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 acquire a right-of-way or easement for the creation of a specified public access routebegin delete on the property,end deletebegin insert
to and along the shoreline,end insert
including the sandy beach. If the commission is unable to reach an agreement to acquire that right-of-way or easementbegin insert and the owners do not voluntarily provide public accessend insert by January 1, 2016, the bill would require the commission to acquire, 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, as prescribed. 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.
(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:
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, an approximately 20-acre sandy beach that is a significant
20local coastal resource that has been accessible to local residents
21and 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.
Section 6213.5 is added to the Public Resources Code,
9to read:
(a) begin insert(1)end insertbegin insert end insert The commission shall consult, and enter into
11any necessary negotiations, with the owners of the property known
12as Martin’s Beach, consisting of two parcels of land, APN:
13066-330-230 and APN: 066-330-240, in the unincorporated area
14of the County of San Mateo, to acquire a right-of-way or easement
15pursuant to Section 6210.9 for the creation of a public access route
16to and along the shoreline, including the sandy beach, at Martin’s
17Beach at the South Cabrillo Highway.
18(2) This section does not prohibit the owners of the property
19from voluntarily providing public access to and along the shoreline
20at Martin’s Beach upon terms acceptable to the commission.
21(b) If the commission is unable to reach an agreement to acquire
22a right-of-way or easementbegin insert and the owners do not voluntarily
23provide public accessend insert pursuant to subdivision (a), by January 1,
242016,begin delete itend deletebegin insert the commissionend insert shall acquire, by eminent domain, a
25right-of-way or easement pursuant to Section 6210.9 for the
26creation of a public
access route to and along the shoreline,
27including the sandy beach, at Martin’s Beach at the South Cabrillo
28Highway, in accordance with the procedures set forth in Title 7
29(commencing with Section 1230.170) of Part 3 of the Code of
30Civil Procedure.
31(c) The commission shall consult and enter into negotiations
32with local stakeholders, including, but not limited to, local and
33regional governments and governmental entities, to address the
34ongoing management and operation of any property acquired
35pursuant to this section.
Due to the unique circumstances and features of the
37Martin’s Beach property, the Legislature finds and declares that a
38general statute cannot be made applicable within the meaning of
39Section 16 of Article IV of the California Constitution. Therefore,
P4 1the special legislation contained in Section 2 of this act is only
2applicable to that property in the County of San Mateo.
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