BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 968|
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THIRD READING
Bill No: SB 968
Author: Hill (D)
Amended: 5/27/14
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 7-2, 4/8/14
AYES: Pavley, Evans, Hueso, Jackson, Lara, Monning, Wolk
NOES: Cannella, Fuller
SENATE JUDICIARY COMMITTEE : 5-2, 4/22/14
AYES: Jackson, Corbett, Lara, Leno, Monning
NOES: Anderson, Vidak
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Public lands: Martin's Beach property: access road
SOURCE : Author
DIGEST : This bill directs the State Lands Commission
(Commission) to enter into negotiations with the owner of the
property known as Martin's Beach to acquire a right-of-way or
easement for the creation of a public access route. If the
Commission is unable to reach an agreement to acquire a
right-of-way or easement and the owners do not voluntarily
provide public access by January 1, 2016, this bill will direct
the Commission to acquire such a right-of-way or easement by
eminent domain.
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ANALYSIS :
Existing law:
1.Establishes the Commission in the Natural Resources Agency and
prescribes the functions and duties of the Commission.
2.Specifies that the Commission has jurisdiction over various
state lands, including coastal lands.
3.Authorizes the Commission to acquire a right-of-way or
easement across private land in certain circumstances.
This bill:
1.Directs the Commission to consult, and enter into any
necessary negotiations, with the owners of the property known
as Martin's 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 for the creation of a public access route to and
along the shoreline, including the sandy beach, at Martin's
Beach at the South Cabrillo Highway.
2.Allows the owners of the property to voluntarily provide
public access to and along the shoreline at Martin's Beach
upon terms acceptable to the Commission.
3.Provides that if the Commission is unable to reach an
agreement to acquire a right-of-way or easement and the owners
do not voluntarily provide public access by January 1, 2016,
the Commission shall acquire by eminent domain a right-of-way
or easement for the creation of a public access route to and
along the shoreline, including the sandy beach, at Martin's
Beach at the South Cabrillo Highway in accordance with the
procedures set forth under the Eminent Domain Law.
4.Directs the Commission to enter into consultation and
negotiation with local stakeholders, including, but not
limited to, local and regional government and governmental
entities, to address the ongoing management and operation of
any property acquired pursuant to this bill.
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Background
The Commission has authority over California's sovereign lands
and the Commission administers these lands pursuant to statute
and the public trust doctrine.
The public trust doctrine is a common law doctrine that
specifies the state's authority as sovereign to exercise
continuous supervision and control over the navigable waters of
the state, tidelands, and non-navigable tributaries to navigable
waters. The doctrine includes the protection of maritime or
water dependent commerce, navigation, and fisheries, and the
preservation of the lands in their natural state for scientific
study, open space, wildlife habitat, and water-oriented
recreation. Incidental uses that directly promote trust uses or
that lend themselves to the public's enjoyment of trust lands
are also permitted. These may include facilities that serve
visitors, such as parking lots, hotels and restaurants.
In specific circumstances, the Commission may enhance public
access to or along navigable waters (see, for example, Public
Resources Code (PRC) Sec. 6307) to justify certain actions.
Additionally, PRC Sec. 6210.9 gives the Commission specific
authority, where there is no access available to public trust or
similar lands, to obtain a "right-of-way or easement across
privately owned land or other land that it deems necessary to
provide access to such public land" via condemnation. The
Commission has never exercised that authority since receiving it
in 1975.
The California Constitution (Article X, Section 4) states that
"no individual, partnership, or corporation, claiming or
possessing the frontage or tidal lands of a harbor, bay, inlet,
estuary, or other navigable water in this state, shall be
permitted to exclude the right of way to such water whenever it
is required for any public purpose, nor to destroy or obstruct
the free navigation of such water; and the Legislature shall
enact such laws as will give the most liberal construction to
this provision, so that access to the navigable waters of this
state shall be always attainable for the people thereof."
Further, the Coastal Act (PRC Sec. 30000 et seq.) requires
maximizing public access to the coast and recreational
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opportunities.
Martin's Beach is located on the Coast of San Mateo County
approximately eight miles south of Half Moon Bay. Seventy-five
foot cliffs are located on both the north and south ends of the
beach. Access to the beach is via a private road (Martin's
Beach Road) from Highway 1. There are approximately 45 cabins
on long-term lease adjacent to the beach area. Prior to July
2008, a single family had owned Martin's Beach and the
surrounding land for over 100 years. At various times the
family allowed the public access to the beach by vehicle,
according to documents filed during recent litigation. A
parking area was maintained near the beach and parking fees were
charged. Facilities available included a general store,
restaurant and restrooms. These uses and development pre-date
the passage of the Coastal Act. Documents submitted during
litigation state that the store and restaurant were closed by
the end of the 1980s. In July 2008, two parcels totaling 89
acres from Highway 1 west to the coast and encompassing most of
Martin's Beach and all of Martin's Beach Road were sold for
$37.5 million.
The new owners of the two parcels are Martins Beach 1, LLC and
Martins Beach 2, LLC (MB12). Vinod Khosla, the prominent
venture capitalist, and his family are behind these two LLCs.
In fall 2009 or at some point thereafter, local management of
MB12 closed and locked a gate on Martin's Beach Road at Highway
1, and repainted a roadside sign indicating the beach, among
other actions. According to the local management, the road and
parking area were in disrepair and it was uneconomic to provide
a parking attendant at the beach. Considerable local
controversy ensued as activists and political figures sought to
obtain public access to the beach again. There are numerous
news stories describing trespassing by surfers and others as
well as attempts by stakeholders to negotiate renewed public
access.
MB12 have been sued twice in an effort to obtain public access
to the beach. Friends of Martin's Beach LLC sued for public
access to the tidelands, beach parking area and access along the
Martin's Beach Road invoking, in part, the public trust doctrine
and provisions of the state's constitution (CIV517634, San Mateo
County Superior Court). The case was decided in favor of MB12
in October 2013, although the final order has not yet been
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issued. News reports indicate there will be an appeal.
Additionally, the Surfrider Foundation has filed a citizen's
suit under the Coastal Act to compel public access (CIV520336,
San Mateo County Superior Court). A trial is scheduled for May
2014 in this suit.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Unknown one-time costs, likely in the hundreds of thousands to
low millions from the General Fund for the purchase of a
right-of-way or easement for access to the public lands at
Martin's Beach.
Unknown ongoing costs from the General Fund for the
maintenance of the right-of-way or easement.
SUPPORT : (Verified 5/27/14)
Black Surfers Collective
California Coastal Commission
California Coastal Protection Network
Coastside Beach Coalition
Committee for Green Foothills
Environmental Action Committee of West Marin
Ocean Conservancy
San Mateo County
Save the Waves Coalition
Sierra Club California Coastal Committee
Surfrider Foundation
Wildcoast
ARGUMENTS IN SUPPORT : The author states that this bill was
introduced "to try and provide a pathway for compromise so the
public can once again access Martin's Beach. [?] Local residents
and Californians have been deprived of this natural treasure for
long enough. [?] This bill tries to bring the landowner to the
table to reach a compromise since they have been unresponsive to
other efforts. I hope a compromise can be reached because no
one wants to use eminent domain; however, to me there is no
better or more appropriate use for eminent domain."
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According to the California Coastal Commission, "An opportunity
to secure permanent public access to such a significant stretch
of beach adjacent to major urban areas without the cost, time
delays and uncertainty of litigation is worthy of pursuing, and
acquisition here under the terms of this bill would appear to be
consistent with the Constitutional and statutory direction to
maximize access."
RM:e 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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