Bill Introduced in State Senate to Exempt Midway Rising Project From CEQA Review

Voice of San Diego Staff / March 26, 2026

State Sen. Akilah Weber Pierson has introduced a bill that would exempt the Midway Rising project from the requirements of the California Environmental Quality Act.

We had reported that San Diego Mayor Todd Gloria and his team were considering seeking legislation like this to ensure the project could survive legal challenges even after courts threw out two voter-approved ballot measures to raise the height limit in the Midway area. Developers were confident they could rely on the state’s density bonus housing laws to ensure they could build higher than the 30-foot building height limit on the coast.

Now legislation is moving forward to pre-empt any legal challenges.

The bill: It’s SB-958. You can read it here. It would have the Legislature declare the many attributes of the project — the thousands of new homes, including many restricted for people with low incomes, new parks, new arena and other improvements.

“Therefore, it is the intent of the Legislature to recognize the statewide significance of the Midway Rising project in the City of San Diego to support its timely delivery of affordable and market-rate homes, public parks, multimodal infrastructure, and economic development benefits, and to encourage similar high-impact, climate-aligned infill housing projects on underutilized public lands across California.”

Why it matters: CEQA requires a long series of analysis and public reports to examine a project’s impact on the environment and traffic of an area. A deficient analysis of impacts or inadequate plans to mitigate those impacts can halt a project.

Stadium building efforts in California have a history seeking ways around the law. In fact, the main investor in Midway Rising, Stan Kroenke, was able to build the most expensive stadium in the world, Sofi Stadium in Inglewood, after putting together a ballot measure.

“Kroenke and his partner, the Hollywood Park Land Company, successfully took advantage of a loophole in CEQA that allows proposals enacted through the state’s voter-sponsored ballot initiative process to bypass a full CEQA environmental review process,”  reads an explanation of what happened from USC Annenberg Media.

The worry: A letter sent last month to the city gave a preview of the type of lawsuit Midway Rising’s leaders want to avoid. First reported by the Union-Tribune, the letter from attorney Kathryn Pettit argues the project will potentially significantly worsen local traffic congestion, specifically when compounded with new development at the NAVWAR complex.

“NAVWAR and Midway Rising have yet to be cumulatively evaluated, obscuring the true impacts of the Project from the public and decisionmakers and precluding the ability to make an informed decision on the Project,” the letter reads.

J. Keith Behner, who hired Pettit, made clear to the U-T part of the point of the letter was to get it on the record to prepare to sue. You can read their letter here.

If the Legislature exempts the project from CEQA, such a lawsuit would have no basis.

Author: Source

26 thoughts on “Bill Introduced in State Senate to Exempt Midway Rising Project From CEQA Review

  1. State Sen. Akilah Weber Pierson is a real disappointment because of her bill. She comes out of a progressive background and family — and we have supported her in her election(s).

    She’s apparently caught up in this state government windstorm of passing housing legislation that does not create new affordable housing but attacks local control. The kool-aid has been passed around that makes state leaders believe that environmental review just slows down housing and other construction projects. This is a dangerous belief and it’s sad that Akilah is part of this.

    Weber Pierson also supported SB 79. A Rag writer wrote her and Scott Peters an open letter last year informing them that YIMBYism is NOT progressive. https://obrag.org/2025/08/open-letter-to-congressman-scott-peters-and-calif-senator-akilah-weber-dem-leaders-get-a-clue-yimbyism-is-not-progressive/

    1. It is laughable to think Weber Pierson is some kind of an outlier, and that this is somehow this is another one-off. This is “Party” policy and emblematic of the dispicable corporate corruption that worsens with each passing day.

      Our state is out of control and the absentee jackass elected to the office of governor is nothing more than a wanna-be selfie specialist that draws a paycheck at our expense to dedicate himself to full-time podcasting and fulfilling his ambitions to becoming another cut-rate influencer. Ironically the idiot cannot adequately do that either.

    2. Thank you for bringing this important recent news to readers of the OB Rag.
      I was very concerned to learn this last week, as I happen to live in La Jolla.

      Jack McGrory is very skilled at City management from past service under GOP Mayor Susan Golding — in the era when the slogan “America’s Finest City” was coined, followed by years of work for developer and establishment Democrat Sol Price. Jack is a charming tall leprechaun, (see photo), now pretty rich and maximally influential — he worked magic on behalf of his alma mater SDSU when land became available In Mission Valley after the demolition of Qualcomm Stadium — and it’s entirely possible he alone could turn La Jolla into an independent municipality. An idea I’m not crazy about. But maybe we could run him for Mayor of San Diego and get a real leader.

