BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: SB 1177 HEARING DATE: April 13, 2010
AUTHOR: Kehoe URGENCY: No
VERSION: As Introduced CONSULTANT: Bill Craven
DUAL REFERRAL: Food and AgricultureFISCAL: Yes
SUBJECT: Agriculture: 22nd District Agricultural Association:
greenway zone.
BACKGROUND AND EXISTING LAW
Section 3873 of the Food and Agriculture Code establishes the
22nd District Agricultural Association. This state agency's
activities include the San Diego County Fair and horseracing in
the summer at the Del Mar Thoroughbred Club. Its activities
occur on state land. The fair is advertised as the largest in
the state. The association has approximately 400 acres of land
on which it operates these facilities, plus another
approximately 50 acres on the east side of I-5.
The fairgrounds property is surrounded by more than 600 acres of
natural habitat including an $80 million restoration project of
Southern California Edison that was required for mitigation of
the San Onofre Nuclear Generating Station (SONGS).
The largest piece of the property used by the agricultural
district's facilities is located on the north side of San
Dieguito River very close to where the river empties into the
Pacific Ocean. The eastern border of the fairgrounds is I-5, and
the northern border is a street, Via de la Valle. The southern
edge of the property essentially borders the river, although
parts of the southernmost lands are in the floodway of the river
or are marsh lands. Jimmy Durante Boulevard bisects the site
and provides access to the parking lots and continues southward
into the City of Del Mar. The property is bordered by Del Mar
and the City of San Diego.
The San Dieguito River has a long history of overflowing its
banks and flooding the fairgrounds property, including its
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parking lots. The fairground is located within the floodplain of
the river.
The agricultural association is proceeding with its plans to
develop a hotel and convention center and other new facilities
on the land. Some documents refer to the hotel as a "condominium
hotel." These projects are part of a 15 year Master Plan that
would be developed in stages. It proposes a total of 18
separate projects including a new parking structure, a hotel and
convention center, and a 60,000 square foot sports/fitness
complex with lighted playing fields on top of three of the
buildings. As a state agency, the proposed project is not
subject to the zoning ordinances adopted by the City of Del Mar
or the City of San Diego and the tallest proposed buildings
would exceed the applicable height limits of the two cities.
The site is in the coastal zone and was built on filled
wetlands, prior to the Coastal Act. The draft environmental
impact report (DEIR) generated significant public and agency
comments, including comments from the Coastal Commission and two
wildlife agencies, the U.S. Fish and Wildlife Service and the
California Department of Fish and Game.
The ongoing mitigation of the coastal lagoon has created more
than 150 acres of coastal wetlands, restored the flows of the
river at its mouth, more than doubled the presence of bird
species and created a huge fish population (estimated at 12
million) where once no fish could live.
Given that the fairgrounds are within the coastal zone, the
Coastal Commission comments were supportive of the district's
effort to modernize and improve the visitor experience at the
fairgrounds. However, it questioned why the DEIR failed to
mention the restoration of the coastal lagoon and the sections
of the Coast to Crest Trail that are proposed for the footprint
of the proposed fairground complex. It was also concerned that
the project could reduce public access to the coast and
adversely affect sensitive habitat and wetlands. It expressed
concern about the possible proposed filling of wetlands to
create parking lots which would not be permissible under the
Coastal Act. It was also concerned the proposed hotel and a
protective berm would be located within 100 feet of the river,
which may not be an adequate setback from the river or adequate
to protect sensitive habitat.
The commission stated that the proposed project should
incorporate a significant greenbelt along the river to enhance
recreational user and visitor experience through the area in
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ways that are consistent with the Coastal Act.
DFG, in conjunction with the U.S. Fish and Wildlife Service,
also had a range of comments on the proposed projects effects on
biological resources. Specific to the issue of a buffer, these
comments noted that while the agricultural district was
proposing a narrow buffer adjacent to the river that would
include a 10 foot wide public trail, that the proposed buffer
was too narrow and inconsistent with Fish and Game Commission
policy. The two wildlife agencies recommended a minimum 100 foot
buffer between the proposed development and the wetlands in
order to minimize potential disturbance of fish and wildlife
from noise and human activities.
Over the years, as various projects along the San Dieguito River
were considered, the cities of Solano Beach and Del Mar often
broached the question of how to establish a permanent buffer
zone along the river that could be incorporated into the
restoration of the lagoon, increase public access to the site,
reduce flooding risks, and assist in developing a more robust
eco-tourism industry. Those discussions have not resulted in an
agreement.
A small portion of the Coast to Crest Trail now exists along the
south side of the river. For the trail to be extended inland as
proposed, it would need to cross the river to the fairgrounds
side in order to avoid some railroad tracks.
The administration has signaled its support in selling some of
the land. The City of Del Mar has signaled its interest in a
purchase. No agreements have been announced. In fact, there is
no public information on whether negotiations are underway.
