Cal. Code Regs. tit. 21 § 2210

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 2210 - Other Uses and Activities

(a) The department may consider activities and uses in safety roadside rest areas, and when specifically provided by statute, in vista point areas other than those referred to in the preceding sections of this Article, after a written request or proposal has been submitted to the department's Office of Landscape Architecture in Sacramento which provides the following information:

(1) How and in what manner the proposed activity or use meets the purposes and intent of the safety roadside rest area or vista point program.

(2) Outlines in detail, using factual data to as great an extent as possible, what the sponsor believes are the traveler benefits; that is, how the traveler will be a more rested person or a safer driver and how the traveler will experience a more relaxing and comfortable stay.

(3) If the proposal is for the placement, installation, construction or operation of permanent facilities, provides information regarding (A) cost to install, operate and maintain the facilities, (B) expected term of use and rental proposed, (C) a site or plot plan showing the total facility proposed, (D) design detail and specifications, and (E) which safety roadside rest areas or vista points are included as part of the proposal.

(4) If the activity or use requires the applicant, its representatives or employees, to conduct the permissible activity on the safety roadside rest area or vista point in person, the agreement may require that a badge be worn by each person and contain all or any part of the following information:

A. the person's name.

B. the organization name and address as shown in the agreement.

C. the name and location of the roadside rest area or vista point identified in the agreement.

D. the date of agreement, expiration date and when appropriate, specified days and hours of permitted use.

(b) It is possible that some proposals made under this section will require a period of time to determine whether the use or activity is permissible or should be made permissible by a change in the statute. Also, it is anticipated that extensive studies may be required to determine whether a proposed use or activity should be allowed as proposed, even if permissible, and whether there is substantial benefit to the state and to the traveler. Therefore, when a use or activity is proposed, the department may allow such use or activity for the sole and temporary purpose of demonstrating its value and benefit to the state and the traveler.

Further, if a written proposal indicates it has probable substantial value and benefits within the permissible statutory use or activity, the department may enter into an agreement and permit such use or activity for a temporary demonstration period. During this period, the sponsor and department may jointly evaluate the proposal, conduct studies and generally test the desirability of the proposal in terms of state interest and of traveler benefits.

Unless otherwise provided, the cost to place, install, construct, operate and maintain such a facility for demonstration purposes shall be at the sole cost, expense and responsibility of the sponsor. Unless agreed otherwise, all tests and studies of the proposal during the demonstration period shall be at the sole cost and expense of the sponsor. The sponsor shall be required to indemnify the state for injuries and damages to its property or to third persons, and where deemed desirable by the department, insurance, or bond, or both, in the appropriate amounts shall be required.

If the results of the study during the demonstration of the proposed use or activity are found not to provide substantial state or traveler benefits or are otherwise not acceptable, then notice of the rejection shall be sent to the sponsor. Unless otherwise provided, the sponsor shall be given thirty (30) days in the Notice to Remove, at the sponsor's sole cost and expense, any and all facilities installed or constructed. The department shall provide its reasons for denial in its notice, and its decision shall be final.

(c) Any written proposal submitted under this section shall be either rejected, accepted or accepted for demonstration purposes within sixty (60) days after receipt of the proposal by the department. The department may give its reasons for rejection of the proposal.

(d) As to any written proposal submitted under this section, the department may solicit other proposals and it may solicit competitive bids on proposals either offered or found acceptable but not approved by an executed agreement. It is the purpose of this provision to provide the department with a degree of flexibility as to the use and management of its safety roadside rest and vista point areas. In this context it is desirable that proposed uses or activities be installed, operated and maintained to the overall public benefit. Conceivably, even a sponsor of such uses or activities may not be able to provide such a service. Therefore, the following minimum factors or criteria may be used as the basis to consider the proposal, similar proposals or seek competitive proposals or bids from other parties:

(1) Whether the design, layout of facilities and materials, including quality and desirability, meet the standards established by the department in its review of the proposal.

(2) Whether the department's startup costs and costs of operation and maintenance are reasonable in terms of the benefits of the proposal.

(3) Whether the sponsor's experience and financial and management capabilities, as well as those of any consultants, architects, contractors and other suppliers the sponsor will employ, indicate the ability to construct, maintain and operate the proposed activity or use in a manner acceptable to the department.

(4) Whether the timing and the safety roadside rest or vista point area(s) the sponsor desires to use in his proposal, or both, are acceptable to the department.

(5) Whether any safety problems as regards pedestrian uses and vehicular requirements in the safety roadside rest or vista point area(s) and along the highway are properly or adequately handled or resolved.

(6) Whether there would be exposure of the traveler to injury and of the department to claims for injury or damage.

(7) Whether the proposal contains a substantiation of traveler benefits and furtherance of the state's interest.

(8) Whether the proposal contains appropriate and acceptable income provisions for the state.

(9) Whether the proposal is deemed to be economically sound.

(10) What impact the proposed use or activity is estimated to have on overall safety roadside rest area or vista point usage, including, but not limited to, such factors as any anticipated increase in the number of motorists using the facility, their length of stay and any change in their habits or their usage of the facilities during their stay.

Cal. Code Regs. Tit. 21, § 2210

1. Renumbering and amendment of former section 2210 to section 2207, including amendment of NOTE, and renumbering and amendment of former section 2213 to 2210 filed 3-7-95; operative 4-6-95 (Register 95, No. 10).

Note: Authority cited: Section 225, Streets and Highways Code. Reference: Sections 155.6, 220 and 225, Streets and Highways Code.

1. Renumbering and amendment of former section 2210 to section 2207, including amendment of Note, and renumbering and amendment of former section 2213 to 2210 filed 3-7-95; operative 4-6-95 (Register 95, No. 10).