BILL ANALYSIS
AB 81 X3
Page 1
Date of Hearing: September 9, 2009
ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND
INTERNET MEDIA
Mike Davis, Chair
AB 81 X3 (Hall) - As Introduced: September 9, 2009
SUBJECT : Land use: City of Industry: stadium complex
SUMMARY : Exempts from the California Environmental Quality Act
(CEQA) activities associated with development and operation of a
stadium complex in the City of Industry, as specified, and
further exempts actions taken by the City of Industry from any
legal requirements concerning a general plan, or consistency
with a general plan, as specified. Specifically, this bill :
1)Exempts the City of Industry's actions regarding a stadium
complex and associated development which was submitted on or
before January 31, 2009, from any legal requirement concerning
the content of a general plan or consistency with a general
plan, and declares that those requirements shall not result in
the invalidation of those approvals and decisions. Further
declares that a consistency determination is not required by
the City of Industry for any decision with respect to the
project.
2)Exempts from CEQA a stadium complex and associated development
in the same project or approval which was submitted on or
before January 31, 2009 to City of Industry, as specified.
3)Requires, notwithstanding the CEQA exemption, that the stadium
complex and associated development must comply with those
mitigation measures that are contained in a mitigation
monitoring and reporting program adopted by the City of
Industry in connection with the stadium complex and associated
development. (See Comment 7 below for discussion.)
4)Declares that a special law is necessary and that a general
law cannot be made applicable within the meaning of Section 16
of Article IV of the California Constitution.
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5)Provides that the provisions of the bill would apply
prospectively and retroactively to any litigation pending at
the effective date of this act.
6)Makes various legislative findings and declarations.
EXISTING LAW :
1)CEQA requires lead agencies with the principal responsibility
for carrying out or approving a proposed project to prepare a
negative declaration, mitigated declaration, or environmental
impact report (EIR) for this action, unless the project is
exempt from CEQA (CEQA includes various statutory exemptions,
as well as categorical exemptions in the CEQA guidelines).
[AB 889 (Knox), Chapter 154, Statutes of 1972, as amended]
2)Requires each planning agency to prepare and the legislative
body of each county and city adopt a comprehensive, long-term
general plan for the physical development of the county or
city, and of any land outside its boundaries which in the
planning agency's judgment bears relation to its planning.
3)Requires that the general plan consist of a statement of
development policies and shall include a diagram or diagrams
and text setting forth objectives, principles, standards, and
plan proposals, as specified. (See Comment below for greater
detail.)
4)States that in construing the provisions of the article
regarding the authority for and scope of general plans, the
Legislature intends that the general plan and elements and
parts thereof comprise an integrated, internally consistent
and compatible statement of policies for the adopting agency.
5)States that the Legislature finds that the diversity of the
state's communities and their residents requires planning
agencies and legislative bodies to implement this article in
ways that accommodate local conditions and circumstances,
while meeting its minimum requirements.
6)States that the general plan shall address each of the
required elements to the extent that the subject of the
element exists in the planning area. The degree of specificity
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and level of detail of the discussion of each element shall
reflect local conditions and circumstances.
FISCAL EFFECT : Unknown
COMMENTS :
1)Proposed stadium project : Recent news reports have detailed
the effort to move a City of Industry National Football League
(NFL) stadium effort forward, select excerpts of which follow:
Billionaire developer and Majestic Realty Co. owner Edward
Roski, Jr. hopes to break ground next year on the $800 million
stadium and retail complex on 600 acres of hills northwest of
the 57 and 60 freeways. Officials say the stadium would seat
75,000 people, have 175 suites and create 6,000 jobs. ? The
proposal is seen as the best hope to bring football back to
Southern California after bids from Anaheim, Los Angeles,
Carson, Pasadena and others have fizzled.
Since both the Raiders and the Rams left the region after the
1994 season, communities across the Southland have tried to
rally support for NFL stadiums within their boundaries, to
little avail. Anaheim and Carson considered but ultimately
abandoned the idea of building stadiums. Pasadena's Rose Bowl
and the Los Angeles Memorial Coliseum both were ultimately
rejected as potential sites, either because they were
civically unpopular (Pasadena) or structurally unsuitable (the
Coliseum).
The NFL is not planning on expanding. However, the developers
of the new stadium have claimed on their website that their
tenant will be an existing team that needs to move because
they cannot build a new stadium or financially they are not
successful in their current market. The two former Los
Angeles teams, the St. Louis Rams and Oakland Raiders, have
both been rumored to be considering a return to Southern
California. Other teams mentioned include the San Francisco
49ers, San Diego Chargers (which also once played in Los
Angeles, in 1960), Minnesota Vikings, Jacksonville Jaguars and
Buffalo Bills.