    3. Frank, you are too kind in your description of State Senator Akilah Weber. Do not confuse her with her esteemed mother. Her mother is Secretary of State Shirley Weber, a former professor at San Diego State University and former member of the San Diego Unified Board of Education. Dr. Shirley Weber is a genuine public servant.

      Akilah is a trained physician who seems to prefer the pay-to-play of Sacramento politics to the rigors of medical practice. It is shocking and unforgivable that she would carry the bill to exempt the undead dreadful Midway Rising project from our California Environmental Quality Act. Clearly, developer campaign contributions are the reason. In this case, Akilah’s apple fell far from her mother’s tree, but voters surely will remember at election time.

  2. “(e) The project provides more affordable housing than is required by law. Whereas the City of San Diego’s inclusionary requirements would require 425 affordable homes, and due to the use of the Surplus Land Act (Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code), the city would require 1,062 affordable homes, the city and the developer have created a plan to construct 2,000 affordable homes. This represents a 47-percent affordable share, with all the units to build on-site.”

    2,000 units (47% of the project) are to be affordable with below 80% median income. How is this not creating affordable housing? I think the project is a good idea – unless you want to protect the impressive views of the shopping centers and strip clubs surrounding the area. LOL

    Clearly there needs to be an environmental review of current city infrastructure – did the rag just not post about beach closures today regarding sewage spills? Where’s the CEQA equivalent for current fumbles and ecological mismanagement?

    1. If the project could stand on its own merits without all the political twerking, it would survive. This is another layer of desecrating this city to monopolistic players turning everyone into slave renters. Weber Pierson sold you all out and don’t pretend it was an accident. her pedigree would say otherwise, as opposed to the she’s been fooled suggestions BS.

      1. Chris, “political twerking” is an appropriately perfect term, and I got a laugh out of that. Thank you for providing a little levity amongst such an infuriating abuse of power by this repugnant corporate lap dancing political prostitution.

    2. Javier, that is just plain dishonest. Just a few weeks after this swindle squeaked by the voters thanks to the misinformation machine, developers announced they would be unable to meet the number affordable unit expectations, like always. Go sell your BS somewhere else!

      1. How is it dishonest if its written as a legal requirement to meet a certain amount of affordable units. That quote is directly from the bill itself – not a developers blog post or a politicians social media account. Im not selling anything… I read the ingredients on the back of the box. The bill clearly states what is required, so if the developer is saying they cant meet requirements then they shouldnt be allowed to develop. Duh!

        1. Uh, don’t believe everything you read, especially when it comes to this local and state gov’t.

        2. By your own admission then, this project should be scrapped because this project has been moving forward; and receiving free City provided legal representation at San Diego taxpayer’s expense. Despite the developer publicly reneging on the construction of the affordable units, and middle income housing “guaranteed” by the very legal requirements that you cut and pasted.

  3. Wow. This is SO disappointing. I just emailed Weber and Peters but for what, really. I feel so betrayed. Not by the elected people as I didn’t vote for any of them, so I expected poor leadership, but with San Diego as a whole. I’m just sad. I’m a 3rd generation San Diegan and seeing this bulldozing of all the best aspects of San Diego is killing me (and I’m not saying Midway is a nice area–it needs help–but not at this scale or lack of true environmental reviews of everything from traffic to delicate ecosystems nearby. San Diego has one of the most diverse ecosystems in the country and the river hosts lots of bird species. Are they going to be comfortable living next to a construction site and then 200 foot tall buildings, changing how the sun shines and the wind blows).

  4. This is very disappointing. To seek out “loopholes” to avoid the necessary CEQA review process. Especially when you consider that this is a massive project which will affect traffic, infrastructure and the environment.

  5. The poster child of an oxymoron on this headline. How in the world could you circumvent a CEQA on a project of this size?

  6. Give State Senator Weber Pierson’s office a call (916) 651-4039 & (619) 688-6700. Let her know how furious we are regarding this blatant corrupted abuse of power.

  7. Cal-Access records show that both Mosaic Development Group and Chelsea Investment Corporation have made contributions to Weber Pierson’s campaign. As a matter of fact it doesn’t stop there:

    California Apartment Association (CAA) PAC Apartment Owners/Managers Largest single donor for housing issues; often supports candidates who back density bills.

    California Building Industry Association (CBIA) PAC Home Builders/Developers Represents residential builders; heavily involved in zoning and CEQA reform.

