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.