OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Diego Land Use and Housing Committee Meeting - September 23, 2022

Land Use & Housing CommitteeFriday, September 23, 2022
BodySan Diego, California
SessionLand Use & Housing Committee
DateFriday, September 23, 2022
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Good afternoon and welcome to the September 22nd, 2022 Land Use and Housing Committee meeting.

0:05

Until further notice, committee meetings will be conducted pursuant to the provisions of California Government Code, Section 54953E, added by Assembly Bill 361, which allows the city to use teleconferencing and to provide the public an opportunity to address the City Council via call-in option or an internet-based service option during a proclaimed state of emergency.

0:26

While the public is allowed to attend the meetings in person, we encourage you to maintain six feet of social distance as well as follow California mask guidelines where masks are strongly recommended.

0:36

In addition to being able to attend in person, this meeting is being televised and live streamed on the city's website, and the committee liaison will continue to make arrangements for the public to comment using the Zoom webinar platform.

0:48

Additionally, members of the public who wish to provide testimony via call-in or internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first.

1:06

This will allow for better meeting management between the two platforms and ensure the council is able to manage and conduct city business.

1:13

We appreciate the public's cooperation.

1:15

I will now call the meeting of the land use and housing committee of Thursday, September 22nd, 2022 to order.

1:22

Let me call the roll.

1:23

Councilmember Whipper.

1:25

Here.

1:25

Councilmember Kate.

1:27

Here.

1:29

And Chair Moreno is not present.

1:31

And I am Councilmember Joe Locava, Vice Chair of the Land Use and Housing Committee, and will be chairing today's meeting in Chair Moreno's absence.

1:39

And of course, I am here as well.

1:41

Also attending the meeting is Chris Ackerman of Vila with the Mayor's office.

1:46

Corinne Newfer with the City Attorney's Office.

1:48

Gillian Cassie with the Independent Budget Analyst Office.

1:52

And Kevin Smith, the Land Use and Housing Committee Consultant.

1:56

Mr.

1:56

Smith will now go over some details regarding how the public can participate in the meeting.

2:01

Mr.

2:02

Smith.

2:03

Thank you, Vice Chair Lakava.

2:04

If you are attending in person and wish to speak on any items, please complete a speaker slip located at the entrance of chambers and place it in the box indicated at the speaker's lectern at the front of the room.

2:16

Please do so in a timely manner to ensure proper meeting management.

2:20

Members of the public can join the webinar by computer, tablet, or smartphone by accessing the link which is listed online in the preamble language of the agenda on the city's webpage.

2:31

The link to join the committee meeting webinar by computer, tablet, or smartphone is listed on the agenda.

2:36

To join the Zoom webinar by telephone, please dial 1669-254-5252.

2:43

When prompted, input webinar ID 161-042-5337 pound.

2:49

This information is also available on the agenda and will appear on the screen during the public comment period for each agenda item.

2:56

Members of the public who wish to provide testimony via a call-in or an internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first.

3:12

Please note that if you are watching via City TV 24 or online, there may be a delay.

3:19

Please participate via the audio on your phone and mute your TV or computer when it is your turn to speak.

3:27

When the item you would like to comment on is introduced, please raise your hand by either tapping the raise your hand button on your computer, tablet, or smartphone phone, or by pressing star 9 on your phone.

3:37

You will be taken in the order in which you raise your hand.

3:40

You may only speak once on a particular item.

3:44

When I indicate it as your turn to speak, I will call you by your name as it appears on the Zoom webinar attendee list.

3:51

Or I will read out the last four digits of your phone number if you have called into the meeting.

3:56

That is how you will know it is your turn to speak.

3:59

If you are in person, please come up to the reserve seats at the front of the room when your name is called and be prepared to come up to the lectern in the order called.

4:07

If you have joined the webinar by a computer, tablet, or smartphone, you will receive a pop-up notice to select to unmute your device.

4:15

If you have called into the meeting by cell phone or landline, press star six on your phone to unmute yourself.

4:22

We will review these instructions briefly again when the public comment period on an item is open.

4:28

Please wait until the item you wish to speak to has been called before raising your hand to speak.

4:34

If you raise your hand during a non-comment period, your hand will be lowered.

4:38

When you are announced as the next speaker, please unmute yourself and offer your comments.

4:43

Also, please mute the volume on your TV or computer before you begin to speak.

4:51

Thank you.

4:52

A quorum is now present.

4:54

We will now take up the approval of the committee actions of September 8, 2022.

4:59

Mr.

5:00

Smith, please proceed with public comment for this item.

5:03

Thank you, Vice Chair Lakava.

