California Code of Regulations › Title 21 - Public Works › Division 4 - California Transportation Commission › Chapter 3 - Resolution G-14 › Section 8122 - Resolution G-14 Outlining Procedure Relative to Adoption of Freeway Locations by the California Transportation Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(1) To the end
				of improving coordinated planning, it is the intent of the Commission that
				there should be a complete exchange of pertinent information through
				conferences between representatives of the Department and local government and
				other appropriate agencies, their technical staffs, and planning personnel from
				the inception of studies to the adoption of a freeway location.
Recommendations from these agencies and the effects of the
				  proposed freeway upon their activities and present and future development are
				  to be considered in the studies.
(2) At the initiation of studies, the
				Department is to furnish written notice to the appropriate local governing
				bodies, to other public agencies that may be affected thereby, to any
				designated advisory groups, and to each legislator within whose district the
				project is located. Such notification to the local governing bodies shall call
				attention to sections
				75.5,
				75.6,
				and
				210.4
				of the Streets and Highways Code.
(3) Publicized informational meetings should
				be held as appropriate during the course of studies to inform the citizens of
				the progress of studies and to obtain their views with respect
				thereto.
(4) When basic studies
				have been completed, the Department is to publicize and hold such public
				hearing, or hearings, as may be reasonably necessary to acquaint interested
				individuals, officials, and civic or other groups with the information
				developed and to obtain their views with respect thereto.
(5) The Department will employ presiding
				officers to preside at such public hearings. The presiding officer will report
				to the Department without recommendation regarding statements made and other
				events occurring at the hearings over which he has presided.
All hearings will be conducted in an informal manner to the
				  end that all interested persons may be heard as time will permit and will not
				  be conducted in accordance with formal rules of evidence.
(6) The Chief Engineer shall submit to the
				Director of Transportation a written recommendation, including a summary of the
				results of such conferences and meetings, any information submitted pursuant to
				section
				75.5
				of the Streets and Highways Code, and a recommendation as to the location of
				the freeway.
The Director shall notify the State Office of Planning and
				  Research, and other State agencies concerned with the State's resources, of the
				  Chief Engineer's proposed freeway routing recommendations, in order that they
				  may analyze the socioeconomic factors involved. Any recommendations made by
				  such agencies shall be considered by the Director in making his/her
				  recommendation to the Commission.
The Director shall transmit the recommendations received from
				  the Chief Engineer and, if submitted, the recommendations of the State Office
				  of Planning and Research, and other affected State and local agencies, to the
				  Commission, together with his/her own recommendation, and with his/her comment
				  on the recommendation of the Chief Engineer when deemed appropriate or when
				  requested by the Commission or any member thereof.
(7) The Chief Engineer, in each case, upon
				being authorized to do so by resolution of the Commission, shall notify the
				appropriate local governing body or bodies, which notice shall be publicized,
				of the intention of the Commission to consider the location of the freeway.
				Such notification shall include a statement that the Commission or designated
				members thereof will hold a public hearing on the proposal, if requested to do
				so by the local legislative body within thirty (30) days after the first
				regular meeting of such body following receipt of such written notification;
				however, if prior to receipt of such notification from the Commission the local
				legislative body or bodies shall have, by official action, declared that no
				public hearing by the Commission is necessary, then the notification by the
				Chief Engineer shall advise such local body or bodies only of the intention of
				the Commission to consider the adoption of the Director of Transportation's
				recommended routing.
(8) If any
				such legislative body requests such hearing, the Commission, or a designated
				member or members thereof, will hold a hearing, after public notice given in
				such manner as the Commission may determine, at which time and place all
				persons, and official bodies and other organizations interested in the matter,
				shall be afforded an opportunity to be heard. The Commission may also, on its
				own motion, call a public hearing or hold such hearings as it may deem
				appropriate.
(9) After the
				expiration of such period of thirty (30) days, if no hearing is requested, or
				after such hearings as the Commission may hold, the Commission may adopt a
				location for the freeway between the limits under consideration.
(10) Where the specific freeway location
				requires the use of property appropriated for use as a state, regional, county
				or city park or other public uses specified in section
				1241.9
				of the Code of Civil Procedure and such use was dedicated or established prior
				to the initiation of highway route location studies, written notice shall be
				given by the Commission to the agency owning such property.
(11) In reaching its conclusions as to
				freeway locations, the Commission will consider from the standpoint of the
				overall public interest all information and recommendations developed in the
				conferences, meetings and hearings and any information furnished to it by any
				local agency pursuant to the provisions of section
				75.5
				of the Streets and Highways Code, the recommendations of the Department, and,
				if received, the recommendations of the State Office of Planning and Research
				and other affected State agencies. Where a local agency presents to the
				Department a master plan of highways and transportation having the approval of
				the legislative body of such local agency, and no further presentations are
				made by the local agency at such hearings, the Department and the Commission
				will consider that the plan or plans represent(s) the desires and
				recommendations of such local agency.
(12) Where the Commission has adopted a
				location for a freeway, a local agency may request the Commission to consider
				modifications in the route. Should the Commission, in its discretion, determine
				that the suggested modifications in route location merit consideration, the
				Commission shall, on its own motion, hold an adequately publicized public
				hearing to consider the suggested modifications. The Commission, in exercising
				its discretion, may consider the effect, if any, that the suggested
				modifications will have upon adjacent local agencies. If the requested
				modifications involve locations that extend beyond the boundaries of the local
				agency requesting the reconsideration, the Department shall, after studying the
				matter and with the approval of the Transportation Commission, notify the other
				local agencies within whose boundaries the proposed route modifications are
				located at least 75 days prior to such a hearing. The Transportation Commission
				shall not proceed with the consideration of such proposed modification if any
				of such local agencies indicates by resolution, adopted at least 45 days prior
				to the hearing, that it opposes such modification.
The Office of Planning and Research and other affected state
				  agencies shall be notified regarding such suggested modifications; and their
				  recommendations, if any, together with the recommendations of the Director and
				  the Chief Engineer, which shall include an environmental impact statement,
				  shall be presented to the local agency and shall be publicized in advance of
				  the public hearing.
Following such public hearing, the Commission may, without
				  further notice of or hearings, adopt the modified route or any portion
				  thereof.
Unless or until such modifications are adopted by the
				  Commission, the previous route adoption shall not be affected, and the
				  Commission and the Department may take any and all actions permitted by law as
				  to the adopted route during the time the Commission is considering the
				  suggested route modification.
(13) The Chief Engineer and the Director of
				Transportation are hereby authorized, without further resolution or order of
				this Commission, to do such things and take such action as may appear to be
				necessary or proper to comply with the above procedure specified in this
				resolution.
1. New
				  Subchapter 3 (Section
				  8122) filed 1-10-79 as procedural
				  and organizational; effective upon filing (Register 79, No. 2).
Note: Authority cited: Sections
					 70,
					 213
					 and
					 30050,
					 Streets and Highways Code.