BILL ANALYSIS
SB 1177
Page 1
Date of Hearing: June 21, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1177 (Kehoe) - As Amended: June 1, 2010
SENATE VOTE : 21-13
SUBJECT : 22nd District Agricultural Association (District):
greenway zone
SUMMARY : Requires the District to develop two sections of a
greenway zone at the Del Mar Fairgrounds; this zone must include
extensions of the Coast to Crest Trail (CCT).
EXISTING LAW :
1)Section 3873 of the Food and Agriculture Code establishes the
District (there are 54 such districts in the state). 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.
2)The California Coastal Act of 1976 requires a person proposing
development in the coastal zone to first obtain a coastal
development permit from the California Coastal Commission
(CCC).
THIS BILL :
1)Requires the District to develop, manage, and maintain
two-sections of a minimum 100-foot wide greenway zone along
the north bank of the San Dieguito River at the Del Mar
Fairgrounds:
a) The first section, from Interstate 5 to Jimmy Durante
Boulevard (JD Blvd.) and the JD Blvd. Bridge, must be
developed by January 1, 2012, subject to the issuance of a
coastal development permit (CDP) by the CCC, if required.
This section must include the existing San Dieguito River
Park Joint Powers Authority (JPA) educational boardwalk and
the CCT, and be completed.
b) The second section must be developed from the JD Blvd.
Bridge west to the San Diego Northern Railway right-of-way
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prior to or contemporaneous with the construction of a
replacement exhibit hall, as specified and subject to the
issuance of a CDP by the CCC.
2)Requires the greenway zone to be designed in consultation with
the JPA, the Department of Fish and Game (DFG), and the
Department of Parks and Recreation, and the maintenance of the
CCT to be the responsibility of the JPA.
3)Restricts certain activities of the District with respect to
the CCT and requires it to issue an easement to the JPA for
the design, construction, maintenance, and monitoring of the
CCT extension.
4)Requires each section of the greenway zone to be developed for
the purpose of protecting, enhancing, and restoring the
overall environmental quality of the San Dieguito River and
adjacent wetlands. The greenway zone must be permanently
dedicated to the use and enjoyment of the public.
5)Requires the District to develop, and seek necessary permits
for the construction of, a public access trail as an extension
of the CCT in the greenway zone between JD Blvd. and the San
Diego Northern Railroad right-of-way.
6)Requires the District to submit its plan for implementation of
the entire greenway zone to the CCC at any time prior to, but
no later than, the date the district applies for a CDP for the
replacement of an existing exhibit hall.
7)Specifies that, unless otherwise directed, the use of certain
truck trailers must be limited to the annual fair season when
the San Diego County Fair is open to the public, and during
the annual period when live horse racing is open to the
public.
FISCAL EFFECT : According to the Senate Appropriations
Committee, $1.4 million to develop the greenway zone and CCT.
However, these costs may be required as a condition of future
regulatory permits regardless of the enactment of this bill.
COMMENTS : This bill embodies a conflict in values between the
District, who desires to redevelop the Del Mar Fairgrounds,
including a limited trail and buffer area, according to its
vision, and the author, who believes the environmentally
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sensitive and biologically productive setting of the fairgrounds
deserves a more expansive greenway zone (e.g., 100 feet) that
would complement and enhance on-going restoration efforts of the
San Dieguito River Valley and lagoon.
1)Background : The District is a state agency that operates the
400-acre Del Mar Fairgrounds, located in the City of Del Mar
and the City of San Diego. The District has circulated a Draft
Environmental Impact Report (DEIR) for its Master Plan
amendments that propose phased development of a condo-hotel,
conference center and 60,000 square foot sports and fitness
complex with lighted playing fields. A Final EIR is expected
later this year. The amendments update a 1985 Master Plan and
will guide the development of the fairgrounds for the next 15
years. Master Plans generally propose capital projects that
will allow districts to become more self-sufficient. In this
case, the District is seeking to diversify its revenue base
given a significant decline in revenue from horseracing
operations.
The fairgrounds were developed on historic tidal marshland,
filled wetlands, and the floodplain of the San Dieguito River,
which has a long history of overflowing its banks and flooding
portions of the fairgrounds. They are surrounded by more than
600 acres of natural habitat including a Southern California
Edison restoration project required as mitigation for the San
Onofre Nuclear Generating Station. This mitigation has
created more than 150 acres of coastal wetlands, opened the
river lagoon at its mouth, more than doubled the presence of
bird species, and now sustains diverse fish populations. The
JPA and DFG also manage habitat near the fairgrounds.
Finally, the Administration has signaled its support for selling
all or part of the fairgrounds to the City of Del Mar.
Negotiations are apparently on-going. It is unclear how a
sale will affect development of the Master Plan.
2)Resources agencies express unequivocal support for a wider
greenway : The DEIR appears to propose construction of a
10-foot wide recreational path along or within a landscaped
berm of varying width (about 20-60 feet wide) along the San
Dieguito River. Comments submitted by the CCC, DFG, and U.S.
