BILL NUMBER: SB 968 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 9, 2014
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
Martins 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 Martins 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 route to and along the shoreline, including
the sandy beach. If the commission is unable to reach an agreement
to acquire that right-of-way or easement and
or the owners do not voluntarily provide public access 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 Martins 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 Martins
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:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Section 4 of Article X of the California Constitution mandates
that no individual shall be permitted to exclude the right-of-way to
coastal waters of the state whenever it is required for any public
purpose.
(b) Section 4 of Article X of the California Constitution further
mandates that "the Legislature shall enact such laws as will give the
most liberal construction to this beach access] provision, so
that access to the navigable waters of this State shall be always
attainable for the people thereof."
(c) The California Coastal Act of 1976 (Division 20 (commencing
with Section 30000) of the Public Resources Code) was enacted, in
part, to maximize constitutionally protected public access to and
along the coast.
(d) Martins Beach Road transects a 53-acre property at 22325
Cabrillo Highway in San Mateo County.
(e) Martins Beach Road is the only terrestrial access to
Martin's Martins Beach, an approximately 20-acre
sandy beach that is a significant local coastal resource that has
been accessible to local residents and visitors for more than 100
years.
(f) The unique geography and tidal regime at Martin's
Martins Beach make it exceptionally valuable for
surfing, fishing, and swimming.
(g) From early in the 20th century until 2008, public access to
Martin's Martins Beach via Martins
Beach Road off of Highway 1 south of Half Moon Bay had been allowed
for recreational use.
(h) Generations of families have enjoyed public access to
Martin's Martins Beach, which has
contributed to the local economy.
(i) The recent sale and subsequent closure of Martin's
Martins Beach eliminated this historic access
and has cut off a large sandy beach that had for decades been open to
visitors, including families, surfers, fishermen, tourists, and
beach goers.
(j) The closure of beach access at Martin's
Martins Beach is now the subject of two separate lawsuits
filed in San Mateo County Superior Court.
SEC. 2. Section 6213.5 is added to the Public Resources Code, to
read:
6213.5. (a) (1) The commission shall consult, and enter into any
necessary negotiations, with the owners of the property known as
Martin's Martins Beach, consisting of
two parcels of land, APN: 066-330-230 and APN: 066-330-240, in the
unincorporated area of the County of San Mateo, to acquire a
right-of-way or easement pursuant to Section 6210.9 for the creation
of a public access route to and along the shoreline, including the
sandy beach, at Martin's Martins Beach
at the South Cabrillo Highway.
(2) This section does not prohibit the owners of the property from
voluntarily providing public access to and along the shoreline at
Martin's Martins Beach upon terms
acceptable to the commission.
(b) If the commission is unable to reach an agreement to acquire a
right-of-way or easement and or the
owners do not voluntarily provide public access pursuant to
subdivision (a), by January 1, 2016, the commission shall acquire, by
eminent domain, a right-of-way or easement pursuant to Section
6210.9 for the creation of a public access route to and along the
shoreline, including the sandy beach, at Martin's
Martins Beach at the South Cabrillo Highway, in accordance
with the procedures set forth in Title 7 (commencing with Section
1230.170) of Part 3 of the Code of Civil Procedure.
(c) The commission shall consult and enter into negotiations with
local stakeholders, including, but not limited to, nonprofit
entities and local and regional governments and governmental
entities, to address the ongoing management and operation of any
property acquired pursuant to this section.
SEC. 3. Due to the unique circumstances and features of the
Martin's Martins Beach property, the
Legislature finds and declares that a general statute cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution. Therefore, the special legislation contained
in Section 2 of this act is only applicable to that property in the
County of San Mateo.