Amended IN Senate June 12, 2019 Amended IN Assembly April 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1492Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 An act to add Section 22358.6 5002.9 to the Vehicle Public Resources Code, relating to speed limits. public resources.LEGISLATIVE COUNSEL'S DIGESTAB 1492, as amended, Boerner Horvath. Speed limits: City of Encinitas. Public resources: San Onofre State Beach: Richard and Donna ONeill Conservancy: road construction.Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions.(1)Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted.This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted.(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year.(b) San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy.(c) Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy.(d) San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA.(e) Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment.(f) In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project.(g) As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy.(h) In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area.(i) This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy.SEC. 2. Section 5002.9 is added to the Public Resources Code, to read:5002.9. (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 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) 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.(4) Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5) 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.(d) (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 and Donna ONeill 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 and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C) Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill 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 Interstate 5 as it existed on January 1, 2020.(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.SECTION 1.Section 22358.6 is added to the Vehicle Code, to read:22358.6.The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted.SEC. 2.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists.
Amended IN Senate June 12, 2019 Amended IN Assembly April 04, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1492Introduced by Assembly Member Boerner HorvathFebruary 22, 2019 An act to add Section 22358.6 5002.9 to the Vehicle Public Resources Code, relating to speed limits. public resources.LEGISLATIVE COUNSEL'S DIGESTAB 1492, as amended, Boerner Horvath. Speed limits: City of Encinitas. Public resources: San Onofre State Beach: Richard and Donna ONeill Conservancy: road construction.Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions.(1)Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted.This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted.(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate June 12, 2019 Amended IN Assembly April 04, 2019
Amended IN Senate June 12, 2019
Amended IN Assembly April 04, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1492
Introduced by Assembly Member Boerner HorvathFebruary 22, 2019
Introduced by Assembly Member Boerner Horvath
February 22, 2019
An act to add Section 22358.6 5002.9 to the Vehicle Public Resources Code, relating to speed limits. public resources.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1492, as amended, Boerner Horvath. Speed limits: City of Encinitas. Public resources: San Onofre State Beach: Richard and Donna ONeill Conservancy: road construction.
Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions.(1)Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted.This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted.(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas.
Existing law vests the Department of Parks and Recreation with control of the state park system, which includes state beaches. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property.
This bill would prohibit certain joint powers agencies from constructing, funding, or operating a major thoroughfare within a specified area of southern California, and would restrict the authority of the Department of Transportation to approve, permit, take possession of, or otherwise authorize the construction of a major thoroughfare in that same area, as specified. The bill would prohibit a state agency, city, county, joint powers authority, regional transportation agency, or other local government entity, or any other person or entity, from constructing, funding, approving, or otherwise authorizing the building of a street, road, or highway in or on, or that encroaches on, San Onofre State Beach or lands that are part of the Richard and Donna ONeill Conservancy, with specified exceptions.
(1)Existing law authorizes a local authority to reduce a speed limit on a state highway or street within its jurisdiction by ordinance or resolution on the basis of an engineering or traffic survey under specified conditions. Existing law generally makes the new speed limit effective when signs giving notice of the speed limit are posted.
This bill would authorize the City of Encinitas to lower the speed limit to 15 miles per hour on a portion of Neptune Avenue if that speed limit is justified by an engineering and traffic survey. The bill would make the 15 miles per hour speed limit effective when signs giving notice of the speed limit are posted.
(2)This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Encinitas.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year.(b) San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy.(c) Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy.(d) San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA.(e) Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment.(f) In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project.(g) As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy.(h) In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area.(i) This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy.SEC. 2. Section 5002.9 is added to the Public Resources Code, to read:5002.9. (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 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) 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.(4) Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5) 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.(d) (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 and Donna ONeill 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 and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C) Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill 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 Interstate 5 as it existed on January 1, 2020.(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.SECTION 1.Section 22358.6 is added to the Vehicle Code, to read:22358.6.The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted.SEC. 2.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year.(b) San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy.(c) Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy.(d) San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA.(e) Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment.(f) In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project.(g) As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy.(h) In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area.(i) This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy.
