1971

Added April 3, 2021 

The California State Park at San Onofre State Beach Lines in the Sand p. 1129

"Encompassing 3,000 acres of scenic canyons and over three miles of sandy coastline near the border between Orange County and San Diego County, San Onofre State Beach is one of the most popular and beloved parks in California’s state park system. Created in 1971 by President Richard Nixon with the support of Governor Ronald Reagan, San Onofre is the fourth most visited state park in California, receiving over 2.5 million visitors a year. At the time of San Onofre’s dedication, State Parks Director William Penn Mott Jr. announced that “this beach and the backup land represents [sic] the finest beach in one contiguous stretch in the United States.”.

The Orange County Board of Supervisors initiate the Southeast Orange County Circulation Plan (SEOCCS) for the purpose of developing an information base to revise the Mater Plan of Arterial Highways (MPAH) in Southeast Orange County. The study was completed in 1975 . The SEOCCS identified four growth or land use alternatives, two included the Foothill Transportation Corridor (FTC) running parallel to the I-5 south of SR55 Eastern Transportation Corridor SEIS Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page 1-1

EPA has established the National Ambient Air Quality Standards for six "criteria" air pollutants - which are widespread common pollutants known to be harmful to human health:

1. Carbon monoxide pollution
2. Lead air pollution
3. Nitrogen oxide pollution
4. Ozone pollution
5. Particulate matter pollution
6. Sulfur dioxide pollution

Under the Federal Clean Air Act, a metropolitan planning organization (MPO) must certify that the transportation projects it approves are in conformity with SIP. In the South Coast Air Basin SCAG is the MPO. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-116

Final SOCTIIP EIR/SEIR 123 was certified by the County of Orange in 1981 and resulted in a conceptual alignment for a transportation corridor facility being placed on the County's Master Plan of Arterial Highways (MPAH).

The MPAH shows the alignment of the existing FTC-N and a conceptual alignment for the FTC-S. State Routes 73, 133, 241 and 261 were roughly sketched onto the county's road plans.  

Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1

SUBDIVISION MAP ACT: RMV STARTS CREATING NEW PARCELS

Certificate of Compliance CC 82-2 Instrument No: 198200313505, subdivided ranch land owned by Rancho Mission Viejo and established 9 new parcels of land shown on tract map 82-107.

Owner of Record: Rancho Mission Viejo
28811 Ortega Highway PO Box 9
San Juan Capistrano CA 92675
Phone: (714) 831-6450

The Orange County Environmental Management Agency (OCEMA) began Phase I (November 1983 to February 1986) of the ETC study commenced involving a 125 mile study area between I-5 and SR 91.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-15

ETC Master Environmental Baseline Study (Volume III) completed by the County. This Volume documented existing environmental conditions in the ETC study area south of I-5 where ETC facilities would transition to the arterial network.Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-2 and page XIII-I

Report: Eastern Transportation Corridor Matrix Evaluation Process Phase I Scoping Report (May 1985)

ETC Master Environmental Baseline Study (Volume IV) completed by the County. Volume IV documented existing environmental conditions in the expanded ETC study area that ultimately became known as the East Leg. The County Board of Supervisors subsequently adopted a reduced number of alternatives to be addressed in more detail in Phase II of the ETC study in a Tier I Route Location Study EIR.Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-2

Report County of Orange, Eastern Transportation Corridor Matrix Evaluation Process Supplemental Alternatives Analysis (January 1986)

The Orange County Environmental Management Agency (OCEMA) completed Phase I of the ETC study Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page II-15

Phase I environmental baseline studies:

County of Orange Master Environmental Baseline Study (MEBS) Volume I (September 1984)

County of Orange Master Environmental Baseline Study (MEBS) Volume II: Appendices (September 1984)

County of Orange Master Environmental Baseline Study (MEBS) Volume III: Transition Area (May 1985)

County of Orange Master Environmental Baseline Study (MEBS) Volume IV: Supplemental Alternatives Analysis (January 1986)

In September 1986 Caltrans submitted its evaluation of the regional transportation plans to the CTC. With its evaluation was the recommendation that the existing guidelines be revised to reflect changes that have occurred since the previous guidelines were adopted,

Foothill Transportation Corridor Cristianitos Segment Alternative Alignment Analysis (County of Orange, September 1986) Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS page 11-16

