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AMENDED IN SENATE AUGUST 26, 1980 CALIFORNIA LEGISLATURE - 1979-80 REGULAR SESSION ASSEMBLY BILL No. 2706 Introduced by Assemblyman Bane REFERRED TO COMMITTEE ON RESOURCES, LAND USE, AND ENERGY
An act to add Section 30610.6 to the Public Resources Code, relating to the California Coastal Act, making an .appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL’S DIGEST AB 2706, as amended, Bane (Res., L.U. & E.). Coastal zone: development permits; pubic access. The California Coastal Act of 1976, generally, requires any person who is to perform or undertake any development within the c6astal zone, as defined, to obtain a coastal development permit authorizing such a development which must be in conformity with designated coastal resources planning and management policies provisions. Such policies require, with prescribed exceptions, that designated public access be provided in new development projects. The act requires a coastal development permit or any development or action on appeal to be subject to reasonable terms and conditions to ensure that such development or action will be in accordance with the act. This bill would provide for the conveyance of specified easements in the unincorporated area of Sonoma County, commonly known as the Sea Ranch to the State Coastal Conservancy under prescribed terms and conditions. It would exempt from the permit requirements of the act the construction of any single-family residence dwelling within such an area on any vacant, legal lot existing on the effective date of the provisions of this bill. As to any other development, within such an area, for which a permit is required under the act, this bill would provide that no conditions may be imposed pursuant to the act that impose additional public access requirements or that relate to supplemental water supply facilities, septic tank systems, or internal road realignment. It would provide that., if on July 1, 1981, deeds and other necessary documents that are legally sufficient to convey the specified easements have not been deposited in an escrow account, such provisions of the bill shall no longer be operative and have no force or effect. The bill would reappropriate a specified $500,000 appropriation for Salt Point State Park - land acquisition to the State Coastal Conservancy for purposes of carrying out the provisions of this bill. It would provide that such appropriation shall be available for encumbrance until July 1, 1981, and, if by that date the deeds and other necessary documents that are legally sufficient to convey the specified easements have not been deposited in escrow, as prescribed, such appropriated money shall revert to the Energy and Resources Fund. The bill would provide that local governments would be reimbursed pursuant to designated provisions of the California Coastal Act of 1976 for costs that may be incurred by them in carrying out any program or performing any service required by the bill. The bill would take effect immediately as an urgency statute. Vote: 2/3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes. The People of the state of California do enact as follows: SECTION 1. Section 30610.6 is added to the Public Resources Code, to read: 30610.6. (a) The Legislature hereby finds and declares that it is in the public interest to provide by statute for the resolution of the lengthy and bitter dispute involving development of existing legal lots within the unincorporated area of Sonoma County, commonly known as the Sea Ranch. The reasons for the need to finally resolve this dispute include: (1) Acknowledgment by the responsible regulatory agencies that development of existing lots at Sea Ranch can proceed consistent with the provisions of this division and other applicable laws provided certain conditions have been met. Development has been prevented at considerable costs to property owners because these conditions have not been met. (2) That it has been, and continues to be, costly to Sea Ranch property owners and the public because of, among other reasons; extensive and protracted litigation, continuing administrative proceedings, and escalating construction costs. (3) The need to provide additional public access to and along portions of the coast at the Sea Ranch in order to meet the requirements of this division. The continuation of this dispute prevents the public from enjoying the use of such access opportunities. (4) The commission is unable to refund 118 "environmental deposits" to property owners because coastal development permit conditions have not been met. (5} It appears likely that this lengthy dispute will continue unless the Legislature provides a solution, and the failure to resolve the dispute will be unfair to property owners and the public. (6) The Legislature further finds and declares that because of the unique circumstances of this situation, the provisions of this section constitute the most expeditious and equitable mechanism to ensure a timely solution that is in the best interest of property owners and that is consistent with the requirements of this division. (c) If the Sea Ranch Association and Oceanic California, Inc. desire to take advantage of the terms of this section, they shall not sooner than April 1, 1981, and not later than July 1, 1981, deposit into escrow deeds and other necessary documents that have been determined by the State Coastal Conservancy prior to their deposit in escrow to be legally sufficient to convey to the State Coastal Conservancy enforceable and nonexclusive public use easements free and clear of liens and encumbrances for the easements specifically described in this subdivision. Upon deposit of five hundred thousand dollars ($500,000) into the same escrow account by the State Coastal Conservancy, but in no event later than 30 days after such deeds and other necessary documents have been deposited in the escrow account, the escrow agent shall transmit the five hundred thousand dollars ($500,000), less the escrow, title, and administrative costs of the State Coastal Conservancy, in an amount not to exceed twenty thousand dollars ($20,000), to the Sea Ranch Association and shall convey such deeds and other necessary documents to the State Coastal Conservancy. The conservancy shall subsequently convey such deeds and Other necessary documents to an appropriate public agency that is authorized and agrees to accept such easements. The deeds specified in this subdivision shall be for the following easements: (1) In Unit 34A, a 30-foot wide vehicle and pedestrian access easement from a point on State Highway 1, 50 feet north of mile post marker 56.75, a day parking area for10 vehicles, a 15-foot wide pedestrian accessway from the parking area continuing west to the bluff-top trail, and a 15-foot wide bluff-top pedestrian easement beginning at the southern boundary of Gualala Point County Park and continuing for approximately three miles in a southerly direction to the sandy beach at the northern end of Unit 28 just north of Walk-on Beach. together with a 15-foot wide pedestrian easement to provide a connection to Walk-on Beach to