BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: SB 1169 HEARING DATE: March 27, 2012
AUTHOR: Kehoe URGENCY: No
VERSION: As Introduced CONSULTANT: Alena Pribyl
DUAL REFERRAL: No FISCAL: No
SUBJECT: Natural community conservation planning
BACKGROUND AND EXISTING LAW
The city of San Diego has over 10,000 acres of open space owned
in fee title by the city, that are eligible for conversion from
"designated" open space to "dedicated" open space. "Dedicated"
open space offers greater protection to the land because it
cannot be sold or exchanged without a 2/3 vote of the people.
Open space land that is listed as "designated" may be sold or
traded by a vote of the City Council. Conversion of city open
space from "designated" to "dedicated" may be accomplished with
a city ordinance or with a statute of the State Legislature.
San Diego has been unable to secure city funding to convert the
land from "designated" to "dedicated" open space, thus is
seeking a statute from the State Legislature.
The impetus for this conversion of open space land is that in
1997, San Diego signed a 50-year agreement with the U.S. Fish
and Wildlife Service to conserve approximately 55,000 acres of
open space within San Diego under the Multiple Species
Conservation Program (MSCP). The MSCP is a long-term habitat
conservation planning program that is designed to preserve
native habitat for multiple species rather than focusing efforts
on one species at a time. The MSCP works in accordance with the
California Natural Community Conservation Planning Act (NCCPA;
FGC �2800) which has the stated goals of conserving, protecting,
restoring, and enhancing natural communities. San Diego's MSCP
has been developed cooperatively by participating
jurisdictions/special districts in partnership with
federal/state wildlife agencies, property owners, and
representatives of the development industry and environmental
groups.
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A report to the city council from 2006 (Report No. 06-168)
identified over 16,000 acres of open space within San Diego as
eligible for conversion from "designated" to "dedicated" open
space. In 2007, a resolution was unanimously passed by the
mayor and city council to support the effort to convert this
land to dedicated open space. That same year, SB 373 (Kehoe)
enabled the conversion of approximately 6,600 acres of the over
16,000 acres identified in the report, to be converted to
dedicated open space. There still remains about 10,000 acres
that need to be converted. Under the NCCPA, the legislature is
to provide assistance with the implementation of natural
community conservation plans.
PROPOSED LAW
This bill would convert the 10,000 acres of remaining
"designated" open space land identified in the document
"Declaration of the Dedication of Land" to "dedicated" open
space land.
ARGUMENTS IN SUPPORT
According to mayor Sanders and the San Diego city council, the
cost to San Diego to convert the 10,000 acres of land from
designated to dedicated open space would be in excess of $2
million. By dedicating these lands via a Legislative statute,
maximum protection can be afforded to the identified 10,000
acres without incurring the estimated $2 million cost.
Supporters listed below cite the cost savings to San Diego and
the help it will provide in meeting San Diego's regional
conservation goals in the MSCP.
ARGUMENTS IN OPPOSITION
None Received
SUPPORT
Azalea Park Neighborhood Association
City of San Diego
Council Member Anthony Young
Council Member David Alvarez
Council Member Marti Emerald
Council Member Sherri S. Lightner
Council Member Todd Gloria
Endangered Habitats League
Estrada Land Planning
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Friends of Rose Canyon
Friends of Switzer Canyon
San Diego Audubon Society
San Diego Canyonlands
San Diego Coastkeeper
San Diego Unified School District
The Friends of Tierrasanta Canyons
OPPOSITION
None Received
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