Senate Bill 1413 passed authorizing Toll Roads Authorizing Toll Roads in Orange County

Chapter 1402 - Senate Bill 1413 (Seymour)

This act authorizes the construction of toll roads in Orange County. The purpose of the toll roads is to provide a funding mechanism for highways and to help reduce congestion. Prior to charging tolls on roads, a local resolution must be enacted declaring that funding is not available from any federal, state, or other source. Toll roads constructed pursuant to this act must be designed and constructed to the standards and specifications of the Department of Transportation, and be constructed parallel to other public highways and roads. The toll road may be transferred to the state, subject to an agreement on terms and conditions satisfactory to the Director of the Department of Transportation. This act will have only a minor cost impact on the Department of Transportation to review and approve plans for any toll roads in Orange County.

https://lao.ca.gov/reports/1987/11_87_major_financial_legislation_enacted_in_1987.pdf page 19

The California Legislature establishes the framework for the state highway system by describing each route by statute, specifically, in the California Streets and Highways Code. Chapter 1363 (now codified at California Streets and Highways Code section 541) defines SR 241 as:

"Route 241 is from Route 5 south of San Clemente to Route 91 in the City of Anaheim". 

Route 241 was legislated to bypass San Clemente and connect to Route 5 in San Diego County. Neither TCA, the County of Orange or Caltrans has the authority to alter a route from it's statutory alignment. Without an amendment to California Streets and Highways Code section 541, SR 241 cannot connect to Route 5 in San Clemente, the connection must be south of San Clemente in San Diego County.

The Orange County Board of Supervisors certified EIR 451 as being complete, adequate and in full compliance with CEQA (Resolution No. 88-827) ETC Route Location Study EIR No. 451 certified by the County Board of Supervisors adopted a preferred set of route alternatives for further study in the subsequent EIR and Federal Environmental process.  TCA and the County of Orange adopted network alternative E1 as the proposed project to be carried forward for more detailed study in the current EIS. This included links 8, 12, 21A, 64, 64A, 72A and 83B Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 Table 1-1 and page 11-20 and page VI-17 and page XIII-2 and page XXX-2 and page XIII-2.

Foothill/Eastern TCA  Public Hearing and meetings on Phase II Route Location Study. Foothill/Easter Transportation Corridor Agency (TCA) adopts alternatives to be carried forward into Phase III of the ETC study for construction level analysis in a Tier EIR/EIS accordingly.  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page XIII-2

From 1989 to 1991, the TCA prepared TCA EIR No. 3, for the selection of a locally-preferred alignment for the Foothill-South.

TCA EIR No. 3 was circulated for a 60-day review period which included public hearings.

A Supplemental EIR ("SEIR") was then circulated containing changes to the "C" Alignment through San Onofre State Beach.  The "Modified C Alignment," which was selected as the locally-preferred alternative by the TCA and is consistent with the codified route for the SR 241.

Following input from the United States Fish and Wildlife Services, the "Modified "C" Alignment was further modified and named the "CP Alignment." The CP Alignment went around San Clemente and connected to Route 5 south of the San Clemente city limits at Basilone Road.

1989 (AQMP) Air Quality Management Plan. In 1989, SCAG, AQMD and CARB approved a new AQMP for the Basin. The AQMP has not beenn approved by the EPA as part of the SIP, but it is the most current regional air quality plan approved at the state level. Following disapproval of the 1982 SIP and failure to meet the dealine for attainment of CO and O₂ National Ambient Air Quality Standards, EPA initiated a (FIP) Federal Implementation Plan in Coalition for Clean Air v Reilly (1988). Development of the FIP was superseded by the Clean Air Act Amendments of 1990. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-116

TCA certified final Supplemental EIR 423, which evaluated the northern portion of the FTC as a toll facility. The northern portion of the FTC ("Foothill-North"), was constructed in segments from 1995 to 1998 and begins at Oso Parkway near Rancho Santa Margarita and proceeds north where it terminates at SR-91 near the Santa Ana River in the City of Anaheim. Supplemental Environmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page III-41 

USFWS lists 19 species of plants native to California that are endangered or threatened. USFWS lists 37 species of animals native to California that are endangered or threatened. Supplemental Environmental   Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-41 and page XIII-9 and Appendix I USFWS Species List

