Amended in Senate April 6, 2015

Senate Bill No. 422

Introduced by Senator Monning

February 25, 2015

An act to amend Sections begin delete 35100, 35103, 35120, and 35152 of, and to amend the heading of Division 26 (commencing with Section 35100) of, end delete begin insert 35152 and 35153 of end insert the Public Resources Code, relating to the Santa Clara Valley Open-Space begin delete District. end delete begin insert Authority. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 422, as amended, Monning. Santa Clara Valley Open-Space begin delete District. end delete begin insert Authority. end insert

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. begin insert Existing law further authorizes the authority to take by eminent domain any property necessary or convenient to accomplish the purposes of the authority, with the exception of lands in active ranching, lands in agricultural production, and lands in timberland production zones that are not threatened by imminent conversion to developed uses. end insert

This bill begin delete would change the name of the authority to the Santa Clara Valley Open-Space District, and would authorize the district end delete begin insert would, in addition, authorize the authority end insert to acquire begin insert , but not to take by eminent domain end insert interests in real property that are begin delete 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. end delete begin insert outside of the authority’s jurisdiction, necessary to the full exercise of its powers. end insert

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

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

begin delete

SECTION 1.  

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

 

Division 26.  SANTA CLARA Valley OPEN-SPACE
DISTRICT

 

SEC. 2.  

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

35100.  

This division shall be known, and may be cited, as the
Santa Clara Valley Open-Space District Act.

SEC. 3.  

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

35103.  

“Authority” or “district” means the Santa Clara Valley
Open-Space District created pursuant to this division in the County
of Santa Clara. All references in this division and elsewhere in law
to the Santa Clara County Open-Space Authority shall mean and
refer to the Santa Clara Valley Open-Space District.

SEC. 4.  

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

35120.  

The Santa Clara Valley Open-Space District is hereby
created. The maximum jurisdiction of the district shall include all
areas within the county, except those areas of the county presently
within the boundaries, including the sphere of influence, of the
Midpeninsula Regional Open-Space District. Each city situated
within the maximum jurisdictional boundaries shall pass a
resolution stating its intent to be included within the district’s
jurisdiction by January 15, 1993. These resolutions shall be
transmitted to the board of supervisors. Any city that fails to pass
that resolution or that formally states its intent to not participate
shall be excluded from the district’s jurisdiction. The creation of
the district is not subject to review by the Santa Clara County Local
Agency Formation Commission.

end delete

begin delete SEC. 5. end delete
begin insert SECTION 1. end insert   

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

35152.  

The begin delete district end delete begin insert authority end insert may take by grant, appropriation,
purchase, gift, devise, condemnation, or lease, and may hold, use,
enjoy, and lease or dispose of real and personal property of every
kind, and rights in real and personal property, begin insert within or outside of
the authority’s jurisdiction, end insert necessary to the full exercise of its
powers. begin delete Real property interests acquired by the district shall be
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 the
district’s jurisdiction is necessary to protect conservation values
within the district’s jurisdiction. end delete The begin delete district end delete begin insert authority end insert may accept
and hold open-space easements and purchase development credits
wherever the begin delete district end delete begin insert authority end insert may acquire real property.

Priority for open-space acquisition should be focused on those
lands closest, most accessible, and visible to the urban area. The
remote ranchlands east of the westernmost ridgeline of the Diablo
Range shall be acquired as permanent open space only through
conservation easement purchases or the granting of lands or
conservation easements by owners to the begin delete district. end delete begin insert authority. end insert

Lands subject to the grant of an open-space easement executed
and accepted by the begin delete district end delete begin insert authority end insert in accordance with this
division are enforceably restricted within the meaning of Section
8 of Article XIII of the California Constitution. An easement or
other interest in real property may be dedicated for open-space
purposes by the adoption of a resolution by the governing board,
and any interest so dedicated may be conveyed only as provided
in this section.

The begin delete district end delete begin insert authority end insert may not validly convey any interest in any
real property actually dedicated and used for open-space purposes
without the consent of a majority of the voters of the begin delete district end delete
begin insert authority end insert voting at a special election called by the governing board
and held for that purpose. Consent need not first be obtained for
a lease of any real property for a period not exceeding 25 years if
that real property remains in open-space or agricultural use for the
entire duration of the lease.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 35153 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

35153.  

The authority may exercise the right of eminent domain
to take any property necessary or convenient to accomplish the
purposes of this division, except that it shall not take lands in active
ranching, lands in agricultural production, begin delete or end delete lands in timberland
production zones begin delete which end delete begin insert that end insert are not threatened by imminent
conversion to developed uses begin insert , or lands not within the authority’s
jurisdiction end insert . Furthermore, the authority shall not acquire any
interest in real property by eminent domain unless the real property
is contiguous to real property which is already owned by a public
agency for open-space use. For purposes of this section, “owned”
includes any lease or other contractual commitment to which the
public agency is a party, to maintain the property in open-space
use for a term of at least 25 years. The right of eminent domain
may only be exercised upon the approval of a four-fifths vote of
the governing board. If the property owner objects to the
acquisition of his or her property by eminent domain, the property
owner may, within 30 days of the governing board’s vote, file a
written objection with the legislative body of the city or county in
which the property is located. If the property is located in more
than one city or in the county and one or more cities, the property
owner shall file his or her objection with the legislative body of
the city or county which includes the larger portion of the property.
If the property owner files a timely written objection, the legislative
body shall consider the objection at a public hearing to be held
within 45 days of its receipt. If the legislative body of a city
upholds by a two-thirds vote, or the legislative body of a county
upholds by a majority vote, the objection by determining that the
acquisition is not in the best interests of the public within the
authority’s jurisdiction, the authority shall not exercise its right of
eminent domain on that property.