PROPOSED LAW
SB 1177 would direct the agricultural association to consult
with DFG and the California Department of Parks (DPR) in
designing a greenway of at least 100 feet on fairgrounds
property from I-5 west to the railroad tracks along the northern
edge of the San Dieguito River. The purpose of the greenway is
to enhance and restore the overall quality of the San Dieguito
River and the adjacent wetlands and to help reduce flooding. The
district would develop and manage a trail in the greenway zone.
DFG would consult on habitat issues and DPR would consult on the
trail construction. The agricultural association would submit
its implementation plan to DFG and DPR prior to July 1, 2011.
The two consulting agencies would respond by January 1, 2012.
The agricultural association would incorporate the
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recommendations of the two agencies and apply for all necessary
permits prior to January 1, 2012. The bill directs the
association to complete construction by January 1, 2014. The
greenway could not be used for development or parking and would
be permanently dedicated to the use and enjoyment of the public
so that if the fairgrounds is sold, the greenway and public
access would remain.
ARGUMENTS IN SUPPORT
According to the author, the buffer zone proposed by the
agricultural district is inadequate to meet the needs of the
public. Parts of the district's proposed buffer are wide, but
those areas are within relatively unusable marshlands. Nearer to
the proposed new development, beginning near Jimmy Durante
Blvd., the agricultural district proposal is for buffer zone
that ranges from 105 feet to 30 feet at its narrowest, including
a trail that would be 10 feet wide. Such a narrow buffer would
not be suitable for a trail that would be safe for pedestrians,
bicyclists, children in strollers, rollerbladers, and visitors
in wheelchairs, the author stated.
The San Diego River Coalition said its experience with
inadequate buffers along its namesake river should not be
repeated along the San Dieguito River. Adequate buffers can
provide space for groundwater infiltration, natural water
treatment capabilities, space for wildlife, and space for
people.
The San Dieguito River Valley Conservancy underscores the
importance of understanding that the fairgrounds property is
state land and that the agricultural association is a state
agricultural agency. Given the development proposals of the
association, the conservancy argues that direct, protective
legislation is needed. The conservancy points out that the river
is the central feature of the 55-mile regional San Dieguito
River Park and is an element in the $86 million lagoon
restoration project, and that the development would adversely
affect the plan to extend the Coast-to-Crest trail along this
stretch of the river. `
The California Chaparral Institute argues that the restoration
efforts in the affected watershed that have been a focus of
several nonprofit groups and local governments have the
potential to turn this location into one of the great urban
parks in the country.
San Diego Coastkeeper says that the northern parts of San Diego
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County contain a series of lagoons, including San Dieguito, that
serve an important role for wildlife and for improving and
maintaining water quality. It also supports enhanced public
access to this area through the requirements of the greenbelt
provision.
The Endangered Habitats League supports the greenway in light of
the extensive development planned by the agricultural
association.
ARGUMENTS IN OPPOSITION
The Del Mar Fairgrounds opposes the bill based in part on its
view that the bill would adversely affect the fairgrounds
revenues to such an extent that its covenants involved in
specific bond agreements would be violated. It projects a $6
million decrease in revenues which would trigger the
association's inability to meet the minimum bond coverage ratios
required in its bond covenants. It also projects a $7 million
decrease in food vendor receipts. The Fairgrounds state that the
revenue to debt service requirement is 200% and that in recent
years, because of the decrease in revenues in the horse racing
industry, that the association's ratios in 2008 and 2009 were
216% and 228%, respectively.
According to the letter from the fairgrounds, SB 1177 would also
affect 1900 jobs at the fair causing an annual loss of $150
million to the region, jeopardize capital improvements in the
horse-racing facilities, eliminate emergency response to a major
portion of the property, increase traffic on Jimmy Durante
Blvd., and effect the fairgrounds' ability to serve as a county
evacuation site.
The President of the Del Mar Fairgrounds separately stated that
at least on the southeastern portion of the fairgrounds property
that a greenway and "pathway" have already been constructed and
he objects to the "minimum 100 foot" requirement in SB 1177.
SUPPORT
City of Del Mar
City of Solana Beach
C3 - Citizens Coordinate for Century 3
California Chaparral Institute
Coastwalk California
Endangered Habitats League
Friends of the San Dieguito River Valley
Lakeside's River Park Conservancy
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Move San Diego
North County Coastal Group of the Sierra Club
Project Wildlife
San Diego Audubon Society
San Diego Coastkeeper
San Diego County Bicycle Coalition
San Diego County Supervisor Pam Slater-Price
San Diego River Coalition
San Diego River Park Foundation
San Dieguito River Park Joint Powers Authority
San Dieguito River Valley Conservancy
Sierra Club - San Diego Chapter
The Nature Conservancy
The Trust for Public Land
Torrey Pines Community Planning Board
12 Individuals
OPPOSITION
President of Del Mar Fairgrounds
Del Mar Fairgrounds
Premier Food Service
Chuckwagon
Reno's Fish and Chips
Santa Anita Park
20 individuals
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