In March 1991, the (ACOE) Army Corps of Engineers was contacted concerning wetlands and biological reports sent to the ACOE earlier.  Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page IV-28 and page XIII-9

An EIR was certified by the F/ETC Board of Directors on October 10, 1991 for the southern segment from the extension of Oso Parkway to an intersection with I-5 in San Clemente. Two basic alignment alternatives were evaluated for this segment. The BX Alignment would intersect with I-5 in the vicinity of Avenida Pico in San Clemente while the C alignment would intersect I-5 in the vicinity of Basilone Road.The Board of dDistrictors selected the C alignment as the locally prefered altrenative. Construction on this segment is not expected to begin until after 1995. SR 241 will be operated as a toll facility until the construction bonds are retired. Supplemental Enviornmental Impact Statement for the Eastern Transportation Corridor EIS 2-1 page III-42 and IX-9

Petitioner’s Petition for Review of Waste Discharge Requirements Order No. R9-2013-0007 (SWRCB/OCC File A-2259), p. 4.

MOU Between the Caliifornia Department of Fish and Game and the US Fish and Wildlife Services for Coastal Sage Scrub Natural Community Conservation Planning in Southern California. 

The Coastal Sage Scrub (CSS) NCCP is the first such planning effort to be initiated under the Act. It was undertaken as a pilot project to develop a process for accelerated conservation planning at a regional scale which may serve as a model for other NCCPs elsewhere in the state. 

Because the CSS NCCP program is a pilot program for possible application elsewhere in California, it is sponsored jointly by the California Resources Agency and the California Department of Fish and Game (CDFG). Where these process guidelines refer to participation in agreements or other action by CDFG, it should be understood that for this program, this means both the Resources Agency and CDFG. Both state agencies are proceeding in cooperation with the U. S. Fish and Wildlife Service (USFWS) (See 12/4/91 MOU between CDFG and USFWS).

County Enrollment in NCCP Program 

City of Anaheim, 1992
City of Dana Point, 1992
City of Huntington Beach, 1992
City of Laguna Beach, 1992
City of Mission Viejo, 1994
City of Newport Beach, 1992
City of Orange, 1992
City of San Clemente, 1992
City of Tustin, 1992
City of Yorba Linda, 1995
Transportation Corridor Agencies, 1992
El Toro Marine Corps Air Station (Cooperator)
Arvida/JMBI (Talega), 1992
Arvida/JMBII (Coto de Caza), 1992
Chevron USA, 1992
Irvine Company, 1992
Pacific Coast Homes, 1992
Roberts Ranch, 1992
Santa Margarita Company, 1992

Planning Agreement signed by County, Service, CDFG and participating landowners. Two subregions created: Coastal/Central (Irvine Ranch) and Southern (Rancho Mission Viejo) 

Originally, participating landowners (those that provided funding or in kind services) included the County, SMWD, RMV, Transportation Corridor Agencies (TCA), Marblehead Coastal, and Talega Ranch.

The NCCP/HCP was prepared in accordance with the terms of a May 7, 1993, Planning Memorandum of Agreement (MOA) signed by CDFG, USFWS, the County of Orange and "participating landowners".

Local Government jurisdiction that contain lands included in the reserve are the:

• City of Anaheim
• City of Coasta Mesa
• City of Irvine
• City of Laguna Beach
• City of Newport Beach
• City of Orange
• City of San Juan Capistrano and
• Unincorporated Orange County

"Participating Landowners" include:

• Southern California Edison
• Metropolitan Water District of Southern California
• Irvine Ranch Water District
• Transportation Corridor Agencies
• MH Sherman Company/Chandis Securities Company/Sherman Foundation
• The Irvine Company
• University of California- Irvine
• California Department of Parks and Recreation
• California Department of Fish and Game
• County of Orange

The Habbitat Reserve System is owned and operated by public agencies and administered by  a Non-profit Management Corporation consisting of representatives of individual reserve owners, the CDFG, CDF, USFWS and three "public" members appointed by the Board of Directors.

Conservation Plan & Habitat Conservation Plan County of Orange Central & Coastal Subregion Parts 1 & 11: NCCP/HCP ES-6, Species Covered page ES 17 

CDFG in cooperation with the USFWS and based on extensive public review and comment during 1992 and 1993 published Process Guidelines that were intended to provide guidance concerning the required content of NCCPs and the steps that should be followed during preparation of subregional NCCPs.