5:04

The public comment period for this item is now open.

5:07

If you are attending in person, please be sure to have your speaker slips submitted and come to the reserve seats at the front of the room when your name is called and be prepared to come into the lectern and the order called.

5:17

Members of the public who wish to provide testimony via a call-in or an internet based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first.

5:33

If you have already joined the Zoom webinar online or by phone, please raise your hand if you wish to speak.

5:40

If you are watching on City TV or the live stream online and would like to call into the meeting to speak, please call 1669 2545252 when prompted input webinar ID 161042-537 pound.

Discussion Breakdown — Share of Meeting
Cannabis Regulation█████████████████████████████████████████████57%
Public Comment██████████13%
Procedural███████9%
Public Engagement███████9%
Public Health██████8%
Affordable Housing███4%
Summary of Proceedings

San Diego Land Use and Housing Committee Meeting - September 23, 2022

The Land Use and Housing Committee met on September 23, 2022, with Vice Chair Joe Locava presiding in Chair Moreno's absence. The committee approved previous minutes, heard non-agenda public comment, and considered a proposed municipal code amendment related to cannabis conditional use permits (CUPs). The sole substantive item was Item 2, which addressed redistricting and permit extension issues. The committee voted unanimously to recommend the amendments to the full City Council.

Consent Calendar

  • Approved the committee actions of September 8, 2022, unanimously (3-0).

Public Comments & Testimony

Non‑Agenda Public Comment:

  • Judy Strang (parent advocate) reported that Encinitas, Del Mar, and Solana Beach have banned smoking on public streets, and urged San Diego to consider a similar measure to reduce tobacco litter and smoking behavior.
  • A caller (last four digits 7968) spoke in favor of affordable housing and homeless shelter, citing outreach efforts and a conversation with a Housing Authority attendee.
  • Kathleen Lippitt warned against commercialization of marijuana, citing recent L.A. Times investigative reporting and urging the city to consider the data.

Item 2 – Cannabis CUP Amendments:

  • Terry Best (District 3, Chair of San Diego Americans for Safe Access) requested that 10 additional licenses that might become available due to the redistricting amendment be reserved for social equity applicants.
  • Armand King (victim of the war on drugs, served three years for cannabis) supported reserving licenses for social equity and thanked the committee for changing terminology from “marijuana” to “cannabis.”
  • Scott Chipman (San Diego’s for Safe Neighborhoods) opposed the amendments, arguing the city has “bent over backwards” for the industry, changed definitions (park, youth‑oriented facility, distance measurements), and accommodated operators with stipulated judgments. He stated that the industry harms public health and safety.
  • Phil Rath (United Medical Marijuana Coalition) supported both amendments as “common sense fixes,” noting that the first prevents permits from disappearing due to redistricting and the second closes a loophole that allows permit holders to avoid five‑year reviews.
  • Joyce (caller, last four digits 7968) did not take a position on the technical amendments but urged more focus on treatment and rehabilitation for drug users.
  • Barbara Gordon opposed increasing the number of CUPs, citing health risks: 22% more ER visits, brain development impairment, higher risk of anxiety and suicidal thoughts, 9% dependency rate, and 6% of traffic accidents due to marijuana use.
  • Becky Rapp (parent and public health educator) opposed increasing the cap beyond 36, stating that the community was promised four outlets per district and that redistricting should not break that promise.
  • Judy String (parent advocate) supported keeping the cap at 36 regardless of redistricting, and emphasized the need for treatment and the message that “what you permit, you promote.”
  • Kathleen Lippitt (again) argued that using census data to justify five outlets in one district is “specious,” and called for transparency on LLC operators and noted Governor Newsom’s recent signing of SB 1186, which she said broke local control protections.

Discussion Items

Item 2 – Proposed Municipal Code Amendments (Section 4 141.0504) – Cannabis CUPs

Staff (Travis Cleveland, Lara Gates) presented two amendments:

  1. Redistricting: Currently, cannabis outlets are capped at four per council district (36 citywide). Due to the 2022 redistricting, 12 of 27 permitted outlets will change districts, leaving District 1 with five outlets. The amendment allows any outlet that changes districts due to redistricting to continue at its current location and renew its CUP in perpetuity, regardless of the new district’s count, subject to compliance.
  2. Permit Extensions: CUPs for cannabis currently expire every five years. The code allows amendments to extend the expiration date during processing, but without a time limit, some applications have taken over a year, effectively holding the permit. Five CUPs have already expired (dates from January 2020 to September 2021). The amendment clarifies that amendment applications closed due to inactivity no longer extend the original permit.

