BILL ANALYSIS
SB 1177
Page 1
Date of Hearing: June 30, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
SB 1177 (Kehoe) - As Amended: June 1, 2010
SENATE VOTE : 21-13
NATURAL RESOURCES 6-3
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|Ayes:|Chesbro, Brownley, DeLeon, |
| |Hill, Huffman, Skinner |
| | |
|-----+------------------------------|
|Nays:|Gilmore, Knight, Logue |
| | |
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SUBJECT : Agriculture: 22nd District Agricultural Association:
greenway zone.
SUMMARY : Requires the 22nd District Agricultural Association
(22nd DAA) to develop, manage and maintain a 100-foot wide
greenway zone (greenway) along the San Dieguito River (River)
and develop a public access trail (trail) for the greenway.
Specifically, this bill :
1)Requires the 22nd DAA to develop, manage, and maintain two
sections of a 100-foot wide greenway zone along the north bank
of the River on the Del Mar fairgrounds.
a) Requires the eastern section of the greenway, from
Interstate 5 to Jimmy Durante Boulevard (JD Blvd.) and the
JD Blvd. Bridge, to be completed by January 1, 2012,
subject to California Coastal Commission (CCC) permits if
needed. Requires the section to include the River Park
Joint Powers Authority (JPA) education boardwalk and the
Coast to Crest trail (CCT).
b) Requires the western section of the greenway, from the
JD Blvd. Bridge to the San Diego Northern Railway right of
way, prior to or with the replacement of the exhibit hall,
as described in the 22nd DAA 2008 Master Plan (MP), subject
to CCC permits, if needed.
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2)Requires the greenway to be designed in consultation with the
JPA, the Department of Fish and Game (DFG), and the Department
of Parks and Recreation (DPR). Requires the greenway
accommodate the CCT, to be designed in consultation with the
JPA, DFG and DPR, and, that this portion of the CCT be managed
and maintained by the JPA.
3)Requires the 22nd DAA, prior to the implementation of any 2008
MP projects, to remove all stored materials as specified.
Requires the 22nd DAA to issue an easement to the JPA for an
extension of the CCT.
4)Declares that each section of the greenway be developed to
enhance and restore the environmental quality of the adjacent
water ways. Requires native plants to be planted in the
greenway. Declares the extension of the CCT is not limited by
the design of other sections of the CCT.
5)Requires the 22nd DAA to develop a trail along the western
portion of the greenway as specified, in consultation with the
JPA, DFG and DPR. Requires the 22nd DAA to acquire all the
permits for the construction of the trail.
6)Requires the 22nd DAA to submit plans for the whole greenway
to the CCC prior to the date it applies for costal development
permits to replace the existing exhibit hall. Requires the
western section of the greenway to be completed before the
issuance of a certificate of occupancy for the new exhibit
hall.
7)Requires that if the 22nd DAA ceases to exist or sells the
property, the greenway and trail will remain open to the
public as a condition of any sale or be transferred to the JPA
or DFG.
8)Requires that truck trailers, in certain areas of the
fairgrounds, may only be used for storage during the annual
fair season and the annual horse racing season, when the
fairground is open to the public. Bans the use of signage on
truck trailers at anytime.
EXISTING LAW creates 54 DAAs in the state, with the powers and
duties to run county fairs. (Food and Agriculture Code (FAC)
Section 3801-4060)
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Allows the 22nd DAA to expend funds for a horse racing operation
on the fairgrounds and requires the State Race Track Leasing
Commission to prepare a master plan for the long-range
comprehensive development and improvement of, and construction
upon, the property of the 22nd DAA. (FAC section 4155-4156)
Requires a person proposing development in the costal zone to
obtain a costal development permit from the CCC. (Public
Resource Code Section 30000-30900)
FISCAL EFFECT : This bill has been keyed fiscal by Legislative
Counsel.
COMMENTS : The 22nd DAA manages and operates the Del Mar
Fairgrounds, the Horsepark, and the Del Mar Golf Center, on
behalf of the State of California. The 22nd DAA, in operation
since 1938, is located in San Diego County between the Pacific
Ocean and Interstate 5 along the River. In 2009, Governor
Schwarzenegger proposed selling the 22nd DAA fairgrounds, along
with other state properties, to help reduce California's
multibillion dollar shortfall.
According to a recent news article, Bill Leonard, the State and
Consumer Services Agency Secretary, announced a deal that would
transfer the fairgrounds in Costa Mesa to the newly formed
Orange County Fairgrounds Authority, jointly owned by the city
of Costa Mesa and the Costa Mesa Public Finance Authority.
The 22nd DAA's 2008 MP for Del Mar Fairgrounds and Horsepark
updates the 1985 MP. The 2008 MP proposes a number of
improvements to the Del Mar Fairgrounds, such as new exhibit
halls with rooftop sports fields, condominium hotels, and other
key improvements in an attempt to promote the Del Mar mission as
a self-sustainable regional asset. The 2008 MP final
Environmental Impact Report (EIR) is due out later this year.
Supporters of this bill state the 22nd DAA 2008 MP does not
include adequate preservation and accessibility along the River.