2)Sponsors statement of support for legislation : According to
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information provided by the bill's sponsor, Majestic Reality,
the proposed stadium developer, "(I)n 2004, the City of
Industry approved the Industry Business Center project, a 4.8
million square-foot industrial, office, and, retail
development. The City prepared and certified a full EIR for
the 2004 project. There were no legal challenges to the 2004
EIR or the City of Industry's approval of the 2004 Industry
Business Center project.
"As approved by the City of Industry, use of the NFL stadium
is restricted to no more than 40 events a year. The project
is environmentally state-of-the-art. It includes extensive
onsite use of photovoltaics, a requirement to meet LEED
standards, and a transit plan including shuttles to encourage
alternative transportation. With the reduction in intensity
at the site, from the previously approved 4.8 million square
feet to 2.9 million square feet (not including the NFL
stadium), average daily traffic generated from the site will
be far less. Parking for the NFL stadium is provided fully on
site.
"The project has widespread support from labor, business, and
local government leaders - many of whom wrote letters or
testified in favor of the project. The 2008 Industry Business
Center will create 12,000 construction jobs and 6,700
permanent jobs. Construction of the NFL stadium will be
through a project labor agreement. The 2008 Industry Business
Center will create over $760 million annually in economic
activity."
Finally, the author adds, "(U)nlike most CEQA exemptions that
allow no environmental review to be conducted and no
mitigation to be adopted, this proposed legislation requires
Industry to continue to impose the mitigation it already
adopted through the CEQA process. In other words, if the
proposed legislation is adopted, the project will still be a
LEED project, will still include extensive onsite use of
photovoltaics, and will be subject to the other mitigation the
City of Industry approved. But it also provides that the City
of Industry's CEQA review for the project cannot be challenged
and that the project approvals are not subject to further CEQA
review."
3)Pending lawsuit is impetus for legislation :
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Walnut City filed suit against the City of Industry stadium
project, challenging the validity of the CEQA EIR, along with
twelve additional causes of action, including the adequacy of
the City of Industry's state mandated master plan, in part
saying,
The City of Walnut filed a lawsuit this morning against
the City of Industry, challenging its February 26
approval of the NFL Stadium complex without an adequate
EIR. As approved, the project will exacerbate
unhealthful air quality and traffic congestion in the
region while diminishing the quality of life in Walnut.
? As indicated in Walnut's many comment letters to
the City of Industry, the project as approved would
result in significant environmental and economic
consequences to the City of Walnut. While the project
proponent suggests economic growth in the region,
although debatable based on published literature,
neighboring cities such as Walnut and Diamond Bar would
realize significant traffic impacts, noise, air and
light pollution, and other impacts that would
jeopardize the health, safety and welfare of its
residents.
In response, the City of Industry has asserted, "In 2008,
Majestic Realty proposed to revise the 2004 Industry Business
Center project by reducing the intensity from 4.8 million
square feet to 2.9 million square feet and an NFL stadium.
The 2008 revised plan of development for the Industry Business
Center includes an NFL stadium and office, retail, restaurant,
and medical office uses along with team offices and a practice
facility. The City of Industry prepared a supplemental EIR -
a nearly foot-thick document (not counting the lengthy
technical appendices) - for the 2008 revised plan of
development.
"The project did not amend the general plan and the City of
Industry found that that the project is consistent with its
existing general plan. But Walnut is citing an obscure line
of cases that could be read to allow it to challenge the
adequacy of the City of Industry's general plan - even though
the project did not require a general plan amendment - to try
to force the City of Industry to amend its general plan for
the entire city before it can approve this project. The
second part of the proposed legislation would exempt the
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project from the requirement that the City of Industry's
entire general plan be adequate before it can approve this
project."
4)Background - CEQA : CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that there would not be a significant
effect on the environment, the lead agency must prepare a
negative declaration. If the initial study shows that the
project may have a significant effect on the environment, the
lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant environmental
impact expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to
the proposed project. Prior to approving any project that has
received environmental review; an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or
monitoring program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure must
be discussed but in less detail than the significant effects
of the proposed project.
5)Background - City and County General Plans : The Legislature
first authorized counties and cities to adopt master plans in
1927. Since 1937, state law has mandated every county and
city to adopt a master plan. Starting in 1955, the
Legislature began requiring the local plans to contain
mandatory elements. Now called general plans, these
long-range comprehensive documents must contain seven
mandatory elements: land use, circulation, housing,
conservation, open space, noise, and safety.
