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AB-1680 Coastal lands: coastal access plan: Hollister Ranch.(2019-2020)

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Date Published: 03/25/2019 09:00 PM
AB1680:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1680


Introduced by Assembly Member Limón

February 22, 2019


An act to add Section 30610.7 to the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 1680, as amended, Limón. State Coastal Conservancy: coastal access. Coastal lands: coastal access plan: Hollister Ranch.
The California Coastal Act of 1976 (coastal act) requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The coastal act requires every person receiving a coastal development permit or a certificate of exemption for development on any vacant lot within specified designated areas, prior to commencement of construction, to pay to the California Coastal Commission (the commission), for deposit in the Coastal Access Account, an in-lieu public access fee, with the amount of the fee determined by specified costs of acquisition, as provided. The coastal act, for purposes of those provisions governing the in-lieu public access fee amount and with respect to the Hollister Ranch public access program in the County of Santa Barbara, requires that the Hollister Ranch in-lieu fee for public access be $5,000 for each permit. The coastal act also requires that all in-lieu public access fees received pursuant to those provisions be deposited in the State Coastal Conservancy Fund and be available for appropriation to the State Coastal Conservancy for specified conservancy purposes.
This bill would require the commission, in collaboration with the State Coastal Conservancy, the Department of Parks and Recreation, and the State Lands Commission, by April 1, 2020, to develop a new coastal access plan for Hollister Ranch in the County of Santa Barbara that will replace the existing coastal access program for Hollister Ranch that was adopted by the commission in 1982, and would require that the coastal access plan include specified components, as provided. The bill would require the State Lands Commission, if the coastal access plan required under that provision is not completed by April 1, 2020, in collaboration with any other state agencies, boards, or commissions that are responsible for the protection and regulation of coastal lands, to implement, as expeditiously as possible, the coastal access program for Hollister Ranch that was adopted by the commission in 1982, until such time that the commission adopts a new coastal access plan for Hollister Ranch. The bill would require the State Coastal Conservancy, by April 1, 2020, and by April 1 every 5 years thereafter, to make findings and provide recommendations to the commission regarding any legislation that may be needed to adjust the in-lieu public access fees required to be paid for a coastal development permit in an amount sufficient to fund the implementation of a coastal access plan for Hollister Ranch.

Existing law establishes the State Coastal Conservancy and prescribes the functions and duties of the conservancy with regard to the acquisition, preservation, and enhancement of coastal lands in the coastal zone, as defined. Existing law authorizes the conservancy to expend specified moneys, when appropriated, for the purchase of lands and easements and for development needed to carry out a specified coastal access program.

This bill would declare the intent of the Legislature to enact legislation related to coastal access at Hollister Ranch.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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) The public policy of protecting, expanding, enhancing, and promoting public access to the state’s coast, tidelands, and waterways is embodied in the California Constitution, numerous statutes and regulations, and common law.
(b) Multiple barriers have prevented the public from accessing and enjoying an 8.5-mile stretch of the coast at Hollister Ranch in the County of Santa Barbara for over 36 years.
(c) The limits on coastal public access at Hollister Ranch contradicts the clear legislative intent that a coastal access program be implemented as expeditiously as possible at that property.
(d) The Legislature strongly encourages all stakeholders to work together to develop a new public access plan for Hollister Ranch that recognizes the unique characteristics of the area and that will provide equitable access to the coast at Hollister Ranch.

SEC. 2.

 Section 30610.7 is added to the Public Resources Code, to read:

30610.7.
 (a) (1) The commission shall, in collaboration with the State Coastal Conservancy, the Department of Parks and Recreation, and the State Lands Commission, by April 1, 2020, develop a new coastal access plan for Hollister Ranch in the County of Santa Barbara that will replace the existing coastal access program for Hollister Ranch that was adopted by the commission in 1982.
(2) The coastal access plan required to be developed under paragraph (1) shall include all of the following components with respect to coastal lands at Hollister Ranch:
(A) A provision providing for public access by land.
(B) A description of beach recreation areas.
(C) A description of scientific and educational areas.
(b) If the coastal access plan required under subdivision (a) is not completed by April 1, 2020, the State Lands Commission, in collaboration with any other state agencies, boards, or commissions that are responsible for the protection and regulation of coastal lands, shall implement, as expeditiously as possible, the coastal access program for Hollister Ranch that was adopted by the commission in 1982, until such time that the commission adopts a new coastal access plan for Hollister Ranch.
(c) By April 1, 2020, and by April 1 every five years thereafter, the State Coastal Conservancy shall make findings and provide recommendations to the commission regarding any legislation that may be needed to adjust the in-lieu public access fees required to be paid for a coastal development permit pursuant to subdivision (b) of Section 30610.8 in an amount sufficient to fund the implementation of a coastal access plan for Hollister Ranch.

SECTION 1.

It is the intent of the Legislature to enact legislation related to coastal access at Hollister Ranch.