§ 5002.8

722 words·~3 min read·/ca/public-resources-code/5002-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)For purposes of this section, the following definitions apply:

(1)“Avoidance area” means the lands encompassed within the avoidance area as defined in the consent decree.

(2)“Consent decree” means the judgment confirming and implementing the settlement agreement as entered by the San Diego Superior Court on January 19, 2017, for case numbers GIN051194, GIN051371, 37-2013-00049797-CU-WM-CTL, 37-2013-00050001-CU-WM-NC, and GIN051370.

(3)“Orange County Southern Subregion Habitat Conservation Plan” means the habitat conservation plan developed pursuant to Section 10(a)(1)(B) of the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.) as approved by the United States Fish and Wildlife Service on January 10, 2007.

(4)“Protective agreement” means the Agreement to Address Traffic Congestion in South Orange County and Protect Sensitive Environmental, Cultural and Recreational Resources entered into by the Department of Transportation, the Natural Resources Agency, the Foothill/Eastern Transportation Corridor Agency, and the Save San Onofre Coalition, on or about March 10, 2017, pursuant to the consent decree.

(5)“Richard H. and Donna O’Neill Conservancy” means those lands that are part of the Richard H. and Donna O’Neill Conservancy and all lands that were part of the Richard H. and Donna O’Neill Conservancy on July 1, 2019.

(6)“San Onofre State Beach” means those lands that are currently part of San Onofre State Beach and all lands that were part of San Onofre State Beach on July 1, 2019, including, but not limited to, that portion of Cristianitos Road within the boundaries of San Onofre State Beach.

(b)Notwithstanding any other law, a joint powers agency acting pursuant to Section 66484.3 of the Government Code shall not construct, fund, or operate a major thoroughfare within the avoidance area.

(c)The authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in the avoidance area shall be restricted in accordance with the terms and conditions of the protective agreement.

(1)Except as provided in paragraph (2), a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, shall not construct, fund, approve, or otherwise authorize the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy.

(2)This subdivision does not apply to the construction, funding, approval, or authorization of any of the following:

(A)Any new road by the Department of Parks and Recreation that is designed primarily to serve visitors to, or for the management of, San Onofre State Beach and has the sole and exclusive terminus within San Onofre State Beach.

(B)Any new road by the Richard H. and Donna O’Neill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard H. and Donna O’Neill Conservancy and has the sole and exclusive terminus within the Richard H. and Donna O’Neill Conservancy.

(C)Any improvement to an existing road in San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy, the primary purpose of which is to serve visitors to those facilities, but excluding improvements primarily designed to serve through traffic.

(D)Any proposed widening of the existing Interstate 5 facility by the Department of Transportation.

(E)Other projects to widen or construct a road or a highway, including any related improvements, mitigation measures, or other requirements, that are located outside of, and do not cause direct adverse impacts to, the avoidance area.

(F)Mitigation measures that improve nonmotorized trails or natural resources within San Onofre State Beach or the Richard H. and Donna O’Neill Conservancy.

(G)Any road, improvement, or facility that encroaches on the northwestern boundary of the Richard H. and Donna O’Neill Conservancy if all of the following conditions are met:

(i)The road, improvement, or facility is a covered activity under the Orange County Southern Subregion Habitat Conservation Plan.

(ii)The road, improvement, or facility does not exceed by more than 10 percent the impacts contemplated in the Orange County Southern Subregion Habitat Conservation Plan for that road, improvement, or facility.

(iii)The entire length of the encroachment abuts the northwestern boundary of the Richard H. and Donna O’Neill Conservancy.

(e)This section does not limit the authority of the federal government to construct roads within Camp Pendleton.