Coastal Access Management Plan. 3.2.3.1 Any future work performed or funded by TCA for the SR-241 Extension Project, and occurring in that portion of San Mateo Creek and adjacent lands that are outside of the Avoidance Area, as shown on Sheet 2 of Exhibit C, shall conform and be subject to a coastal access management plan (“Coastal Access Management Plan”). As early in the Environmental Review Process as possible, but no later than December 31, 2017, TCA and SSOC, in consultation with the Environmental Oversight Committee, and with the participation of TCA and SSOC consultants, shall prepare and execute a mutually-agreeable Coastal Access Management Plan that is designed to achieve the following: (a) During construction, ensure continuous pedestrian access to Trestles Beach from Panhe Nature Trail/San Xxxxxx State Beach Trail (“Beach Trail”), and continuous pedestrian, skateboard, and bicycle access both across Interstate-5 via Cristianitos Road and to the existing trail located just west of and paralleling the southbound on-ramp to Interstate 5 at Cristianitos Road, which connects Cristianitos Road to the Beach Trail (“Bike Trail”). For reference, the Beach Trail and Bike Trail are depicted on Sheet 2 of Exhibit C. TCA may, at times, provide an alternate means of access where required for safety or constructability purposes. Such alternative access shall ensure at least an equivalent level of pedestrian, skateboard and bicycle access, shall be in place whenever access to the Beach Trail or Bike Trail is closed or substantially restricted, and shall be in place for the minimum period needed for safety or constructability purposes. (b) Ensure that permanent road improvements do not adversely affect permanent public access on the Beach Trail and Bike Trail, including, without limitation, avoiding construction of structures or installation of pavement within the area shown as the “No Pavement Area” on Sheet 2 of Exhibit C, and provide a minimum 10-foot setback of any above- ground permanent improvements from the Bike Trail. The parties acknowledge that it may not be possible to provide a 10-foot setback at the southbound on-ramp to Interstate 5 at Cristianitos Road, in which case, TCA shall provide the maximum setback distance that is possible within the existing State right-of-way. (c) Provide improvements, which shall be specifically identified in the Coastal Access Management Plan, that will enhance the public access experience for SOSB visitors. (d) Avoid ground disturbance, vegetation removal, and impacts to wetlands and riparian areas within the disturbance limits shown on Sheet 2 of Exhibit C to the maximum extent feasible. 3.2.3.2 In preparing and implementing the Coastal Access Management Plan, TCA and SSOC recognize and mutually agree that: (i) TCA shall implement each of the Coastal Access Management Plan measures so long as the measure does not preclude compliance with a direction, regulation, or guidance that is issued by a Resource Agency and is applicable to an approved Post-Settlement Alignment; (ii) the Coastal Access Management Plan measures shall be separate from, and in addition to, the Conservation Measures required by Section 3.2.2; and (iii) TCA’s ability to agree to or implement a Coastal Access Management Plan measure may be limited by an obligation to mitigate impacts to Camp Xxxxxxxxx imposed on TCA by the Marine Corps (“MC Measures”), provided, however, that TCA will use its best efforts to obtain MC Measures that avoid any conflicts with or limitations on the Coastal Access Management Plan measures, and where such conflict or limitation exists, the Parties will use good faith efforts to resolve such conflict or limitation in a manner that achieves the parameters identified in Section 3.2.3.1, or to the extent those parameters cannot be fully achieved, agree on alternative measures that will achieve those parameters to the maximum extent possible. Nothing in this Section 3.2.3.2 shall be construed as an endorsement by SSOC of any MC Measures or other proposals, projects or actions related to Camp Xxxxxxxxx that are within the Avoidance Area or located southerly and easterly of the Project Limit Line, or as limiting SSOC’s rights to Oppose such measures, proposals, projects or actions. 3.2.3.3 This Section 3.2.3 is not intended to limit TCA’s mitigation obligations under applicable laws should those obligations exceed TCA’s obligations under the Coastal Access Management Plan as required by this section. Coastal Access Management Plan obligations shall serve as mitigation required under the Environmental Review Process for any approved Post-Settlement Alignment to the full extent permitted by the Lead Agencies or applicable Resource Agency.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Coastal Access Management Plan. 3.2.3.1 Any future work performed or funded by TCA for the SR-241 Extension Project, and occurring in that portion of San Mateo Creek and adjacent lands that are outside of the Avoidance Area, as shown on Sheet 2 of Exhibit C, shall conform and be subject to a coastal access management plan (“Coastal Access Management Plan”). As early in the Environmental Review Process as possible, but no later than December 31, 2017, TCA and SSOC, in consultation with the Environmental Oversight Committee, and with the participation of TCA and SSOC consultants, shall prepare and execute a mutually-agreeable Coastal Access Management Plan that is designed to achieve the following:
