BILL NUMBER: SB 422 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Monning
( Coauthor: Senator Beall
)
( Coauthor: Assembly Member
Mark Stone )
FEBRUARY 25, 2015
An act to amend Sections 35152 and 35153 of
35100, 35101, 35103, 35120, 35152, and 35153 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 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
outside of without the authority's
jurisdiction, necessary to the full exercise of its powers. The
bill would change the name of the authority to the Santa Clara Valley
Open-Space Authority and make 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:
SECTION 1. The heading of Division 26 (commencing
with Section 35100) of the Public Resources Code
is amended to read:
DIVISION 26. SANTA CLARA COUNTY VALLEY
OPEN-SPACE AUTHORITY
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 County Valley Open-Space
Authority Act.
SEC. 3. Section 35101 of the Public
Resources Code is amended to read:
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
which that is not adequate to resolve
these losses.
(c) It is in the public interest to create the Santa Clara
County Valley 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.
SEC. 4. Section 35103 of the Public
Resources Code is amended to read:
35103. "Authority" means the Santa Clara County
Valley Open-Space Authority created pursuant to
this division in the County of Santa Clara.
SEC. 5. Section 35120 of the Public
Resources Code is amended to read:
35120. The Santa Clara County Valley
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. Any A city which
that fails to pass that
the resolution or which that
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.
SECTION 1. SEC. 6. 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 outside of
without 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.
SEC. 2. SEC. 7. 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 not within without
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.