BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: SB 263 HEARING: 5/6/09
AUTHOR: Strickland FISCAL: No
VERSION: 2/24/09 CONSULTANT: Ho
SANTA RITA HILLS COMMUNITY SERVICES DISTRICT AND ROADS
Background and Existing Law
A community services district (CSD) is a type of special
district which can deliver 31 different types of services
and facilities, such as police protection, road
maintenance, and parks and recreation. Most of the state's
325 CSDs perform only a few of these authorized services,
depending on what local residents and property owners are
willing to pay for.
The Legislature has granted special powers to individual
CSDs when communities face unique circumstances. For
example, six CSDs can limit access to district roads by
adopting an ordinance. These district roads must be owned
by the CSDs and cannot be officially dedicated to or kept
open for public use. The six CSDs that have this special
power are:
Bear Valley CSD, Kern County
Bell Canyon CSD, Ventura County
Cameron Estates CSD, El Dorado County
Lake Sherwood CSD, Ventura County
Saddle Creek CSD, Calaveras County
Wallace CSD, Calaveras County
If approved by the voters on May 5, 2009, the Santa Rita
Hills CSD will have the power to construct and maintain
roads and install underground electrical and communications
facilities for the Lakeview Estates subdivision in Santa
Barbara County. The subdivision contains 35 parcels, each
40 or more acres, and one parcel less than one acre.
Landowners envision a future community of residential farms
and vineyards. However, because the subdivision lacks an
adequate, paved road system, most landowners cannot get
building permits. Furthermore, landowners say they often
cannot get to their property during the winter months
because the dirt roads are impassable after heavy rains.
Lakeview Estates landowners have considered several
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different ways to finance and construct a road system in
their subdivision. They agree that forming the Santa Rita
Hills CSD is the most appropriate approach. The CSD will
levy a voter-approved special tax on each lot to fund the
District's services. Because a CSD is a public agency, its
roads are publicly-owned. However, the Lakeview Estates
subdivision is a private community and, for security and
privacy reasons, residents and landowners want to keep the
roads within the subdivision private.
Proposed Law
Senate Bill 263 permits the Santa Rita Hills Community
Services District to limit access to its roads to residents
and landowners of the District.
Comments
1. A special circumstance . SB 263 asks for nothing new.
In a half dozen situations, the Legislature has permitted
community services districts (CSDs) to restrict public
access to district roads. The CSDs that use this special
power serve private, residential communities. All of these
communities are located in unincorporated areas with
limited public services. The communities formed CSDs so
that they could get the services and facilities they want.
The roads within these districts provide residents and
homeowners access to their property. There is no practical
reason for the public to use those roads. The Santa Rita
Hills CSD, which serves a private community, simply wants
the same authority to restrict road access that legislators
granted to similar CSDs.
2. Public roads are for public use . A CSD is a public
agency and roads owned or maintained by CSDs are public
roads. Yet some CSDs prevent the public from using public
roads. No other public agency can restrict access to its
roads regardless of where the roads lead. By lengthening
the list of CSDs that can limit access to their roads, SB
263 continues a precedent of allowing public dollars to
fund private roads. The Committee may wish to consider
whether public agencies should use public funds to exclude
the public from a CSD's roads.
3. If it's not consensus, it's not omnibus . The Senate
SB 263 -- 2/24/09 -- Page 3
Local Government Committee authors an annual omnibus bill
to make minor, non-controversial changes to local
government statutes. If anyone objects to an item in the
bill, the item is taken out. The Committee's 1995 omnibus
bill added Bear Valley and Saddle Creek CSDs to the list of
CSDs permitted to limit access to district roads (SB 614,
1995). Those two CSDs were the last ones to be added to
the list.
Support and Opposition (4/30/09)
Support : Nancy and Angelo Salvucci, Santa Barbara Local
Agency Formation Commission.
Opposition : Unknown.