    National Multifamily Housing Council (NMHC) Large-scale Apartment REITs National group with strong CA presence; funds candidates supporting high-density housing.

    California Association of Realtors (CAR) PAC Real Estate Agents/Brokers Broad real estate interests; often supports candidates who favor market-rate growth.

    San Diego Regional Chamber of Commerce General Business/Development Often includes major developers in its donor pool; active in San Diego specific bills.

    Mosaic Development Group (Specific Entity) Private Developer Note: Private companies often donate directly or through their own PACs if registered.

    Chelsea Investment Corporation (Specific Entity) Affordable Housing Dev May donate directly or via affiliated housing advocacy groups.

    Weber Pierson is yet another opportunist getting paid for betraying the public’s trust.

    I encourage the OB Rag including it’s stalwart readers to log into Cal-Access and examine data to discern the amounts she has collected from the above mentioned PACs. Importantly we should thoroughly scour her campaign to campaign donations that enable politicians to cover their tracks by exploiting a loophole that they created that allows Campaign A to take money from developers and donate it to Campaign B to facilitate the denial that they take money from developers. In a sense laundering the corporate monies buying policies. AKA the Toni Atkins special.

  8. Only 1,200 Affordable Housing Units Minimum are dead restricted. They may have up to 2,000 Maximum, with a range of anywhere from 1,200 Minimum to 2,000 Maximum.

    Also there is a poison pill in the wording that states if they do not get any public State Tax Credit, and any free City or County funding then Midway Rising does not have to build any Affordable Units at all, because the units will not pencil out financially.

    Instead of allowing the limited public affordable housing funds to be used for other projects that need funding, the Billionaires will try to hoard as much public funding for their own project. Even though Billionaire Stan Kroenke is the largest single landowner in America, he will not commit to build 2,000 Affordable Units, unless he gets free public financing.

    Mr. Kroenke can afford to pay his own way, provide adequate parking, and mitigate his created traffic issues with his new stadium including new on/off ramps on Interstates I-5 and I-8, so that his massive density does not increase travel time 90 minutes each way in and out of Point Loma.

    Read the fine print on the agreement between the City of San Diego and the Developer. Mayor Todd Gloria gave away the store. Again.

  9. This article speaks volumes about the continued lack of accountability of our elected officials – at all levels of government – local, state and federal levels – and will be the demise of democracy if we don’t continue to fight hard. Let’s call this project for what it truly is – MAYDAY rising. We really need to pay much closer attention and elect people that actually work for the people. For the record, I’m an equal opportunity hater of both parties.

  10. As a person who lives in the area, I can’t emphasize enough what the project will do to traffic congestion. Hundreds of cars added all day. Thousands of cars at peak times. Bumper to bumper crawl on Sports Arena & likely Midway. Stop & go on the 8 entrance for added hours. And by the time it is complete, who can define ‘affordable housing’?
    Why has there never been talk of downsizing the project?

  11. How about the sewage spill this week (3/27/26) of 18,000 gallons into the San Diego River?
    Talk about a warning for what’s to come if we allow the City of San Diego to build density in a flood plain. They can’t run the existing infrastructure, they can’t be trusted to build this project.

  12. Excerpts from Voice of San Diego. Politics Report: The Midway Rising Bill
    03/28/2026. https://voiceofsandiego.org/2026/03/28/politics-report-the-midway-rising-bill/

    “Happy about it: Nicole Crosby and Josh Coyne, the two battling for traditional Democratic support, both seemed the happiest about the exemption.

    Coyne was the most unequivocal. He said San Diegans are tired of delays, Midway needs revitalization and he supports Weber Pierson’s bill.

    Crosby was also adamant in her support for the project itself. Putting “underperforming” city property to better use is exactly what the city should be pursuing, she said. ”

    “Not entirely clear: A few weeks ago, former Coronado Mayor Richard Bailey told us he didn’t like the Midway Rising project as proposed, because traffic in Midway is already terrible and the project would only make it worse.

    He struck a different note in his response this week.

    Bailey wrote: “This legislation is beneficial for the project because it’ll prevent future litigation. However, good policy should be applied consistently. If the proposed legislation is sound, it should apply equally to all projects” — in other words get rid of CEQA everywhere. “This appears to be nothing less than a way for the city to engage after failing to defend two lawsuits due to deficient EIRs.”

    Not so happy: This camp included Havlik, as well as Paul Suppa and Jacob Mitchell.

    Havlik tempered her response the most of these three. She said she appreciated the “scale of affordability being proposed,” but that the CEQA exemption “raises important concerns.” She was unequivocal in saying residents should not lose their ability to weigh in on Midway Rising via CEQA.