By requiring the 22nd DAA to develop a 100-foot greenway along
the River and maintain a public access trail, there would be a
reduced impact of the proposed fair development on the River,
which is part of a larger 600-acre natural habitat and
restoration project. A greenway would enhance public access
along the River. U.S. Fish and Wildlife Service and DFG have
recommended that the 22nd DAA incorporate a minimum 100-foot
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buffer along the River for the retention of wetlands and
biological resources.
According to the author, the 100-foot greenway along the north
bank of the River, within the fairgrounds property, represents
less than 4% of the Fairgrounds property. It is consistent with
the policy of the CCC, DFG and Game and U.S. Fish and Wildlife
Service. Supporters state that this bill will preserve and
enhance a one of a kind River front and make it available for
future generations.
Opponents state the proposed greenway will cause the 22nd DAA to
lose $6 million in future revenue based on the 2008 MP. The
greenway will encroach on an access road, a recycling center,
two maintenance buildings, over 100,000 feet of exhibit space
and other facilities on the fairgrounds. Such a loss would
prevent the 22nd DAA from meeting its bond coverage ratio
required by its bond contract. The 22nd DAA projects up to a $7
million decrease in food vendor receipts and up to 1900 fair
related jobs lost, with a negative $150 million economic impact
on the region. As the California State budget has tighten in
the past decade, California fairs have needed to become more
self-sufficient and self-funded, opponents point out that this
bill would have an adverse on the ability of the 22nd DAA to
remain self-sufficient.
Opponents also point out that the loss of the access road may
cause problems for public safety vehicles and response time for
emergencies on the fair grounds. The Office of the State Fire
Marshal states that without the access road there is no
alternative to provide adequate fire department access and would
violate California Fire law. The access road, during the fair
season, accommodates 640 daily busses. Without the access road,
traffic on JD Blvd will worsen. The committee may wish to
consider if the loss of the access road creates public safety
issues that require mitigation or require that the access road
remain open for use by the 22nd DAA and public safety vehicles.
The 22nd DAA 2008 Master plan's EIR has not been finalized. The
CCC acknowledged that all the projects included in the 2008 MP
will require coastal development permits from the CCC or the
cities of Del Mar and San Diego. Furthermore, the bulk of the
2008 MP projects will most likely be subject to direct CCC
review and approval. This bill would supersede the normal
regulatory review process, which has not begun in full. The
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committee may wish to consider if it is appropriate to impose
the greenway on the 22nd DAA before the 2008 MP has had a chance
to move through the regulatory process.
The committee may wish to consider three alternative options for
the Del Mar fairgrounds greenway as follows: 1) Require a 100
foot greenway as a condition of the sale of the 22nd DAA
property; 2) Require a minimum 50 foot greenway, which may only
be reduced if public safety is compromised and only for that
area where public safety is needed; or 3) Require that the 22nd
DAA development plans require a greenway which will not impact
public safety .
The committee may wish to consider the following technical
amendments, which were agreed upon in the Assembly Committee on
Natural Resources, to ensure internal consistency as it relates
to the differing referencing to the greenway trail, to eliminate
in subdivision (f) the presumption that a coastal development
permit would be required and clarifying language.
RELATED LEGISLATION : SB 1321 (Kehoe) of 2010 would authorize
that the director of the Department of General Services and
secretary of the Department of Food and Agriculture may
designate a deputy to act in his or her place on the State Race
Track Leasing Commission (SRTLC) with all the rights and powers
as the respective director for SRTLC. SB 1321 is on Assembly
third reading.
REGISTERED SUPPORT / OPPOSITION :
Support
Buena Vista Audubon Society
California Chaparral Institute
City of Del Mar
City of Solana Beach
Coastwalk California
Endangered Habitats League
Friends of the San Dieguito River Valley
Lakeside's River Park Conservancy
Move San Diego
Project Wildlife
San Diego Coastkeeper
San Diego County Bicycle Coalition
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San Diego County Supervisor:
Pam Slater-Price
San Diego River Coalition
San Diego River Park Foundation
San Dieguito River Park Joint Powers
Authority
Sierra Club, San Diego Chapter
The Nature Conservancy
Torrey Pines Community Planning Board
13 individuals
Opposition
22nd District Agricultural Association
(Del Mar Fairgrounds)
Art Attacks Ink LLC.
Barmapers & Associates
California Thoroughbred Breeders Association
Chicken Charlie's
Chuckwagon
Del Mar Thoroughbred Club
Event Food Services
Granite Transformation of San Diego
Keep Safe of California
La Valencia Hotel
Legoland California Resort
Lori's Concessions
Premier Food Service, Inc.
R.A. Rauch & Associates
Rancho Bernardo Inn
Rawlings Concessions
Reno's Fish and Chips, Inc.
Roxy's Restaurant
Santa Anita Park
Skyline Sunrooms Inc.
Slipper and More
The Copper Kettle
Total Graphics
Vita-Mix
Western Fairs Association
10 individuals
Analysis Prepared by : Victor Francovich / AGRI. / (916)
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319-2084