Agenda Item IV.D. – Land Development Code Update

[Matt Tucker]

Sir / Ma’am,

 

It was recently brought to my attention that an amendment to the City’s Land Development Code has been proposed that would allow the City Manager to approve complete departure from the legal one-hour average sound level limits for designated events (Item 11 of the proposed 2026 Land Development Code update).  It appears that this proposal would effectively remove protections for residents who live near common sources of excessive event noise such as Gallagher Square.

 

Over the past several years, the City of San Diego has progressively adopted policies that show a desire to cater to businesses and a disregard for the impacts to its residents.  Since the construction of the Sycuan Stage in what is now Gallagher Square, the frequency and noise levels of Padres sponsored events have significantly increased, and what was once a friendly community park seems now closed to the public (in whole or part) more often than not.  The more frequent events have brought more traffic, more trash on the streets, more noise during concerts and fireworks shows, and more noise from cleaning/maintenance staff.  And unlike the sound levels from events held within PETCO, which are largely contained by the ballpark, noise from Gallagher Square is pumped directly into the surrounding residences and businesses.  

 

Two years ago, the City failed once again, as it allowed the Padres to embark on renovations and enhancements to their Gallagher Square concert venue without having to comply with the full Discretionary Permit process to ensure noise pollution and other environmental impacts were adequately understood, in accordance with the California Environmental Quality Act. The Padres had already consistently demonstrated a failure to adhere to existing laws regarding noise pollution prior to this project, and since its completion, they have continued to flagrantly violate the legal sound level limits.

 

As a resident of The Legend building directly adjacent to Gallagher Square, I frequently find myself unable to carry on a normal conversation or watch television or listen to music at normal volumes, much less go to bed or enjoy quiet time inside my own home during concert events.  During many events, pictures and mirrors hanging on the walls of my home shake and rattle against the walls from the concerts’ bass frequencies.  I have recorded peak decibel levels well in excess of 120dB on my external balcony, and experience steady noise levels in excess of 80dB inside my home during these events.  This, despite numerous noise complaints, calls directly to the Padres, and attempts at engagement from building HOAs and community associations.

 

I am confident that, if existing guardrails are completely removed as this change proposes, these conditions would immediately be exacerbated.  I have little trust that the City Manager has the best interests of residents in mind, and believe this proposed change would be used to remove many or all of the limits (such as they are) that have so far prevented living near Gallagher Square from becoming completely untenable.

 

The city government is failing to protect the interests of San Diego residents.  They must hold businesses accountable for adhering to laws and regulations regarding noise levels in residential areas, and that can’t happen when their chosen action is instead to remove those limits altogether (in contravention of CA law).  The City Council must demonstrate to the residents of San Diego that it does not set aside their well-being to cater to billion dollar corporations.

 

The City Council must remove Item 11 from the 2026 Land Development Code Update prior to final passage, and direct the City Planning Department to rework the amendment to SDMC § 59.5.0401(a) with meaningful guardrails, including a decibel ceiling, duration limits, public notice requirements, required findings, and an appeal process for inclusion in a subsequent Land Development Code update.

 

 

Best Regards,

 

Matt Tucker

East Village Resident

 

[Nathan Sandoz]

Hello,

As a downtown resident, I'm very strongly in support of the DCPC requesting the removal of Item 11 in the 2026 LDC Update.  The points presented by Gary Hewitt are very important and extremely valid - events in the community that are allowed to exceed established noise ordinance thresholds, especially when close to residential areas, will be detrimental to the health and well-being of nearby residents.  I'm struggling to see how a change of this magnitude could be passed as just a "clarification" and without consideration of the impact in accordance with CEQA and mitigation measures that have previously been put in place.  

As noted in my email to Councilmember Whitburn and Mayor Gloria, I am almost 100% confident that the language was changed to allow the concerts at Gallagher Square to continue, which have sustained, continuous noise at 90+ decibels throughout their length and has caused much distress to myself and other residents who live nearby.  One of the Padres and City's arguments to continue these concerts was that they were allowed as "special events" - the problem for them was that the language around special events in the Code does not explicitly allow for exemptions to the established noise ordinances.  This new amendment will finally give them their loophole - the City Manager will rubber stamp any event at Gallagher Square as a special event, thus allowing them to continue the noise violations.

Thank you for your work and bringing this to our attention, as the City no doubt intended to hide this as best they could.  If there's any other information or action on my part, please let me know.  