    (At a candidates forum earlier this month, Havlik proudly told the crowd she had helped lead the efforts to overturn the previous ballot measures that waived the city’s coastal height limit in Midway.)

    Mitchell wrote: “The area clearly needs redevelopment, but so many aspects of this deal stink… I drive through Midway almost daily and I dread the traffic once [Midway Rising] is finished.”

    Suppa came out the strongest against the project and the exemption: “The Midway area is already under significant strain. A project of this magnitude, if not carefully evaluated, risks overwhelming local infrastructure, including parking, traffic circulation, sewage capacity, and electrical systems,” he wrote.”

    1. First of all, it is morally reprehensible if not legislative malpractice to attempt to undermine California judges and circumvent the judicial branch altogether while active lawsuits are currently underway. Legislators attempting to take this unsavory tact to override the courts should be charged with contempt because she is knowingly disobeying or showing disrespect towards a court’s authority, and it is an attempt to disrupt legal proceedings. By law this can and should result in penalties such as fines or imprisonment whether the contempt is classified as civil or criminal. As a layman I consider it to be criminal, but I digress.

      Akilah Weber Pierson underhandedly crafted this self serving bill whose only intention is to enrich herself, the Politico-Corporate Real Estate Monopolists elite and “the Party.” What she is really doing is attempting to legalize illegality, and that will not end well on a multiplicity of legal issues ripe for an even greater abuse of power. Just crafting this is bill emblematic of the stupefying corruption of “the Party” that now no longer even bothers to hide and it reflects quite clearly the full blown corporate oligarchy that California has now “officially” become. And now the oligarchs are attempting to run roughshod over the courts. THIS IS UNACCEPTABLE!

      The elimination of CEQA is “the Party’s” endgame. We know beyond any reasonable doubt that the unqualified corporate developers of Midway Rising will continue to pay off weak, greedy, easily compromised & morally bankrupt politicians like Akilah Weber Pearson, without fail.

      We are not falling for the ruse of “promised affordable units” that will surely be eliminated from this project for “off-siting” and as always, never ever, ever, never be built because the developer already has publicly done so. We are all keenly aware that the “affordable housing” carrot has been repeatedly shoved where the public’s sun don’t shine, and we’ve been beaten with the “affordable housing” shtick for decades now!

      This is MAYDAY and it is the people’s Waterloo. We’re no longer buying into any more of this shit, we’re organizing and standing together against this corruption. Enough!

      Weber Pierson’s legislation is blatantly an unapologetic attempt to eradicate decades of citizen funded activism won through the participation of hard fought battles by multiple generations of Californians much smarter than she, that have provided common sense forethought for environmental and residential protections. Historically this is what has made San Diego, San Diego by nobly preventing over-development that we once enjoyed back when the people actually had representation.

      This gluttonous proposed legislation is utterly disgraceful and greedy on a scale never seen in the State of California. It will be cited as legal precedence to eliminate ALL Environmental Quality Standards altogether! All so Akilah and the corrupted morass can get paid at nature’s and everyone else’s expense.

      REMINDER this property borders the San Diego River banks harboring refuge for thousands of species of diverse wildlife. The staggering size of this project was batshit crazy insane to begin with.

      We all need to beware of the soft bigotry of low expectations.

      It should come as no shock that the candidate’s softening stances are defeatist and disappointingly, they already seem to be approaching the issue as if it is a done deal on behalf of profits for “the Politico-Corporate Real Estate Monopolist Party”. Cha-Ching!!!!

  13. I am not a lawyer. But when I looked at the EIR most recently filed by Midway Rising, I was surprised at the content. Even a casual observer could see that the document did not describe the property. But an EIR is just a document. A few extra “checking a box,” would have given the developer an approval-based EIR in a step much further along their planned road. Why wouldn’t the developer do what is obviously a bare minimum? This is something I do not understand.

  14. I began my career following the 1970 Friends of Mammoth Decision in which the State of California was held responsible for adverse effects created by discretionary projects. There have always been crusaders who believe their construction project is the most important thing ever and that absolutely nothing can stand it its way. From 1972 to 2000, crusaders with their lawyers, engineers, experts of all stripes fought valiant fights in government offices with elected officials at their sides threatening city staff with dismissal, career ruin, and blackballing if they insist on honest exposure of the impacts of the crusade on the California public. This is the scenario that Todd Gloria and his State Legislature cronies at attempting to commit against the City of San Diego.

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