33A) and then separately addressed items 9, 10, 15, 19, 21, 27, and 29. (Note: The motion text is complex; see transcript for exact list.)
• Item 27 (Form 700): Motion by Ward to have city attorney consult FPPC (27A) passed unanimously.
• Item 9 (taping): No motion passed; effectively rejected in favor of written minutes.
• Item 19 (failing CPGs): Motion by Campbell to designate inactive status (rather than disbandment) passed unanimously.
• Item 21 (term limit waiting period): Motion by Sherman for a two-year cooling-off period passed (2-1, with Ward opposing).
• Item 4: No action required; staff will continue development and bring ordinance to future hearings.

Overall, the meeting advanced significant policy changes to increase transparency and inclusivity in community planning while setting the stage for a major housing incentive program.