Amended in Senate April 9, 2014

Senate BillNo. 968


Introduced by Senator Hill

February 10, 2014


An act to add Section 6213.5 to the Public Resources Code, relating to public lands.

LEGISLATIVE COUNSEL’S DIGEST

SB 968, as amended, Hill. Public lands: Martin’s Beach property: access road.

(1) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under existing law, the commission has jurisdiction over various state lands, including coastal lands. Existing law authorizes the commission to acquire a right-of-way or easement across private land in certain circumstances.

This bill would require the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the Martin’s Beach property, as described, in the unincorporated area of the County of San Mateo, to acquirebegin delete all or a portion of that propertyend deletebegin insert a right-of-way or easementend insert for the creation of a specified public accessbegin delete roadend deletebegin insert routeend insert on the property, including the sandy beach. If the commission is unable to reach an agreement to acquirebegin delete all or a portion of the Martin’s Beach propertyend deletebegin insert that right-of-way or easementend insert by January 1, 2016, the bill would require the commission to acquirebegin delete all or a portion of that property, as described, by eminent domainend delete,begin insert by eminent domain, a right-of-way or easement for the creation of that public access route to and along the shoreline, including the sandy beach, at Martin’s Beach,end insert as prescribed.begin insert The bill would require the commission to consult and enter into negotiations with local stakeholders, as described, to address the ongoing management and operation of any property acquired pursuant to these provisions.end insert

(2) The bill would declare that due to the unique circumstances and features of the Martin’s Beach property, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Section 4 of Article X of the California Constitution
4mandates that no individual shall be permitted to exclude the
5right-of-way to coastal waters of the state whenever it is required
6for any public purpose.

7(b) Section 4 of Article X of the California Constitution further
8mandates that “the Legislature shall enact such laws as will give
9the most liberal construction to this [beach access] provision, so
10that access to the navigable waters of this State shall be always
11attainable for the people thereof.”

12(c) The California Coastal Act of 1976 (Division 20
13(commencing with Section 30000) of the Public Resources Code)
14was enacted, in part, to maximize constitutionally protected public
15access to and along the coast.

16(d) Martins Beach Road transects a 53-acre property at 22325
17Cabrillo Highway in San Mateo County.

18(e) Martins Beach Road is the only terrestrial access to Martin’s
19Beach,begin delete a 200-acreend deletebegin insert an approximately 20-acreend insert sandy beach that is
20a significant local coastal resource that has been accessible to local
21residents and visitors for more than 100 years.

22(f) The unique geography and tidal regime at Martin’s Beach
23make it exceptionally valuable for surfing, fishing, and swimming.

24(g) From early in the 20th century until 2008, public access to
25Martin’s Beach via Martins Beach Road off of Highway 1 south
26of Half Moon Bay had been allowed for recreational use.

27(h) Generations of families have enjoyed public access to
28Martin’s Beach, which has contributed to the local economy.

P3    1(i) The recent sale and subsequent closure of Martin’s Beach
2eliminated this historic access and has cut off a large sandy beach
3that had for decades been open to visitors, including families,
4surfers, fishermen, tourists, and beach goers.

5(j) The closure of beach access at Martin’s Beach is now the
6subject of two separate lawsuits filed in San Mateo County Superior
7Court.

8

SEC. 2.  

Section 6213.5 is added to the Public Resources Code,
9to read:

10

6213.5.  

(a) begin deleteNotwithstanding any other law, the end deletebegin insertThe end insertcommission
11shall consult, and enter into any necessary negotiations, with the
12owners of the property known as Martin’s Beach, consisting of
13two parcels of land, APN: 066-330-230 and APN: 066-330-240,
14in the unincorporated area of the County of San Mateo, to acquire
15begin delete all or a portion of that propertyend deletebegin insert a right-of-way or easement
16pursuant to Section 6210.9end insert
for the creation of a public accessbegin delete roadend delete
17begin insert routeend insert to and along the shoreline, including the sandy beach, at
18Martin’s Beach at the South Cabrillo Highway.

19(b) If the commission is unable to reach an agreement to acquire
20begin delete all or a portion of the Martin’s Beach property,end deletebegin insert a right-of-way or
21easementend insert
pursuant to subdivision (a), by January 1, 2016, it shall
22acquirebegin delete all or a portion of that propertyend deletebegin insert, by eminent domain, a
23right-of-way or easement pursuant to Section 6210.9end insert
for the
24creation of a public accessbegin delete roadend deletebegin insert routeend insert to and along the shoreline,
25including the sandy beach, at Martin’s Beach at the South Cabrillo
26Highwaybegin delete by eminent domainend deletebegin insert,end insert in accordance with the procedures
27set forth inbegin delete Article 2 (commencing with Section 1245.210) of
28Chapter 4 ofend delete
Title 7begin insert (commencing with Section 1230.170)end insert of Part
293 of the Code of Civil Procedure.

begin insert

30(c) The commission shall consult and enter into negotiations
31with local stakeholders, including, but not limited to, local and
32regional governments and governmental entities, to address the
33ongoing management and operation of any property acquired
34pursuant to this section.

end insert
35

SEC. 3.  

Due to the unique circumstances and features of the
36Martin’s Beach property, the Legislature finds and declares that a
37general statute cannot be made applicable within the meaning of
38Section 16 of Article IV of the California Constitution. Therefore,
P4    1the special legislation contained in Sectionbegin delete 1end deletebegin insert 2end insert of this act is only
2applicable to that property in the County of San Mateo.



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