SECTION 1. The Legislature finds and declares all of the following:(a) San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year.(b) San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy.(c) Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy.(d) San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA.(e) Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment.(f) In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project.(g) As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy.(h) In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area.(i) This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) San Onofre State Beach is Californias sixth most popular state park and serves more than 2,000,000 visitors each year.
(b) San Onofre State Beachs campgrounds provide greatly needed affordable coastal accommodations that provide critical coastal access opportunities for California families and visitors who contribute to Californias economy.
(c) Studies indicate that visitors to San Onofre State Beach contribute more than $6,000,000 to Californias coastal economy.
(d) San Onofre State Beach is home to the world-class Trestles surfing area that was immortalized in the famous Beach Boys song Surfin USA.
(e) Protecting San Onofre State Beach is important to Californias economy, quality of life, and environment.
(f) In 2016, the Attorney General, State Park and Recreation Commission, Native American Heritage Commission, Foothill/Eastern Transportation Corridor Agency, and conservation organizations entered into a legal settlement agreement protecting San Onofre State Beach and the Richard and Donna ONeill Conservancy from a proposed tollroad project.
(g) As part of the settlement agreement, the Foothill/Eastern Transportation Corridor Agency agreed to not construct a road through the agreements defined avoidance area, which consists of undeveloped lands that are critical to maintaining the integrity of, and connectivity to, habitat conservation plan areas in the Counties of Orange and Riverside, as recognized in the California Essential Habitat Connectivity Project prepared for the Department of Fish and Wildlife, and includes San Onofre State Beach and the Richard and Donna ONeill Conservancy.
(h) In 2016, the Natural Resources Agency, the Department of Transportation, the Foothill/Eastern Transportation Corridor Agency, and conservation organizations signed an agreement whereby the Department of Transportation agreed to not authorize the construction of a major thoroughfare in the agreements avoidance area, except for a project to widen Interstate 5, and the Foothill/Eastern Transportation Corridor Agency agreed to not fund or construct a road in the agreements avoidance area.
(i) This act is necessary to ensure the protection of San Onofre State Beach and the Richard and Donna ONeill Conservancy.
SEC. 2. Section 5002.9 is added to the Public Resources Code, to read:5002.9. (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 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) 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.(4) Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5) 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.(d) (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 and Donna ONeill 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 and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C) Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill 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 Interstate 5 as it existed on January 1, 2020.(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.
SEC. 2. Section 5002.9 is added to the Public Resources Code, to read:
### SEC. 2.
5002.9. (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 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) 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.(4) Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5) 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.(d) (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 and Donna ONeill 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 and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C) Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill 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 Interstate 5 as it existed on January 1, 2020.(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.
5002.9. (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 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) 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.(4) Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5) 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.(d) (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 and Donna ONeill 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 and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C) Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill 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 Interstate 5 as it existed on January 1, 2020.(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.
5002.9. (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 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) 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.(4) Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.(5) 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.(d) (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 and Donna ONeill 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 and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.(C) Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill 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 Interstate 5 as it existed on January 1, 2020.(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.
5002.9. (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 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) 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.
(4) Richard and Donna ONeill Conservancy means those lands that are part of the Richard and Donna ONeill Conservancy and all lands that were part of the Richard and Donna ONeill Conservancy on July 1, 2019.
(5) 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.
(d) (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 and Donna ONeill 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 and Donna ONeill Conservancy that is designed primarily to serve visitors to, or for the management of, the Richard and Donna ONeill Conservancy and has the sole and exclusive terminus within the Richard and Donna ONeill Conservancy.
(C) Any improvement to an existing road in San Onofre State Beach or the Richard and Donna ONeill 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 Interstate 5 as it existed on January 1, 2020.
(e) This section does not limit the authority of the federal government to construct roads within Camp Pendleton.
The City of Encinitas, by ordinance or resolution, may lower the speed limit to 15 miles per hour on Neptune Avenue between Grandview Street and La Mesa Street if that speed limit is justified by an engineering and traffic survey. The 15 miles per hour speed limit shall be effective when signs giving notice of the speed limit are posted.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique safety demands on Neptune Avenue between Grandview Street and La Mesa Street in the City of Encinitas necessary to protect the residents of the surrounding neighborhood and visiting tourists.