Amended in Senate April 14, 2015

Amended in Senate April 6, 2015

Senate Bill No. 422

Introduced by Senator Monning

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(Coauthor: Senator Beall)

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(Coauthor: Assembly Member Mark Stone)

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February 25, 2015

An act to amend Sections begin delete 35152 and 35153 of end delete begin insert 35100, 35101, 35103, 35120, 35152, and 35153 of, and to amend the heading of Division 26 (commencing with Section 35100) of, end insert the Public Resources Code, relating to the Santa Clara Valley Open-Space Authority.

LEGISLATIVE COUNSEL’S DIGEST

SB 422, as amended, Monning. Santa Clara Valley Open-Space 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, in addition, authorize the authority to acquire, but not to take by eminent domain interests in real property that are begin delete outside of end delete begin insert without end insert the authority’s jurisdiction, necessary to the full exercise of its powers. begin insert The bill would change the name of the authority to the Santa Clara Valley Open-Space Authority and make conforming changes. 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:

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begin insert SECTION 1. end insert   

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

 

Division 26.  SANTA CLARA begin delete COUNTY end delete begin insert VALLEY end insert
OPEN-SPACE AUTHORITY

 

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begin insert SEC. 2. end insert   

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

35100.  

This division shall be known and may be cited as the
Santa Clara begin delete County end delete begin insert Valley end insert Open-Space Authority Act.

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begin insert SEC. 3. end insert   

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begin insert Section 35101 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

35101.  

The Legislature hereby finds and declares all of the
following:

(a) In Santa Clara County, open-space preservation and creation
of a greenbelt are immediate high priorities needed to counter the
continuing and serious conversion of these lands to urban uses, to
preserve the quality of life in the county, and to encourage
agricultural activities.

(b) In order to deal in an expeditious manner with the current
serious loss of these properties, the county needs to develop and
implement a local funding program involving properties occupied
for urban purposes which give rise to the need for open-space
preservation that goes significantly beyond current existing funding
begin delete which end delete begin insert that end insert is not adequate to resolve these losses.

(c) It is in the public interest to create the Santa Clara begin delete County end delete
begin insert Valley end insert Open-Space Authority so that local open-space preservation
and greenbelting decisions can be implemented in a timely manner
to provide for the acquisition and maintenance of these properties.

(d) All persons owning developed parcels enjoy the privilege
of using, and benefit from, the availability of open space.

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begin insert SEC. 4. end insert   

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

35103.  

“Authority” means the Santa Clara begin delete County end delete begin insert Valley end insert
Open-Space Authority created pursuant to this division in the
County of Santa Clara.

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begin insert SEC. 5. end insert   

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

35120.  

The Santa Clara begin delete County end delete begin insert Valley end insert Open-Space Authority
is hereby created on February 1, 1993. The maximum jurisdiction
of the authority 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 authority’s jurisdiction by January 15, 1993. These
resolutions shall be transmitted to the board of supervisors. begin delete Any end delete
begin insert A end insert city begin delete which end delete begin insert that end insert fails to pass begin delete that end delete begin insert the end insert resolution or begin delete which end delete begin insert that end insert
formally states its intent to not participate shall be excluded from
the authority’s jurisdiction. The creation of the authority is not
subject to review by the Santa Clara County Local Agency
Formation Commission.

begin delete SECTION 1. end delete
begin insert SEC. 6. end insert   

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

35152.  

The 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 begin delete outside of end delete
begin insert without end insert the authority’s jurisdiction, necessary to the full exercise
of its powers. The authority may accept and hold open-space
easements and purchase development credits wherever the 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 authority.

Lands subject to the grant of an open-space easement executed
and accepted by the 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 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 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.

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begin insert SEC. 7. end insert   

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, lands in timberland
production zones that are not threatened by imminent conversion
to developed uses, or lands begin delete not within end delete begin insert without end insert 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.