BILL ANALYSIS �
SB 169
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Date of Hearing: July 1, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
SB 169 (Emmerson) - As Amended: July 3, 2013
SENATE VOTE : 35-0
SUBJECT : State highways: scenic highways
SUMMARY : Removes a 37-mile segment on Interstate 10 in
Riverside County from eligibility from the state scenic highway
system.
EXISTING LAW:
1)Establishes the State Scenic Highway Program and requires the
California Department of Transportation (Caltrans) to
administer the program.
2)Designates portions of the state's highway system as eligible,
with specific segments to be approved by Caltrans as an
official scenic highway upon completion of specific criteria.
3)Authorizes Caltrans to revoke designation of a scenic highway
if specific standards are not maintained, such as regulating
land use and controlling outdoor advertising.
FISCAL EFFECT : Unknown
COMMENTS : The Legislature established the State Scenic Highway
Program in 1963 under Caltrans' purview and required that a
"Master Plan" be adopted that lists highways that are eligible
for scenic designation. The highways deemed eligible are
currently in statute and were selected by Caltrans 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
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bypassing, or leaving periodically, major trans-state or
inter-regional routes.
The purpose of the Scenic Highway Program is to protect and
enhance the natural scenic beauty of California highways and
adjacent corridors, through special conservation treatment.
Upon receiving designation, program benefits include: protecting
the scenic corridor from encroachment of incompatible land uses
such as junkyards, dumps, concrete plants, and gravel pits;
mitigating activities within the corridor that detract from its
scenic quality by proper siting, landscaping, or screening; and,
prohibiting billboards and regulating on-site signs so that they
do not detract from scenic views.
A local agency (such as a city or county) that possesses a
scenic eligible corridor within its jurisdiction may prepare a
corridor management plan that describes the land use and other
relevant planning actions that it will implement to retain the
area's scenic quality. If this plan meets specific criteria,
Caltrans will designate the identified portion of the route as
"scenic" and include special signs along designated routes and
also identify the routes on maps produced by the State Division
of Tourism. Upon formal designation, current law 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 Caltrans has the ability to approve official scenic
highways, legislative action is the only way to remove any
segment identified as scenic eligible in statute.
Current law includes Interstate 10, from Route 38 near Redlands
to Route 62 near Whitewater, as scenic eligible. However,
Riverside County has never sought formal designation of this
corridor, which spans approximately 37 miles. This bill
proposes to remove the entire 37-mile scenic eligible corridor
from statute.
The author has proposed this legislation at the request of
Riverside County in order to allow the county to put up a new
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billboard within specific section along this corridor. The
author asserts that legislation is required because the county's
General Plan prohibits specific activities, including the
installation of a new billboard, on both designated scenic and
scenic eligible highways. According to Riverside County, this
corridor's continued eligibility, and relevant General Plan
restrictions, prevents critical economic development along this
corridor.
SB 169 serves as a vehicle to allow Riverside County to meet one
its economic development priorities. However, by removing the
entire 37-mile corridor from statute, this bill will ensure that
the integrity of the scenic highway system is maintained while
continuing to accomplish the county's economic development
priorities.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Riverside
Opposition
None on file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093