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SB-761 Public resources: City of San Clemente: road construction.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
SB761:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 761


Introduced by Senator Bates

February 19, 2021


An act to add Section 65569 to the Government Code, relating to public resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 761, as introduced, Bates. Public resources: City of San Clemente: road construction.
Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property. The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a land use element and an open-space element.
This bill would prohibit certain governmental entities from constructing, funding, or operating, or from taking property to construct, fund, or operate, a new major thoroughfare in the City of San Clemente in an area that is subject to a conservation easement or that is protected as open space under a local initiative. The bill would provide that these provisions do not apply to State Route 5 and lands immediately adjacent to State Route 5 or the extension of Los Patrones Parkway as an untolled county arterial highway.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65569 is added to the Government Code, to read:

65569.
 (a) Notwithstanding any other law, a joint powers agency acting pursuant to Section 66484.3, state agency, transportation joint powers authority, or regional transportation agency, or a successor agency to any of those entities, shall not construct, fund, or operate, nor take property to construct, fund, or operate, a new major thoroughfare in the City of San Clemente in an area that is subject to a conservation easement or is protected as open space under a local initiative.
(b) This section does not apply to State Route 5 and lands immediately adjacent to State Route 5 or the extension of Los Patrones Parkway as an untolled county arterial highway.