San Diego Land Use and Housing Committee Meeting – December 9, 2021

The Land Use and Housing Committee met via Zoom on Thursday, December 9, 2021, at 1:00 PM. Chaired by Council President Pro Tem Stephen Whitburn, the committee considered three items: a consent agenda item on a joint use agreement with SDG&E, a discussion item on a lease surrender with the American Institute of Architects, and a major proposal to amend cannabis outlet regulations. After extensive public testimony and committee debate, the cannabis amendments were continued to the February 2022 meeting following a lack of a second for approval and a unanimous vote to continue.

Consent Calendar

• Item 1: Authorization to enter into a joint use agreement with San Diego Gas & Electric Company for use of a portion of public right-of-way known as Eastgate Mall. Approved unanimously (4-0).

Public Comments & Testimony

• Non‑Agenda Public Comment: Five speakers (Judy Strang, Carol Green, Kathleen Lippett, William Purno, Barbara Gordon) urged postponement of the cannabis item (Item 3), citing lack of public notice, inadequate community input, and the planning commission's earlier request for a delay. Several noted the challenge of remote participation during the pandemic.
• Item 2 – Lease Surrender (AIA): No public speakers.
• Item 3 – Cannabis Amendments: 14 speakers addressed the committee. Opponents (including Carol Green, Dawn Kamale, Becky Rapp, Kelly McCormick, Francine Maxwell of NAACP, Lisa Bridges, Judy Strang, Kathleen Lippett, Terri Ann Skelly, and Dr. Lynn Silver) argued that the proposed changes would weaken protections for youth, churches, parks, and residential areas; that the process lacked community outreach; and that the state guidelines are minimums, not ceilings. Supporters (including Alex Schrader, Summer Bales of the Chamber of Commerce, Virginia Casey of Blue Water Government Affairs, Lisa Cohen of SDRC 21 Plus, and attorney Jessica McElfresh) stressed alignment with state law, fairness for businesses affected by redistricting, and the need to unlock the remaining 10 of 36 allowed permits. They also cited over $25 million in annual tax revenue from current outlets.

Discussion Items

• Item 2 – Lease Surrender with American Institute of Architects: Staff presented a request to terminate the lease for the former Downtown Johnny Brown's site at 1220 Third Avenue. The AIA, a tenant in good standing, asked to exit due to fundraising challenges and the pandemic. Councilmember LaCava raised a question about the Surplus Land Act; staff clarified that any lease over 5,000 sq ft and three years would require a disposition process. The item was approved unanimously.
• Item 3 – Amendments Related to Cannabis Outlets: Jacob O'Neill (District 3 policy director) presented the proposal to align city regulations with state law. Key changes included:
  • Expanding operating hours from 7 AM–9 PM to 6 AM–10 PM daily.
  • Reducing the list of sensitive uses from 11 (including parks, churches, libraries, residential zones) to three (schools, daycare centers, youth centers).
  • Reducing the distance requirement from 1,000 ft to 600 ft for those three uses, measured property‑line‑to‑property‑line (instead of topographically).
  • Codifying that existing outlets redistricted into a new district with a full cap may continue operating, and allowing amendments to their CUPs without considering district changes.
  • The planning commission had continued the item to February 3, 2022 for community outreach and a hearing before the Community Planners Committee. Committee members LaCava and Moreno expressed concerns about insufficient public engagement, and President Ilo Rivera noted the pending social equity assessment (target completion: end of 2022).
  • Councilmember LaCava asked the City Attorney to clarify the effective date of redistricting; the City Attorney confirmed that new boundaries take effect November 2022, removing the claimed urgency.
  • Chair Whitburn moved to approve the staff recommendation, but no second was offered. Councilmember LaCava then moved to continue the item to the February 2022 Land Use and Housing Committee meeting; the motion was seconded and passed unanimously (4-0).

Key Outcomes

• Consent Item: Approved unanimously (4-0).
• Item 2: Lease surrender and termination agreement with AIA approved unanimously (4-0).
• Item 3 (Cannabis Amendments): The committee voted unanimously (4-0) to continue the item to the Land Use and Housing Committee meeting scheduled for February 2022. The next consideration will occur at the San Diego Planning Commission on February 3, 2022.
• The committee approved minutes from November 3, 2021, unanimously.