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 circumstances by purchase, lease, gift, exchange, or condemnation.
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 would authorize the commission to acquire 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.
P3 1(f) The unique geography and tidal regime at Martins Beach
2make it exceptionally valuable for surfing, fishing, and swimming.
3(g) From early in the 20th century until 2008, public access to
4Martins Beach via Martins Beach Road off of Highway 1 south
5of Half Moon Bay had been allowed for recreational use.
6(h) Generations of families have enjoyed public access to
7Martins Beach, which has contributed to the local economy.
8(i) The recent sale and subsequent closure of Martins Beach
9eliminated this historic access and has cut off a large sandy beach
10that had for decades been open to visitors, including families,
11surfers, fishermen, tourists, and beach goers.
12(j) The closure of beach access at Martins Beach is now the
13subject of two separate lawsuits filed in San Mateo County Superior
14
Court.
Section 6213.5 is added to the Public Resources
17Code, to read:
(a) (1) The commission shall consult, and enter into
19any necessary negotiations, with the owners of the property known
20as Martins Beach, consisting of two parcels of land, APN:
21066-330-230 and APN: 066-330-240, in the unincorporated area
22of the County of San Mateo, to acquire a right-of-way or easement,
23pursuant to Section 6210.9, for the creation of a public access route
24to and along the shoreline, including the sandy beach, at Martins
25Beach at the South Cabrillo Highway.
26(2) This section does not prohibit the owners of the property
27from voluntarily providing public access to and along the shoreline
28at Martins Beach upon terms acceptable to the
commission.
29(b) If the commission is unable to reach an agreement to acquire
30a right-of-way or easement or the owners do not voluntarily provide
31public access pursuant to subdivisionbegin delete (a),end deletebegin insert (a)end insert by January 1, 2016,
32the commission may acquire a right-of-way or easement, pursuant
33to Section 6210.9, for the creation of a public access route to and
34along the shoreline, including the sandy beach, at Martins Beach
35at the South Cabrillo Highway, in accordance with the procedures
36set forth in Title 7 (commencing with Sectionbegin delete 1230.170)end deletebegin insert
1230.010)end insert
37 of Part 3 of the Code of Civil Procedure.
38(c) The commission shall consult and enter into negotiations
39with local stakeholders, including, but not limited to, nonprofit
40entities and local and regional governments and governmental
P4 1entities, to address the ongoing management and operation of any
2property acquired pursuant to this section.
Due to the unique circumstances and features of the
5Martins Beach property, the Legislature finds and declares that a
6general statute cannot be made applicable within the meaning of
7Section 16 of Article IV of the California Constitution. Therefore,
8the special legislation contained in Section 2 of this act is only
9applicable to that property in the County of San Mateo.
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