SB 968, as amended, Hill. Public lands: 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 circumstancesbegin insert by purchase, lease, gift, exchange, or condemnationend insert.
This bill would require the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the 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 or the owners do not voluntarily provide public access by January 1, 2016, the bill wouldbegin delete requireend deletebegin insert authorizeend insert the commission tobegin delete acquire, by eminent domain,end deletebegin insert acquireend insert a right-of-way or easement for the creation of that public access route to and along the shoreline, including the sandy beach, at 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 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:
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 Martins
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 Martins Beach
23make it exceptionally valuable for surfing, fishing, and swimming.
P3 1(g) From early in the 20th century until 2008, public access to
2Martins Beach via Martins Beach Road off of Highway 1 south
3of Half Moon Bay had been allowed for recreational use.
4(h) Generations of families have enjoyed public access to
5Martins Beach, which has contributed to the local economy.
6(i) The recent sale and subsequent closure of Martins Beach
7eliminated this historic access and has cut off a large sandy beach
8that had for decades been open to visitors, including families,
9surfers, fishermen, tourists, and beach goers.
10(j) The closure of beach access at Martins Beach is now the
11subject of two separate lawsuits filed in San Mateo County Superior
12
Court.
Section 6213.5 is added to the Public Resources Code,
14to read:
(a) (1) The commission shall consult, and enter into
16any necessary negotiations, with the owners of the property known
17as Martins Beach, consisting of two parcels of land, APN:
18066-330-230 and APN: 066-330-240, in the unincorporated area
19of the County of San Mateo, to acquire a right-of-way or easementbegin insert,end insert
20 pursuant to Section 6210.9begin insert,end insert for the creation of a public access route
21to and along the shoreline, including the sandy beach, at
Martins
22Beach at the South Cabrillo Highway.
23(2) This section does not prohibit the owners of the property
24from voluntarily providing public access to and along the shoreline
25at Martins Beach upon terms acceptable to the commission.
26(b) If the commission is unable to reach an agreement to acquire
27a right-of-way or easement or the owners do not voluntarily provide
28public access pursuant to subdivision (a), by January 1, 2016, the
29commissionbegin delete shall acquire, by eminent domain,end deletebegin insert may acquireend insert a
30right-of-way or easementbegin insert,end insert
pursuant to Section 6210.9begin insert,end insert for the
31creation of a public access route to and along the shoreline,
32including the sandy beach, at Martins Beach at the South Cabrillo
33Highway, in accordance with the procedures set forth in Title 7
34(commencing with Section 1230.170) of Part 3 of the Code of
35Civil Procedure.
36(c) The commission shall consult and enter into negotiations
37with local stakeholders, including, but not limited to, nonprofit
38entities and local and regional governments and governmental
39entities, to address the ongoing management and operation of any
40property acquired pursuant to this section.
Due to the unique circumstances and features of the
2Martins Beach property, the Legislature finds and declares that a
3general statute cannot be made applicable within the meaning of
4Section 16 of Article IV of the California Constitution. Therefore,
5the special legislation contained in Section 2 of this act is only
6applicable to that property in the County of San Mateo.
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