California Code of Regulations
Title 21 - Public Works
Division 2 - Department of Transportation
Chapter 20 - Permissible Activity and Use of Safety Roadside Rest Areas and Vista Points in and Along California State Highways
Article 4 - Procedures to Follow in Obtaining an Agreement or Permit for Permissible Activities
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:

(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: