Two California bills designed to limit potential legal challenges to San Diego’s proposed Midway Rising redevelopment project are headed to Gov. Gavin Newsom after passing the state Legislature.
Senate Bills 958 and 344 both passed the state Senate unanimously over the weekend. The measures are intended to reduce potential delays related to environmental reviews and building-height requirements for the proposed redevelopment of the former Sports Arena site.
The Midway Rising project calls for thousands of new housing units, along with parks, retail space and a new entertainment venue. Supporters say the redevelopment would provide new housing, including affordable units, and create jobs.
Opponents have raised concerns about the project’s potential environmental impacts, including increased traffic and flooding.
SB 958 addresses building-height restrictions in the Midway District. The legislation would prevent increased building heights from being considered a “significant impact” under the California Environmental Quality Act, or CEQA. The bill was initially written specifically for Midway Rising but was later amended to apply to similar projects elsewhere in California.
Eric Law, chair of the Peninsula Community Planning Board, said the group is not opposed to redeveloping the Sports Arena site but has concerns about the current Midway Rising proposal and its environmental review.
Law criticized the statewide scope of SB 958 and said local communities should have greater control over development decisions.
SB 344 is specifically focused on Midway Rising. It would establish that once the project’s environmental impact report is certified, the project would satisfy applicable state environmental requirements.
Critics argue the legislation could limit the public’s ability to raise concerns about the project’s environmental impacts through the CEQA process.
Encinitas Assemblymember Tasha Boerner did not vote on either bill. In a statement posted on social media, Boerner said she supports addressing the housing crisis but argued that doing so should not come at the expense of existing protections, particularly environmental protections.
San Diego Mayor Todd Gloria, who sponsored the legislation, said in a statement that the bills would help prevent unnecessary litigation and years of delays for housing and infill development that has already gone through an extensive public planning process.
Newsom has until the end of September to sign or veto the bills. If he takes no action, they will automatically become law.
SB 344 also contains an urgency clause. If signed, that provision would allow the law to take effect immediately rather than waiting until next year.
That could allow San Diego officials to move forward with the project soon after the legislation takes effect. The project’s environmental impact report is expected to be certified in early October.
In a statement to CBS 8, State Senator Akilah Weber Pierson wrote:
“SB 344 and SB 958 represent important steps forward for San Diego and the future of the Midway District. At a time when families are struggling to find affordable places to live, SB 344 gives Midway Rising a path to deliver much-needed affordable housing, permanent jobs, community spaces, and a health clinic in a part of our city that is ready for investment.
SB 958 is a statewide measure that provides the clarity and certainty needed to advance this important project while establishing a framework that benefits communities across California.
I’m proud to have helped advance both pieces of legislation to the Governor’s desk. Once the City completes its vote and certification of the EIR, we can finally revitalize the Midway District and create a vibrant community that creates opportunity and serves San Diegans for generations to come.”
Senator Weber Pierson, M.D.