The NCCP Conservation Guidelines (Appendix D) set forth three fundamental conservation planning principles that, in effect, provide the subregional and regional planning framework for the coastal sage scrub NCCP program. These principles involve the following:

• • Creation of a Coastal Sage Scrub Habitat Reserve.
  • Focus on Reserves Designed to Provide “Connectivity.”
  • Implement Adaptive Management Within Reserves

 Draft NCCP/MSAA/HCP page 1-26, 1-28 and Appendix D

USFWS Special Rule and Section 10(a)(1)(B) Coastal California Gnatcather

On December 10, 1993, USFWS finalized the Special Rule for the coastal California gnatcatcher. The Special Rule stated:

“ . . . incidental take of the coastal California gnatcatcher will not be considered a violation of Section 9 of the Endangered Species Act of 1973, as amended (Act), if it results from activities conducted pursuant to the State of California’s Natural Community Conservation Planning Act of 1991 (NCCP), and in accordance with a NCCP Plan for the protection of coastal sage scrub habitat, prepared consistent with the state’s NCCP Conservation and Processing Guidelines, provided that:

(i) The NCCP Plan has been prepared, approved and implemented pursuant to the California Fish and Game Code Sections 2800-2840; and

(ii) The USFWS has issued written concurrence that the NCCP plan meets the standards set forth in CFR 17.33(b)(2). The Service shall issue its concurrence pursuant to the provisions of the Memorandum of Understanding dated December 3, 1991, between the California Department of Fish and Game and the Service regarding coastal sage scrub natural community conservation planning in southern California. (Federal Register, Vol. 58, No. 236, December 10, 1993, emphasis added) 

The above excerpts from the Special Rule indicate that:

(1) the NCCP planning process can serve as a means of comprehensively addressing coastal sage scrub habitat conservation concerns at a regional and subregional scale;

(2) the standard of review of such plans by the USFWS will be consistency with the NCCP Conservation Guidelines and compliance with the requirements of Section 10(a)(1)(B) of FESA (the Habitat Conservation Plan provisions of FESA); and

(3) the 1991 USFWS/CDFG MOU is to serve as the guiding document for USFWS involvement in the review and approval of NCCP plans. Thus, the Special Rule provides the regulatory bridge for integrating the State’s NCCP program into the HCP/incidental take requirements of Section 10(a)(1)(B) of FESA.

The addition of the state MSAA to the NCCP as a component of the combined NCCP/MSAA/HCP does not affect the above discussion. Because the MSAA and NCCP definition of riparian habitat are essentially the same, the identification and mitigation of impacts to streambeds and related habitat meeting the riparian definition support both the regulatory and long-term management goals, objectives and requirements under FESA. Arguably, the addition of the state MSAA regulatory provisions to the original NCCP/HCP strengthens the ability of the County, participating landowners and Wildlife Agencies to implement the NCCP/MSAA/HCP in a manner that addresses the long-term conservation requirements of all three statutory programs.

Draft NCCP/MSAA/HCP page 1-25

RMV DID NOT SIGN THE NCCP AGREEMENT FOR THE SOUTHERN REGION

A combination of the lengthy recession and a need by RMV to re-think its estate planning resulted in the Southern Subregion program going into hiatus, a pause that lasted until the middle of 1997. During this pause in the process, RMV and the County re-considered the overall scope of the NCCP/HCP process and decided to expand the overall planning process to address aquatic resources concurrent with upland resources through preparation of a Special Area Management Plan (SAMP) under the direction of the U. S. Army Corps of Engineers (USACE) and Master Streambed Alteration Agreement (MSAA) under the direction of CDFG as companion pieces to the NCCP/HCP.

SUBDIVISION MAP ACT: RMV STARTS CREATING NEW PARCELS

Certificate of Compliance CC 95-01 Instrument No: 199500112516, further subdivided Parcel 7 of CC-82-2 and established 8 new parcels.

Owner of Record: San Juan Partnership No. 1
28811 Ortega Highway PO Box 9
San Juan Capistrano CA 92693
Anthony Moiso, General Partner
Richard J O'Neill, General Partner

The 241 Subdivides Parcel 3 and Parcel 4. Oso Parkway splits Parcel 1 from Parcel 3 and Parcel 2 from Parcel 4.