Bill Text: CA SB1177 | 2009-2010 | Regular Session | Amended
Bill Title: Agriculture: 22nd District Agricultural Association:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-07-01 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on AGRI. [SB1177 Detail]
Download: California-2009-SB1177-Amended.html
BILL NUMBER: SB 1177 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 1, 2010
AMENDED IN SENATE JUNE 1, 2010
INTRODUCED BY Senator Kehoe
FEBRUARY 18, 2010
An act to add Section 4158 to the Food and Agricultural Code,
relating to agriculture.
LEGISLATIVE COUNSEL'S DIGEST
SB 1177, as amended, Kehoe. Agriculture: 22nd District
Agricultural Association: greenway zone.
Existing law provides that the state is divided into agricultural
districts in which 50 or more persons, who are residents of a
district, may form a district agricultural association for the
purpose of holding fairs for exhibiting all of the industries and
industrial enterprises, resources, and products of the state and
constructing, maintaining, and operating recreational and cultural
facilities.
This bill would require the 22nd District Agricultural Association
(district) to develop, manage, and maintain a minimum 100-foot wide
greenway zone at a specified location, a specified section of which
would be required to be completed by January 1, 2012, as specified,
for the purpose of protecting, enhancing, and restoring the overall
environmental quality of the San Dieguito River and adjacent
wetlands. The district also would be required to develop a public
access trail in the greenway zone, as specified. The district would
be required to submit its plan for implementation of the greenway
zone to the California Coastal Commission at any time prior to, but
no later than, the date the district applies for a coastal
development permit , if required, for the replacement of
an existing exhibit hall. Construction of certain sections of the
greenway zone would be required to be completed prior to a
certificate of occupancy being issued for a new exhibit hall, except
that the maintenance period may still be incomplete.
The bill would require the San Dieguito River Park Joint Powers
Authority to maintain and manage the section of the Coast to Crest
Trail located in the greenway zone. Because this bill would
impose require a higher level of service from a
local governmental entity, the bill would create a state-mandated
local program.
The bill would require the greenway zone to be permanently
dedicated to the use and enjoyment of the public, so that if the
district ceases to exist or sells the property, the greenway zone and
public access trail remain as a condition of the sale to a local
municipal government, or by transferring title of the greenway zone
to the San Dieguito River Park Joint Powers Authority or to the
Department of Fish and Game.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4158 is added to the Food and Agricultural
Code, to read:
4158. (a) The 22nd District Agricultural Association shall
develop, manage, and maintain a minimum 100-foot wide greenway zone
along the north bank of the San Dieguito River from Interstate 5 to
Jimmy Durante Boulevard and the Jimmy Durante Boulevard Bridge, to
include the existing San Dieguito River Park Joint Powers Authority
(JPA) educational boardwalk and the Coast to Crest Trail. This
section of the greenway zone is to be completed by January 1, 2012,
subject to the issuance of a coastal development permit by the
California Coastal Commission, if required.
(1) The greenway zone shall be designed in consultation with the
JPA, the Department of Fish and Game, and the Department of Parks and
Recreation. Existing agreements Agreements
for construction, management, and maintenance of the Coast to
Crest Trail in force on the effective date of this section
shall remain in force, subject to mutually agreed upon modifications
by the district and the JPA.
(2) Development of the greenway zone shall be implemented as
required by state agencies, including the California Coastal
Commission through coastal development permits issued in conjunction
with the implementation of the near-term and long-term projects in
the 2008 Master Plan and Final Environmental Impact Report adopted
and certified by the district.
(3) Maintenance and management of this section of the Coast to
Crest Trail shall continue to be the responsibility of the JPA.
(b) The district shall develop a minimum 100-foot wide greenway
zone along the north bank of the San Dieguito River from Jimmy
Durante Boulevard and the Jimmy Durante Boulevard Bridge west to the
San Diego Northern Railway right-of-way prior to or contemporaneous
with the construction of a replacement exhibit hall as detailed in
the district's adopted master plan, subject to the issuance of a
coastal development permit by the California Coastal Commission. This
greenway zone shall accommodate an extension of the Coast to Crest
Trail.
(1) The greenway zone and trail shall be designed in consultation
with the JPA, the Department of Fish and Game, and the Department of
Parks and Recreation.
(2) Maintenance and management of this section of the Coast to
Crest Trail shall be the responsibility of the JPA.
(c) In the interim, prior to the implementation of any near-term
or long-term projects within the 2008 Master Plan, the district shall
remove equipment, potting soil, fill dirt, construction materials,
and other materials stored between the northern edge of the San
Dieguito River to the existing southern access road except for the
existing recycling center which is proposed to be relocated as a
near-term project in the 2008 Master Plan. The district shall not
interfere with the extension of the Coast to Crest Trail on the west
side of Jimmy Durante Boulevard and the Jimmy Durante Boulevard
Bridge to the San Diego Northern Railroad right-of-way and shall
issue an easement to the JPA for the design, construction,
maintenance, and monitoring of an extension of the Coast to Crest
Trail. The district shall work with the JPA and San Dieguito River
Conservancy to facilitate the cleanup and restoration of the area
between the river and the southern access road until such time as a
regulatory agency, including the California Coastal Commission,
requires the development of the buffer area.
(d) (1) Each section of the greenway zone is 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 shall be planted and maintained with
native vegetation. The extension of the Coast to Crest Trail through
the Del Mar Fairgrounds is not limited to the design, width, or
building materials in use in other sections of the Coast to Crest
Trail.
(2) The greenway zone does not include Jimmy Durante Boulevard or
the Jimmy Durante Boulevard Bridge. Establishment of the greenway
zone does not preclude an appropriate public entity from modifying
the course of the roadway or the structure of the bridge.
(e) The district shall develop a public access trail as an
extension of the Coast to Crest Trail in the greenway zone between
Jimmy Durante Boulevard and the San Diego Northern Railroad
right-of-way in a manner that is consistent with the trails of the
San Dieguito River Park. The recreational trail
shall be situated and constructed so as to provide safe and
convenient means for persons, including bicyclists and hikers, to
travel in the greenway zone, understanding that approximately
3,000,000 people a year routinely visit lands managed by the
district. The recreational trail shall be designed
in consultation with the JPA, the Department of Fish and Game, and
the Department of Parks and Recreation. The district shall be
responsible for acquiring all necessary permits for construction of
the trail, including any permits from regulatory agencies, including
the California Coastal Commission.
(f) (1) The district shall submit its plan for implementation of
subdivisions (a) and (b) to the California Coastal Commission at any
time prior to, but no later than, the date the district applies for a
coastal development permit , if required, for the
replacement of an existing exhibit hall.
(2) Construction of the greenway zone between the Jimmy Durante
Boulevard Bridge and the San Diego Northern Railroad right-of-way
shall be completed prior to a certificate of occupancy being issued
for a new exhibit hall, except that the maintenance period may still
be incomplete.
(g) At no time shall the area of the greenway zone be used for
development or parking.
(h) The greenway zone shall be permanently dedicated to the use
and enjoyment of the public, so that if
public. If the 22nd District Agricultural Association ceases to
exist or sells the property, the greenway zone and public access
trail shall remain as a condition of the sale to a local municipal
government, or by transferring the
association shall transfer title of the greenway zone to the
JPA or to the Department of Fish and Game.
(i) Until the time that a regulatory agency, including the
California Coastal Commission, directs otherwise, the use of truck
trailers located adjacent to Interstate 5 or elsewhere in the San
Dieguito River Valley viewshed as storage units shall 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. No signage shall be allowed on the trailers at any
time.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