(a) During construction, ensure continuous pedestrian access to Trestles Beach from Panhe Nature Trail/San Xxxxxx State Beach Trail (“Beach Trail”), and continuous pedestrian, skateboard, and bicycle access both across Interstate-5 via Cristianitos Road and to the existing trail located just west of and paralleling the southbound on-ramp to Interstate 5 at Cristianitos Road, which connects Cristianitos Road to the Beach Trail (“Bike Trail”). For reference, the Beach Trail and Bike Trail are depicted on Sheet 2 of Exhibit C. TCA may, at times, provide an alternate means of access where required for safety or constructability purposes. Such alternative access shall ensure at least an equivalent level of pedestrian, skateboard and bicycle access, shall be in place whenever access to the Beach Trail or Bike Trail is closed or substantially restricted, and shall be in place for the minimum period needed for safety or constructability purposes.
(b) Ensure that permanent road improvements do not adversely affect permanent public access on the Beach Trail and Bike Trail, including, without limitation, avoiding construction of structures or installation of pavement within the area shown as the “No Pavement Area” on Sheet 2 of Exhibit C, and provide a minimum 10-foot setback of any above- ground permanent improvements from the Bike Trail. The parties acknowledge that it may not be possible to provide a 10-foot setback at the southbound on-ramp to Interstate 5 at Cristianitos Road, in which case, TCA shall provide the maximum setback distance that is possible within the existing State right-of-way.
(c) Provide improvements, which shall be specifically identified in the Coastal Access Management Plan, that will enhance the public access experience for SOSB visitors.
(d) Avoid ground disturbance, vegetation removal, and impacts to wetlands and riparian areas within the disturbance limits shown on Sheet 2 of Exhibit C to the maximum extent feasible.
3.2.3.2 In preparing and implementing the Coastal Access Management Plan, TCA and SSOC recognize and mutually agree that: (i) TCA shall implement each of the Coastal Access Management Plan measures so long as the measure does not preclude compliance with a direction, regulation, or guidance that is issued by a Resource Agency and is applicable to an approved Post-Settlement Alignment; (ii) the Coastal Access Management Plan measures shall be separate from, and in addition to, the Conservation Measures required by Section 3.2.2; and (iii) TCA’s ability to agree to or implement a Coastal Access Management Plan measure may be limited by an obligation to mitigate impacts to Camp Xxxxxxxxx imposed on TCA by the Marine Corps (“MC Measures”), provided, however, that TCA will use its best efforts to obtain MC Measures that avoid any conflicts with or limitations on the Coastal Access Management Plan measures, and where such conflict or limitation exists, the Parties will use good faith efforts to resolve such conflict or limitation in a manner that achieves the parameters identified in Section 3.2.3.1, or to the extent those parameters cannot be fully achieved, agree on alternative measures that will achieve those parameters to the maximum extent possible. Nothing in this Section 3.2.3.2 shall be construed as an endorsement by SSOC of any MC Measures or other proposals, projects or actions related to Camp Xxxxxxxxx that are within the Avoidance Area or located southerly and easterly of the Project Limit Line, or as limiting SSOC’s rights to Oppose such measures, proposals, projects or actions.
3.2.3.3 This Section 3.2.3 is not intended to limit TCA’s mitigation obligations under applicable laws should those obligations exceed TCA’s obligations under the Coastal Access Management Plan as required by this section. Coastal Access Management Plan obligations shall serve as mitigation required under the Environmental Review Process for any approved Post-Settlement Alignment to the full extent permitted by the Lead Agencies or applicable Resource Agency.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
