BILL NUMBER: SB 422 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
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, 35152 and 35153 of the Public
Resources Code, relating to the Santa Clara Valley Open-Space
District. Authority.
LEGISLATIVE COUNSEL'S DIGEST
SB 422, as amended, Monning. Santa Clara Valley Open-Space
District. Authority.
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. 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.
This bill would change the name of the authority to the
Santa Clara Valley Open-Space District, and would authorize the
district would, in addition, authorize the authority
to acquire , but not to take by eminent domain
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. outside of the authority's jurisdiction,
necessary to the full exercise of its powers.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
SEC. 5. SECTION 1. Section 35152 of
the Public Resources Code is amended to read:
35152. The district authority 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, within or outside of the authority's jurisdiction,
necessary to the full exercise of its powers. 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. The district
authority may accept and hold open-space easements and
purchase development credits wherever the district
authority 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 district.
authority.
Lands subject to the grant of an open-space easement executed and
accepted by the district authority 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 district authority 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 district authority
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.
SEC. 2. Section 35153 of the Public
Resources Code is amended to read:
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, or
lands in timberland production zones which
that are not threatened by imminent conversion to developed
uses , or lands not within the authority's jurisdiction .
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.