Staff noted that the Planning Commission voted 7‑0 and the Community Planners Committee voted 24‑3‑1 in favor of these amendments. The Cannabis Equity Assessment is scheduled for City Council on October 11, 2022.

Committee Discussion:

  • Councilmember Whitburn thanked staff and the public, noted the strong support from planning bodies, and moved to approve.
  • Councilmember Kate seconded and asked about the cannabis equity assessment (staff confirmed October 11 hearing), the percentage of the legal market (staff did not have an answer but promised to follow up), and local/state efforts to regulate THC levels (staff said state discussions are ongoing, no city action).

Key Outcomes

  • The committee voted 3‑0 to recommend that the City Council approve the proposed amendments to San Diego Municipal Code Section 4 141.0504 regarding redistricting and automatic extension of conditional use permits for cannabis operations.
  • The item will be forwarded to the full City Council for action.
  • Item 1 (donation of the Atisha Trust property) was returned to staff for further consideration at staff’s request.
  • The meeting adjourned to the next Land Use and Housing Committee meeting on October 20, 2022, at 1 p.m.

Meeting Transcript

Good afternoon and welcome to the September 22nd, 2022 Land Use and Housing Committee meeting. Until further notice, committee meetings will be conducted pursuant to the provisions of California Government Code, Section 54953E, added by Assembly Bill 361, which allows the city to use teleconferencing and to provide the public an opportunity to address the City Council via call-in option or an internet-based service option during a proclaimed state of emergency. While the public is allowed to attend the meetings in person, we encourage you to maintain six feet of social distance as well as follow California mask guidelines where masks are strongly recommended. In addition to being able to attend in person, this meeting is being televised and live streamed on the city's website, and the committee liaison will continue to make arrangements for the public to comment using the Zoom webinar platform. Additionally, members of the public who wish to provide testimony via call-in or internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first. This will allow for better meeting management between the two platforms and ensure the council is able to manage and conduct city business. We appreciate the public's cooperation. I will now call the meeting of the land use and housing committee of Thursday, September 22nd, 2022 to order. Let me call the roll. Councilmember Whipper. Here. Councilmember Kate. Here. And Chair Moreno is not present. And I am Councilmember Joe Locava, Vice Chair of the Land Use and Housing Committee, and will be chairing today's meeting in Chair Moreno's absence. And of course, I am here as well. Also attending the meeting is Chris Ackerman of Vila with the Mayor's office. Corinne Newfer with the City Attorney's Office. Gillian Cassie with the Independent Budget Analyst Office. And Kevin Smith, the Land Use and Housing Committee Consultant. Mr. Smith will now go over some details regarding how the public can participate in the meeting. Mr. Smith. Thank you, Vice Chair Lakava. If you are attending in person and wish to speak on any items, please complete a speaker slip located at the entrance of chambers and place it in the box indicated at the speaker's lectern at the front of the room. Please do so in a timely manner to ensure proper meeting management. Members of the public can join the webinar by computer, tablet, or smartphone by accessing the link which is listed online in the preamble language of the agenda on the city's webpage. The link to join the committee meeting webinar by computer, tablet, or smartphone is listed on the agenda. To join the Zoom webinar by telephone, please dial 1669-254-5252. When prompted, input webinar ID 161-042-5337 pound. This information is also available on the agenda and will appear on the screen during the public comment period for each agenda item. Members of the public who wish to provide testimony via a call-in or an internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony or before the virtual speaking queue is exhausted, whichever occurs first. Please note that if you are watching via City TV 24 or online, there may be a delay. Please participate via the audio on your phone and mute your TV or computer when it is your turn to speak. When the item you would like to comment on is introduced, please raise your hand by either tapping the raise your hand button on your computer, tablet, or smartphone phone, or by pressing star 9 on your phone. You will be taken in the order in which you raise your hand. You may only speak once on a particular item. When I indicate it as your turn to speak, I will call you by your name as it appears on the Zoom webinar attendee list. Or I will read out the last four digits of your phone number if you have called into the meeting. That is how you will know it is your turn to speak. If you are in person, please come up to the reserve seats at the front of the room when your name is called and be prepared to come up to the lectern in the order called. If you have joined the webinar by a computer, tablet, or smartphone, you will receive a pop-up notice to select to unmute your device. If you have called into the meeting by cell phone or landline, press star six on your phone to unmute yourself. We will review these instructions briefly again when the public comment period on an item is open. Please wait until the item you wish to speak to has been called before raising your hand to speak. If you raise your hand during a non-comment period, your hand will be lowered. When you are announced as the next speaker, please unmute yourself and offer your comments. Also, please mute the volume on your TV or computer before you begin to speak. Thank you.

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