Fish and Wildlife Service (USFWS) all cite the need for a
minimum 100-foot buffer along the river with the path sited on
the outside edge of the buffer and fencing between the path
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and buffer to prevent human or pet encroachment. As stated in
a comment letter from the latter two agencies, "Buffers should
be of sufficient width and should be designed to eliminate
potential disturbance of fish and wildlife resources from
noise, human activity, feral animal intrusion, and any other
potential sources of disturbance. Therefore, [DFG and USFWS]
recommend that a minimum 100-foot buffer be included between
the proposed development and wetlands."
The basis for this recommendation is clear: three state or
federally-endangered bird species and their nesting sites have
been observed on or near the fairgrounds site; environmentally
sensitive riparian habitat, including remnant wetlands; and,
extensive restoration efforts to create over 150 acres of
coastal wetland habitat.
Among other concerns, the CCC has questioned whether the
proposed condo-hotel, to be sited on public trust lands, would
be consistent with its recreation and "lower-cost visitor"
policies. Since the condo-hotel would constitute a
quasi-residential use, CCC staff has stated it would not
endorse such a proposal and the State Lands Commission has
objected to the sale of trust lands for private residential
use.
3)Recipe for building a 100-foot greenway zone : In extremely
detailed fashion, this bill outlines specific development and
procedural requirements for a greenway zone. It requires the
District to develop a minimum 100-foot wide greenway zone
along the San Dieguito River in two phases: the first phase,
to be developed furthest from existing fairground buildings,
is required to be developed by January 1, 2012; the latter
would be developed contemporaneous with the build-out of
certain portions of the Master Plan. Additionally, the bill
details agency consultation requirements, development of an
extension of the adjacent Coast to Crest Trail, interim
activities and prohibitions, and requirements to obtain
regulatory approvals, such as a CDP. Some of the bill's
provisions codify recommendations of CCC, DFG, or USFWS
contained in DEIR comments.
One could argue that the bill may be premature given that fact
that the EIR process has not yet concluded and regulatory
review has not yet commenced. Nonetheless, it is entirely
within the author's prerogative to codify the above
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requirements given the potential adverse impacts associated
with development of the Master Plan, the ecological and
regional importance of the area, and the priority the author
places on ensuring its continued revival. The bill has also
motivated on-going negotiations with the District on language
that will be acceptable to all parties.
4)Opposition concerns : In opposition to the bill, the District
argues that a 100-foot greenway zone will force the District
to suffer $6 million in future revenue losses presuming build
out of its Master Plan. The District alleges that the
greenway will encroachment upon an access road, a recycling
area, two maintenance buildings, and 104,000 square feet of
exhibit space, and other facilities. It believes that such
revenue loss would prevent the District from meeting minimum
bond coverage ratios required in its bond covenants. It also
projects a $7 million decrease in food vendor receipts, a loss
of 1900 fair-related jobs leading to a decrease of $150
million to the region.
These estimates, prepared by the District, appear to represent a
worst-case scenario. The District is a number of years away
from receiving any permits for its project and may not be
pursuing development in the near future due to economic
conditions. Moreover, a proposed conference center and hotel
complex within a few miles of the fairgrounds may bring
competitive pressures even more challenging than a greenway.
5)Technical amendments : Amendments are necessary in
subdivisions (e) and (h) of the bill to ensure internal
consistency between "public access trail," "recreational
trail," and "Coast to Crest Trail," all of which refer to the
same thing. Another amendment is necessary in subdivision (f)
to eliminate the presumption that a CDP would be required. If
approved by this committee, these amendments will be adopted
in Assembly Agriculture Committee should it approve the bill.
6)Dual-referral : This bill will be re-referred to the Assembly
Agriculture Committee should it be approved by this committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Buena Vista Audubon Society
SB 1177
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City of Del Mar
City of Solano Beach
Coastwalk California
Friends of San Dieguito River Valley
Endangered Habitats League
Move San Diego
Nature Conservancy
Pam Slater-Price, San Diego County Board of Supervisors
San Diego Coastkeeper
San Diego County Bicycle Coalition
San Dieguito River Park Joint Powers Authority
Torrey Pines Community Planning Board
Opposition
22nd District Agricultural Association (Del Mar Fairgrounds)
Art Attacks Ink, LLC
Barmaper & Associates
Chicken Charlie's
Chuckwagon
DBA Granite Transformations of San Diego
Fay Brothers, Inc.
La Valencia Hotel
Legoland California Resort
Premier Food Services, Inc.
Foxy's Restaurant
R.A. Rauch & Associates
Rancho Bernardo Inn
Reno's Fish & Chips, Inc.
Santa Anita Park
Skyline Sunrooms Inc.
The Cooper Kettle
Total Graphics, Inc.
Vita-Mix Corp
16 Individuals
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092