Section 8122 - Resolution G-14 Outlining Procedure Relative to Adoption of Freeway Locations by the California Transportation Commission(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.Cal. Code Regs. Tit. 21, § 8122
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.
1. New Subchapter 3 (Section 8122) filed 1-10-79 as procedural and organizational; effective upon filing (Register 79, No. 2).