Senate BillNo. 422


Introduced by Senator Monning

February 25, 2015


An act to amend Sections 35100, 35103, 35120, and 35152 of, and to amend the heading of Division 26 (commencing with Section 35100) of, the Public Resources Code, relating to the Santa Clara Valley Open-Space District.

LEGISLATIVE COUNSEL’S DIGEST

SB 422, as introduced, Monning. Santa Clara Valley Open-Space District.

Existing law creates the Santa Clara County Open-Space Authority, and prescribes the jurisdiction and functions and duties of the authority. Existing law authorizes the authority, among other things, to acquire, hold, and dispose of real and personal property, within the authority’s jurisdiction, necessary to the full exercise of its powers.

This bill would change the name of the authority to the Santa Clara Valley Open-Space District, and would authorize the district to acquire interests in real property that are either within the district’s jurisdiction, part of a single property that is both within and adjacent to the district’s jurisdiction, or within a watershed that includes lands within the district’s jurisdiction where protection of those watershed lands outside of the district’s jurisdiction is necessary to protect conservation values within the district’s jurisdiction. The bill would also make related conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

The heading of Division 26 (commencing with
2Section 35100) of the Public Resources Code is amended to read:

3 

4Division 26.  SANTA CLARAbegin delete COUNTYend deletebegin insert Valleyend insert
5 OPEN-SPACEbegin delete AUTHORITYend deletebegin insert DISTRICTend insert

6

 

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SEC. 2.  

Section 35100 of the Public Resources Code is
8amended to read:

9

35100.  

This division shall bebegin delete knownend deletebegin insert known,end insert and may bebegin delete citedend delete
10begin insert cited,end insert as the Santa Clarabegin delete Countyend deletebegin insert Valleyend insert Open-Spacebegin delete Authorityend delete
11begin insert Districtend insert Act.

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SEC. 3.  

Section 35103 of the Public Resources Code is
13amended to read:

14

35103.  

“Authority”begin insert or “district”end insert means the Santa Clarabegin delete Countyend delete
15begin insert Valleyend insert Open-Spacebegin delete Authorityend deletebegin insert Districtend insert created pursuant to this
16division in the County of Santa Clara.begin insert All references in this division
17and elsewhere in law to the Santa Clara County Open-Space
18 Authority shall mean and refer to the Santa Clara Valley
19Open-Space District.end insert

20

SEC. 4.  

Section 35120 of the Public Resources Code is
21amended to read:

22

35120.  

The Santa Clarabegin delete Countyend deletebegin insert Valleyend insert Open-Spacebegin delete Authorityend delete
23begin insert Districtend insert is herebybegin delete created on February 1, 1993.end deletebegin insert created.end insert The
24maximum jurisdiction of thebegin delete authorityend deletebegin insert districtend insert shall include all
25areas within the county, except those areas of the county presently
26within the boundaries, including the sphere of influence, of the
27begin delete midpeninsulaend deletebegin insert Midpeninsulaend insert Regional Open-Space District. Each
28city situated within the maximum jurisdictional boundaries shall
29pass a resolution stating its intent to be included within the
30begin delete authority’send deletebegin insert district’send insert jurisdiction by January 15, 1993. These
31resolutions shall be transmitted to the board of supervisors. Any
32citybegin delete whichend deletebegin insert thatend insert fails to pass that resolution orbegin delete whichend deletebegin insert thatend insert formally
33states its intent to not participate shall be excluded from the
34begin delete authority’send deletebegin insert district’send insert jurisdiction. The creation of thebegin delete authorityend delete
35begin insert districtend insert is not subject to review by the Santa Clara County Local
36Agency Formation Commission.

37

SEC. 5.  

Section 35152 of the Public Resources Code is
38amended to read:

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35152.  

Thebegin delete authorityend deletebegin insert districtend insert may take by grant, appropriation,
2purchase, gift, devise, condemnation, or lease, and may hold, use,
3enjoy, and lease or dispose of real and personal property of every
4kind, and rights in real and personal property,begin delete within the authority’s
5jurisdiction,end delete
necessary to the full exercise of its powers.begin insert Real
6property interests acquired by the district shall be either within
7the district’s jurisdiction, part of a single property that is both
8 within and adjacent to the district’s jurisdiction, or within a
9watershed that includes lands within the district’s jurisdiction
10where protection of those watershed lands outside the district’s
11jurisdiction is necessary to protect conservation values within the
12district’s jurisdiction.end insert
Thebegin delete authorityend deletebegin insert districtend insert may accept and hold
13open-space easements and purchase development creditsbegin insert wherever
14the district may acquire real propertyend insert
.

15Priority for open-space acquisition should be focused on those
16lands closest, most accessible, and visible to the urban area. The
17remote ranchlands east of the westernmost ridgeline of the Diablo
18Range shall be acquired as permanent open space only through
19conservation easement purchases or the granting of lands or
20conservation easements by owners to thebegin delete authorityend deletebegin insert districtend insert.

21Lands subject to the grant of an open space easement executed
22and accepted by thebegin delete authorityend deletebegin insert districtend insert in accordance with this
23division are enforceably restricted within the meaning of Section
248 of Article XIII of the California Constitution. An easement or
25other interest in real property may be dedicated for open-space
26purposes by the adoption of a resolution by the governing board,
27and any interest so dedicated may be conveyed only as provided
28in this section.

29Thebegin delete authorityend deletebegin insert districtend insert may not validly convey any interest in any
30real property actually dedicated and used for open-space purposes
31without the consent of a majority of the voters of thebegin delete authorityend delete
32begin insert districtend insert voting at a special election called by the governing board
33and held for that purpose. Consent need not first be obtained for
34a lease of any real property for a period not exceeding 25 years if
35that real property remains in open-space or agricultural use for the
36entire duration of the lease.



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