BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 169
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Emmerson
VERSION: 2/4/13
Analysis by: Alison Dinmore FISCAL: YES
Hearing date: April 2, 2013
SUBJECT:
State Scenic Highway System: removal of a segment of Interstate
10 from eligibility
DESCRIPTION:
This bill removes the segment of Interstate 10 between postmiles
16.54 and 17.66 in the County of Riverside from eligibility for
inclusion in the state scenic highway system.
ANALYSIS:
The Legislature instituted the State Scenic Highway Program in
1963 and, since that time, the California Department of
Transportation (Caltrans) has maintained it. This program
establishes the state's responsibility for the protection and
enhancement of California's natural scenic beauty. Pursuant to
that goal, the Legislature makes portions of the state highway
system eligible to be a state scenic highway.
The 1963 legislation adopted a "Master Plan" that lists highways
that are eligible for scenic designation. The Legislature has
made additional designations since that time. The highways
deemed eligible are chosen based upon five factors: (1)
intrinsic scenic value and experiences that the route would
provide; (2) the diversity of experience, such as the transition
between different landscape regions or climatic areas that
travel on the route would furnish; (3) the degree to which the
route would link specific scenic, historical, and recreational
points or areas of interest; (4) the relationship of these
routes to urban areas, taking into account the opportunities for
weekend and one-day sightseeing trips by large numbers of
people; and (5) the opportunities for bypassing, or leaving
periodically, major trans-state or inter-regional routes.
After the Legislature deems a highway eligible, a local agency
(such as a city or county) must prepare a corridor management
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plan that describes the land use and other relevant planning
actions that it will implement to retain scenic quality. If
this plan is adequate, the Caltrans Director determines the
route "scenic," and it is then designated. Upon formal
designation, current law also requires local agencies to take
actions that may be necessary to protect the scenic appearance
of the corridor - the band of land generally adjacent to the
highway right of way - including, but not limited to: (1)
regulation of land use and intensity of development; (2)
detailed land and site planning; (3) control of outdoor
advertising; (4) careful attention to and control of earthmoving
and landscaping; and (5) the design and appearance of structures
and equipment.
While the Caltrans Director has the ability to approve official
scenic highways, it does not have the authority to remove a
designation or remove a segment from eligibility. Legislative
approval is required to remove an eligible route.
Current law includes Interstate 10 from Route 38 near Redlands
to Route 62 near Whitewater as eligible for the State Scenic
Highway System. Interstate 10 is currently deemed eligible for
designation, however, Riverside County never sought formal
designation.
This bill removes the segment of Interstate 10 between postmiles
16.54 and 17.66 in the County of Riverside from eligibility from
the state scenic highway system.
COMMENTS:
1) Purpose of the bill . The author is seeking to remove a
segment of the scenic highway on Interstate 10 in Riverside
County between postmiles 16.54 and 17.66 that does not meet
the criteria for the scenic eligibility designation. In June
2011, pursuant to a request by the Riverside County Board of
Supervisors, Caltrans reviewed the 1.12 mile segment.
Caltrans determined that the segment is no longer eligible for
inclusion in the program due to "visual intrusions," including
railroad tracks, an active gravel pit, and numerous existing
billboards. In addition, the segment has also been developed
with an outlet mall and a casino on the Morongo Indian
Reservation. The county states the segment's continued
eligibility in the program prevents critical economic
development and the creation of a path towards recovery.
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2) Constructing a new billboard and local restrictions .
Riverside County would like to put in a new billboard in the
1.12 mile segment. The Riverside County General Plan,
however, presently prevents this from occurring. The General
Plan prohibits specific activities on "scenic" and "scenic
eligible" highways, including putting up this new billboard.
Riverside County does not wish to change the local policy
because it could allow and encourage the construction of
additional and unwanted billboards in other areas of the
county. The committee may wish to consider why state
legislation is preferable to a local exemption in the General
Plan for this segment. The committee may also wish to
consider the possibility of subsequent requests for the
Legislature to remove other segments of eligible highways from
the State Scenic Highway System.
3) Generating local revenues to reduce existing billboards . The
area surrounding the 1.12 mile segment contains many
billboards. Riverside County states that it has been working
with a local advertising group and is seeking to consolidate
the number of existing billboards in the area and replace
others with digital billboards. The 1.12 miles segment is
found on a stretch of freeway that is the only means of
traveling. Due to these travel limitations, this segment
often experiences heavy traffic.
Riverside County states that the visibility of a new billboard
in this segment due to the frequency of travel would generate
needed revenue for the county. Furthermore, the county would
use money generated from the new billboard to fund alternative
travel routes along this segment of Interstate 10 to use
during emergencies and heavy traffic, as well as digital
boards that provide public service announcements. The
committee may wish to consider whether it wants to promote
additional billboards along state highways.
4) This segment is not a classified landscaped freeway . Segments
of freeways that are classified "landscaped freeway" are
subject to the Outdoor Advertising Act (OAA), which preclude
the installation of billboards. The segment of highway at
issue in this bill is not classified as landscaped, so there
is no conflict with the OAA or the committee's policy on
outdoor advertising bills.
POSITIONS: (Communicated to the committee before noon on
Wednesday,
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March 27, 2013.)
SUPPORT: Riverside County
OPPOSED: None received.