BILL NUMBER: SB 968 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN ASSEMBLY JUNE 30, 2014
AMENDED IN ASSEMBLY JUNE 9, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE APRIL 9, 2014
INTRODUCED BY Senator Hill
(Coauthors: Assembly Members Mullin and Stone)
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: 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:
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 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 Martins Beach make it
exceptionally valuable for surfing, fishing, and swimming.
(g) From early in the 20th century until 2008, public access to
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 Martins
Beach, which has contributed to the local economy.
(i) The recent sale and subsequent closure of 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 Martins Beach is now the
subject of two separate lawsuits filed in San Mateo County Superior
Court.
SEC. 2. SECTION 1. 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
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 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
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 or the owners do not voluntarily provide
public access pursuant to subdivision (a),
(a) by January 1, 2016, the commission may 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 Martins Beach at the South Cabrillo
Highway, in accordance with the procedures set forth in Title 7
(commencing with Section 1230.170) 1230.010)
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. SEC. 2. Due to the unique
circumstances and features of the 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.