Nate Sandoz

---------- Forwarded message ---------
From: Nathan Sandoz <nath...@gmail.com>
Date: Mon, May 18, 2026 at 11:25 PM
Subject: 2026 LDC Update - Remove Item 11
To: <Stephen...@sandiego.gov>, Office of Mayor Todd Gloria <MayorTo...@sandiego.gov>

Dear Mayor Gloria and Councilmember Whitburn:

I am writing this email to request that Item #11 be removed from the 2026 Land Development Code update.  The language used to define the change as a "clarification" is very misleading, in my opinion - it is an entirely new exception and thus deserves much more careful analysis as to the impact to residents in San Diego.

As a resident of downtown, I have major concerns with the City having the discretion to grant permits to exceed allowable noise decibels without any guardrails whatsoever.  Under this revised language, the city can grant a permit with no defined decibel limit or no duration limit.  This is a significant change and needs to require further analysis as to the health and safety of residents, as well as allow for an appeal process for affected residences.  

Noise ordinances are set for a reason - to protect the health of residents that can be seriously harmed by continued exposure to decibels exceeding those thresholds established within the city's noise ordinances.  The ability for the City to circumvent these ordinances is extremely concerning without further detail as to the circumstances when this would be allowed, and why.  

I have sent previous emails to your offices about the continued noise violations that have occurred with the concerts occurring at Gallagher Square.  I have no doubt that one of the uses of this change in wording will be for the City to grant special permits to any concert that the Padres hold in Gallagher Square that currently violate city noise ordinances established in the San Diego Municipal Code Section 59.5.0401 (as it currently stands).  I have previously explained that these concerts blasting music at 90+ decibels has greatly affected the enjoyment of my home as I live very close to the park - I've been forced to leave my home or attempt to block out the noise with headphones while these concerts are occurring.  I know many others in the neighborhood feel the same, but the City continues to ignore these concerns.  

In addition to the requested removal, I would appreciate a response with specifics as to why this change to the LDC is necessary at this time?

Regards,

Nate Sandoz

[Alexandre Laudet]

To whom it may concern, 

I was simultaneously flabbergasted and outraged to learn that the city is considering allowing venues and businesses to obtain blank exemptions from the existing noise ordinance limitation, including in areas with residential buildings.

As East Village residents, our community and we have been fighting for several years for the Padres to respect the existing noise ordinance during its Gallagher Square concerts that can last up to six hours; they blare thumping noise that have been measured at up to 95 dB from inside our homes, cause vibration from the external steel plate onto the concrete building so that everything shakes on our walls and shelves. Because of pre-event sound checks and rehearsals, area residents are frequently subjected to a concert twice (soundcheck and rehearsal, and actual concert). As it stands, 29 concerts are announced between today and the end of October https://www.mlb.com/padres/tickets/concerts

In addition to the Gallagher Square concerts, we are of course subjected to loud noise emanating from every surrounding bar and restaurant, particularly on weekends - sometimes until midnight. 

I need not point out that there is overwhelming scientific evidence documenting the harms to both physical and mental health from regular and prolonged exposure to loud noises. East village residents are families and individuals, including young children who are especially affected by noise and need restful sleep.  We are individuals who need to get up refreshed in the morning to tend to our responsibilities and professions but often find it challenging to do so when we are subjected to multiple nights of thumping, blaring music until 11pm and beyond. 

I respectfully urge the city to remove item 11 from the 2026 land development code update prior to final passage, and direct the City planning department to rework the amendment to SDMC § 59.5.0401(a) with meaningful guardrails, including your decibel ceiling duration limits public notice requirements required findings and an appeal process for inclusion in a subsequent land development code update.

In addition, we would like to see the city focus on:

• Enforcing existing noise standards consistently,
• Limiting late-night amplified events
• requiring stronger noise mitigation measures.
• Improving sound, monitoring an accountability.
• Protecting the rights of taxpaying residence who leave permanently in the area.

The East Village is changing rapidly in the past few years, increasingly being transformed into a partying destination much unlike when many of us bought or leased our units. Nonetheless,  East village residents should not be expected to endure extreme, toxic noise intrusion that materially affects their homes,  health,  sleep, and quality of life to accommodate expanding concert operations and drinking venues.

Thank you for your consideration. 

Best regards, 

Alexandre Laudet 

800 the mark lane 

Mark condo owner 

San diego, 92101

[alexandre laudet]

(Resending for the third time since yesterday as it keeps getting returned) 

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