1.
While it is true
that
certain activities
of the State, such
as the fair itself,
are exempt from
local planning
and zoning control,
not everything
that
occurs at the Fairgrounds
is a “State” activity
that is exempt. Del
Mar has the right
to impose planning
and zoning requirements
for all non-exempt
activities.
2.
If the Fairgrounds,
or any portion thereof,
is ever transferred
out of State ownership
to private or local
government control
as is now under consideration,
Del Mar planning
and
zoning would apply.
It is better to have
these planning and
zoning requirements
in effect before
this
happens so that both
the State, as seller,
and any buyer, can
see what the requirements
will be and so that
any appraisal can
accurately
evaluate the property
based on what uses
are allowed.
3.
The State is not
exempt
from the Coastal
Act
or from review by
the
Coastal Commission.
If Del Mar sets forth
in a “Fairgrounds
Community Plan Element” and
a “Fairgrounds
Zoning Ordinance” its
vision of what is appropriate
for the Fairgrounds,
these documents can
be available to the
Coastal Commission,
and to the State and
federal agencies such
as the State Department
of Fish and Game and
the federal US Fish
and Wildlife service,
that do have jurisdiction,
and can be taken into
account by these agencies
when acting on fairgrounds
projects. Now, the Coastal
Commission and others
are left to “guess” as
to what Del Mar’s
vision for the area
is.
4.
Del Mar already has
planning and zoning
requirements that
apply
to other exempt State
and federal properties,
such as certain tidelands,
the post office,
the
Shores School site,
and the like. It
would
be entirely normal
for Del Mar to adopt
Planning and Zoning
for the fairgrounds
as well. Importantly,
the City could require
the Fairgrounds to
apply to the City
for
an exemption on a
case
by case basis so
that
the City, and not
the
fairgrounds, could
review and act on
such
claims of exemption.
5.
Del Mar has a history
of difficult dealings
with the fairgrounds,
not because they
are “bad
people” but
because their mission
differs from the City’s.
Adoption of a Fairgrounds
Community Plan Element
and Zoning Ordinance
would be one of the
few activities Del Mar
could do on its own
that would have real
impact on the “balance
of power.” The
State as owner of the
fairgrounds would get
due process as do all
landowners affected
by City decisions. The
fairgrounds would get
notice and have the
right to appear at Del
Mar’s
hearings, but the decision
and the process would
be at Del Mar City
Hall and controlled
100% by Del Mar.
6.
The City Council
is
currently investigating
the idea of taking
control of the Fairgrounds
if the State actually
decides to part with
some or all of the
property.
All well and good,
but what is the Del
Mar “vision” for
this property? Why would
we be acquiring it and
what would the City
propose to do with it?
A Fairgrounds Community
Plan Element and Zoning
Ordinance is the proper
place for Del Mar to
spell out its vision
and its requirements,
both for itself, for
its constituents, for
the Fairgrounds, and
for other interested
parties. Why didn’t
we do this long ago?