Existing law requires that the general plan consist of a
statement of development policies and shall include a diagram
or diagrams and text setting forth objectives, principles,
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standards, and plan proposals. The plan shall include the
following elements:
a) A land use element that designates the proposed general
distribution and general location and extent of the uses of
the land for housing, business, industry, open space,
including agriculture, natural resources, recreation, and
enjoyment of scenic beauty, education, public buildings and
grounds, solid and liquid waste disposal facilities, and
other categories of public and private uses of land. The
location and designation of the extent of the uses of the
land for public and private uses shall consider the
identification of land and natural resources. The land use
element shall include a statement of the standards of
population density and building intensity recommended for
the various districts and other territory covered by the
plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to
flooding identified by flood plain mapping prepared by the
Federal Emergency Management Agency (FEMA) or the
Department of Water Resources.
b) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, and military airports and
ports, and other local public utilities and facilities, all
correlated with the land use element of the plan.
c) A conservation element for the conservation,
development, and utilization of natural resources including
water and its hydraulic force, forests, soils, rivers and
other waters, harbors, fisheries, wildlife, minerals, and
other natural resources.
d) A safety element for the protection of the community
from any unreasonable risks associated with the effects of
seismic and geological hazards, flooding, and wild land and
urban fires.
e) A housing element as prescribed in statute.
f) An open-space element as prescribed in statute.
g) A noise element that shall identify and appraise noise
problems in the community.
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6)Opposition: respect CEQA and judicial process : On September
8, 2009, the Los Angeles County Board of Supervisors voted to
oppose any legislation that would grant the proposed City of
Industry Football Stadium and Entertainment complex an
exemption from the requirements of CEQA, saying, "(W)hile
there are many reasons to support the development of a new NFL
Football stadium in Los Angeles County, there are just as many
reasons to ensure that the project complies with the same
environmental regulations that govern virtually all projects
in California. Hospitals, police stations, freeways and all
sorts of valuable projects manage to be built without the
necessity of CEQA exemptions.
"CEQA, enacted by the Legislature in 1970, is the primary
state law that exists both to inform the public about
significant environmental effects of proposed projects and to
identify ways that environmental impacts can be mitigated once
identified. The Legislature has historically been very
reluctant to grant any project an exemption. If such an
exemption were warranted, it should have the benefit of
thorough public review and analysis. Clearly, such a tough
standard cannot be achieved in the waning few days of the
legislative session."
According to the bill's sponsors, all CEQA requirements have
been complied with, citing both the 2004 EIR and subsequent
revision submitted in 2008. The Los Angeles County Federation
of Labor adds in support of this measure, "There are those who
characterize our efforts as undermining California's
environmental standards. We firmly disagree. This project -
one that has undergone and completed 2 EIRs and has sought to
mitigate all known environmental impacts - will provide for
the first ever "Green" Stadium in the nation. Such a project
is a far cry from other more controversial and troubling
projects and to characterize it as such is simply incorrect.
We have and will continue the fight for a clean environment in
our communities."
Walnut City also opposes the CEQA exemption. In addition,
Walnut opposes, "circumventing the courts for the sake of
building a stadium and entertainment complex, because it
eliminates faith in the judicial branch's ability to reliably
rule on environmental laws as Majestic/City of Industry have
needlessly sought delays in hearings while appealing to the
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legislature to subsidize/approve the stadium and entertainment
complex project."
7)CEQA EIR mitigation measures must be complied with under
legislation :
This bill would exempt from CEQA any activity incidental to
the development, operation, or maintenance of a stadium
complex and associated development if specified requirements
are met. However, the bill would require the city to require
the stadium complex and associated development to comply with
those mitigation measures that are contained in a mitigation
monitoring and reporting program that is adopted by the City
of Industry in connection with the stadium complex and
associated development.
These mitigation requirements are as follows:
a) The supplemental environmental impact report for the
stadium complex and associated development was prepared and
certified by the City of Industry within five years before
the effective date of the act adding this section.
b) A Metrolink station is located, as of the effective date
of the act adding this section, within one-half mile from
the project site for the stadium complex and associated
development.
c) The supplemental environmental impact report for the
stadium complex and associated development included an
analysis of greenhouse gas emissions.
d) The conditions of approval approved by the City of
Industry, or the mitigation measures in the supplemental
environmental impact report for the stadium complex and
associated development, restricts the number of events that
may be held in the stadium complex to not more than 45
events in each calendar year.
1)Special law justification : This bill declares that a special
law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of
the California Constitution because the stadium complex and
associated development will provide unique and urgently needed
economic stimulus to the Los Angeles, Orange, Riverside, and
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San Bernardino Counties, and including an estimated 18,700
jobs, seven hundred sixty million dollars ($760,000,000) in
annual economic activity, and twenty-one million dollars
($21,000,000) in estimated annual tax revenues.
REGISTERED SUPPORT / OPPOSITION :
Support
Majestic Realty (Sponsor)
Association for Los Angeles Deputy Sheriffs
California State Association of Electrical Workers
California State Pipe Trades Council
Los Angeles Chamber of Commerce
Los Angeles County Federation of Labor
Los Angeles County Firefighters, Local 1014
Western States Council of Sheet Metal Workers
Opposition
American Planning Association
County of Los Angeles
Walnut City
Analysis Prepared by : Dana Mitchell / A.,E.,S.,T. & I.M. /
(916) 319-3450