Building Trades News

TCA Files Appeal with US Department of Commerce

The state Coastal Commission dealt a blow to plans to extend a toll road from Orange County through San Onofre State Beach to provide needed traffic relief to the I-5 corridor in South Orange County.

Commissioners voted 8-to-2 against the project, saying that it was inconsistent with the state law regulating development along the coastline. The vote seriously hampered the project’s chances of obtaining a coastal development permit which is needed before construction can begin.

Commissioners who supported the road extension said they did not believe it would harm the park. After listening to hours of testimony from both sides, there is merit on both sides,” said William Burke, a commissioner from Los Angeles. “I’m not convinced [the park] is in jeopardy.”

The Irvine-based Transportation Corridor Agencies, the state-established joint powers authority overseeing the tollway project, said the road would not touch the sand on the beach and would be hundreds of yards from San Mateo campground, part of the 3,000-acre state beach.

On Feb. 8, the TCA announced that they have filed an appeal to the commission’s decision. The ruling can be appealed because, under the rules the commission operates, the freeway is treated as if it were a federal government project. This designation stems from the project’s need for federal permits from such agencies as the U.S. Army Corps of Engineers, as well as permission from the Navy, the landlord of Camp Pendleton.

The appeal was filed with the US Department of Commerce. Under the federal Coastal Zone Management Act, the Secretary of the Department of Commerce has the authority to override the Coastal Commission’s objection to consistency certification if the secretary finds that the project is consistent with the objectives and purposes of the federal Coastal Zone Management Act or is necessary in the interest of national security. Federal regulations establish a 235-day deadline for the secretary’s consideration of the appeal.

The toll road would run 16 miles from Oso Parkway in Rancho Santa Margarita and slice through the northern half of San Onofre State Beach before connecting with Interstate 5 at Basilone Road in north San Diego County. The tollway would pass over a marine estuary in the park.

The tollway’s alignment was selected after extensive study and a collaborative effort from local, state, and federal agencies, including the Army Corps of Engineers, Federal Highway Administration, Caltrans, Marine Corp Base Camp Pendleton and TCA. The group met more than 50 times over six years and the recommendation on the alignment by the state and federal transportation and environmental agencies was collaborative.

“We are very disappointed that the Coastal Commission failed to recognize the years of study that have gone into this roadway’s planning and design to protect the environment and valuable state park and coastal resources,” said Lance McLean, chairman of the Foothill/Eastern Transportation Agency. “We firmly believe the project we have proposed will provide traffic relief and do so in an environmentally friendly way.”

More than 500 supporters of the toll road came out to support the project, including hundreds of craft union members.

The project has been carefully designed to minimize the environmental impact, say supporters. They cite the fact that the path of the toll road was shifted to avoid six acres of wetlands and the habitats endangered animals such as the Pacific pocket mouse and the arroyo toad.

They also note that bridges and tunnels will be built to allow animals to safely cross under the road and the alignment will be fenced to lead animals under the crossing. Traffic on I-5 is expected to increase by 60 percent at the Orange County/San Diego line by 2025. Extending the 241 Toll Road and creating an alternative route to I-5, travel time on I-5 will be significantly reduced.

Proponents also say that the reduced traffic congestion means cars are spending less time burning fuel while idling in bumper to bumper traffic. Independent studies have confirmed that the roadway will have a negligible impact on San Onofre State Beach park.

The project has undergone two decades of environmental review under the guidelines of the California Environmental Quality Act (CEQA), say proponents. The Draft EIS/SEIR was released for public review in May of 2004 and received overwhelming community support. Environmental groups have taken the issue directly to the Democratic Party and are pressuring lawmakers to pass resolutions, and sign letters and petitions opposing the project.