Amended in Assembly June 9, 2014

Amended in Senate May 27, 2014

Amended in Senate April 9, 2014

Senate Bill No. 968

Introduced by Senator Hill

February 10, 2014

An act to add Section 6213.5 to the Public Resources Code, relating to public lands.

LEGISLATIVE COUNSEL’S DIGEST

SB 968, as amended, Hill. Public lands: begin delete Martin’s end delete begin insert Martins end insert Beach property: access road.

(1) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under existing law, the commission has jurisdiction over various state lands, including coastal lands. Existing law authorizes the commission to acquire a right-of-way or easement across private land in certain circumstances.

This bill would require the commission to consult, and enter into any necessary negotiations, with the owners of a specified property known as the begin delete Martin’s end delete begin insert Martins end insert Beach property, as described, in the unincorporated area of the County of San Mateo, to acquire a right-of-way or easement for the creation of a specified public access route to and along the shoreline, including the sandy beach. If the commission is unable to reach an agreement to acquire that right-of-way or easement begin delete and end delete begin insert or end insert the owners do not voluntarily provide public access by January 1, 2016, the bill would require the commission to acquire, by eminent domain, a right-of-way or easement for the creation of that public access route to and along the shoreline, including the sandy beach, at begin delete Martin’s end delete begin insert Martins end insert Beach, as prescribed. The bill would require the commission to consult and enter into negotiations with local stakeholders, as described, to address the ongoing management and operation of any property acquired pursuant to these provisions.

(2) The bill would declare that due to the unique circumstances and features of the begin delete Martin’s end delete begin insert Martins end insert Beach property, a general statute within the meaning of specified provisions of the California Constitution cannot be made applicable and a special statute is necessary.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Section 4 of Article X of the California Constitution
mandates that no individual shall be permitted to exclude the
right-of-way to coastal waters of the state whenever it is required
for any public purpose.

(b) Section 4 of Article X of the California Constitution further
mandates that “the Legislature shall enact such laws as will give
the most liberal construction to this [beach access] provision, so
that access to the navigable waters of this State shall be always
attainable for the people thereof.”

(c) The California Coastal Act of 1976 (Division 20
(commencing with Section 30000) of the Public Resources Code)
was enacted, in part, to maximize constitutionally protected public
access to and along the coast.

(d) Martins Beach Road transects a 53-acre property at 22325
Cabrillo Highway in San Mateo County.

(e) Martins Beach Road is the only terrestrial access to begin delete Martin’s end delete
begin insert Martins end insert Beach, an approximately 20-acre sandy beach that is a
significant local coastal resource that has been accessible to local
residents and visitors for more than 100 years.

(f) The unique geography and tidal regime at begin delete Martin’s end delete begin insert Martins end insert
Beach make it exceptionally valuable for surfing, fishing, and
swimming.

(g) From early in the 20th century until 2008, public access to
begin delete Martin’s end delete begin insert Martins end insert Beach via Martins Beach Road off of Highway
1 south of Half Moon Bay had been allowed for recreational use.

(h) Generations of families have enjoyed public access to
begin delete Martin’s end delete begin insert Martins end insert Beach, which has contributed to the local
economy.

(i) The recent sale and subsequent closure of begin delete Martin’s end delete begin insert Martins end insert
Beach eliminated this historic access and has cut off a large sandy
beach that had for decades been open to visitors, including families,
surfers, fishermen, tourists, and beach goers.

(j) The closure of beach access at begin delete Martin’s end delete begin insert Martins end insert Beach is
now the subject of two separate lawsuits filed in San Mateo County
Superior Court.

SEC. 2.  

Section 6213.5 is added to the Public Resources Code,
to read:

6213.5.  

(a) (1) The commission shall consult, and enter into
any necessary negotiations, with the owners of the property known
as begin delete Martin’s end delete begin insert Martins end insert Beach, consisting of two parcels of land, APN:
066-330-230 and APN: 066-330-240, in the unincorporated area
of the County of San Mateo, to acquire a right-of-way or easement
pursuant to Section 6210.9 for the creation of a public access route
to and along the shoreline, including the sandy beach, at begin delete Martin’s end delete
begin insert Martins end insert Beach at the South Cabrillo Highway.

(2) This section does not prohibit the owners of the property
from voluntarily providing public access to and along the shoreline
at begin delete Martin’s end delete begin insert Martins end insert Beach upon terms acceptable to the
commission.

(b) If the commission is unable to reach an agreement to acquire
a right-of-way or easement begin delete and end delete begin insert or end insert the owners do not voluntarily
provide public access pursuant to subdivision (a), by January 1,
2016, the commission shall acquire, by eminent domain, a
right-of-way or easement pursuant to Section 6210.9 for the
creation of a public access route to and along the shoreline,
including the sandy beach, at begin delete Martin’s end delete begin insert Martins end insert Beach at the South
Cabrillo Highway, in accordance with the procedures set forth in
Title 7 (commencing with Section 1230.170) of Part 3 of the Code
of Civil Procedure.

(c) The commission shall consult and enter into negotiations
with local stakeholders, including, but not limited to, begin insert nonprofit
entities and end insert local and regional governments and governmental
entities, to address the ongoing management and operation of any
property acquired pursuant to this section.

SEC. 3.  

Due to the unique circumstances and features of the
begin delete Martin’s end delete begin insert Martins end insert Beach property, the Legislature finds and declares
that a general statute cannot be made applicable within the meaning
of Section 16 of Article IV of the California Constitution.
Therefore, the special legislation contained in Section 2 of this act
is only applicable to that property in the County of San Mateo.