the south. (2) In Unit 24, a day parking area west of State Highway 1, just south of Whalebone Reach, for six vehicles, and a 15-foot wide pedestrian accessway over Sea Ranch Association common areas crossing Pacific Reach and continuing westerly to the southern portion of Shell Beach with a 15-foot wide pedestrian easement to connect with the northern portion of Shell Beach. (3) In Unit 36, a 30-foot wide vehicle and pedestrian accessway from State Highway 1, mile post marker 53.96, a day parking area for 10 vehicles, and a 15-foot wide pedestrian accessway from the parking area to the beach at the intersection of Units 21 and 36. (4) In Unit 17, adjacent to the intersection of Navigator's Reach and State Highway 1, 75 feet north of mile post marker 52.21, enough land to provide day parking for four vehicles and a 15-foot wide pedestrian accessway from the parking area to Pebble Beach. (5) In Unit 8, a 30-foot wide vehicle and pedestrian accessway from State Highway 1, mile post marker 50.85, a day parking area for 10 vehicles and a 15-foot wide pedestrian accessway from the parking area to Black Point Beach. (6) With respect to each of the beaches to which access will be provided by the easements specified in this subdivision, a easement for public use of the area between the line of mean high tide and either the toe of the adjacent bluff or the first line of vegetation, whichever is nearer to the water. (7) Scenic view easements for those areas specified by the executive director, as provided in subdivision (d), and which easements allow for the removal of trees in order to restore and preserve scenic views from State Highway 1. (d) The executive director of the commission shall, within 30 days after the effective date of this section, specifically identify the areas along State Highway 1 for which the scenic view easements provided for in paragraph (7) of subdivision (c) will be required. In identifying the areas for which easements for the restoration and preservation of public scenic views will be required, the executive director shall take into account the effect of tree removal so as to avoid causing erosion problems. It is the intent of the Legislature that only those areas be identified where scenic views to or along the coast are unique or particularly beautiful or spectacular and which thereby take on public importance. The restoration and preservation of the scenic view areas specified pursuant to this subdivision shall be at public expense. (e) Within 30 days after the effective date of this section, the executive director of the commission shall specify design criteria for the height, site, and bulk of any development visible from the scenic view areas provided for in subdivision (d). Such criteria shall be enforced by the County of Sonoma if the deeds and other necessary documents specified in subdivision (c) have been conveyed to the state Coastal Conservancy. Such criteria shall be reasonable so as to enable affected property owners to build single-family residences of substantially similar overall size to those which property owners who are not affected by these criteria may build or have already built under the Sea Ranch Association's building design criteria. The purpose of such criteria is to ensure that development will not substantially detract from the specified scenic view areas, (f) On and after the date on which the deeds and other necessary documents deposited in escrow pursuant to subdivision (c) have been conveyed to the State Coastal Conservancy, no additional public access requirements shall be imposed at the Sea Ranch pursuant to this division by any regional commission, the commission, any other state agency, or any local government. The Legislature hereby finds and declares that the provision of the access facilities specified in this subdivision shall be deemed adequate to meet the requirements of this division. (g) The realignment of internal roads within the Sea Ranch shall not be required by any state or local agency acting pursuant to the provisions of this division; provided, however, that appropriate easements may be required by the County of Sonoma to provide for the expansion of State Highway 1 for the development of turnout and left-turn lanes and for the location of a bicycle path, when the funds are made available for such purposes. The Legislature finds and declares that the provisions of this subdivision are adequate to meet the requirements of this division to ensure that new development at the Sea Ranch will not overburden the capacity of State Highway 1 to the detriment of recreational users. (h) No coastal development permit shall be required pursuant to this division for the development of supplemental water supply facilities determined by the State Water Resources Control Board to be necessary to meet the needs of legally permitted development within the Sea Ranch. The commission, through its executive director, shall participate in the proceedings before the State Water Resources Control Board relating to such facilities and may recommend terms and conditions that the commission deems necessary to protect against adverse impacts on coastal zone resources. The State Water Resources Control Board shall condition any permit or other authorization for the development of such facilities so as to carry out the commission's recommendation, unless the State Water Resources Control Board determines that any such recommended terms or conditions are unreasonable. This subdivision shall become operative if the deeds and other necessary documents specified. in subdivision (c) have been conveyed to the State Coastal Conservancy. (i) Within 90 days after the effective date of this section, the commission, through its executive director, shall specify criteria for septic tank construction, operation, and monitoring within the Sea Ranch to ensure protection of coastal zone resources consistent with the policies of this division. The North Coast Regional Water Quality Control Board shall review such criteria and adopt it, unless it finds such criteria or a portion thereof is unreasonable. The regional board shall be responsible for the enforcement of any such adopted criteria if the deeds and other necessary documents specified in subdivision (c) have been conveyed to the State Coastal Conservancy. (j) Within 60 days after the date on which the deeds and other necessary documents deposited in escrow pursuant to subdivision (c) have been conveyed to the State Coastal Conservancy, the commission shall refund every Sea Ranch "environmental deposit" together with any interest earned on such deposit to the person, or his or her designee, who paid such deposit. ( k) Notwithstanding any other provision of law, on and after the date on which the deeds and other necessary documents deposited in escrow pursuant to subdivision (c) have been conveyed to the State Coastal Conservancy, a coastal development permit shall not be required pursuant to this division for the construction of any single-family residence dwelling on any vacant, legal lot existing at the Sea Ranch on the effective date of this section. With respect to any other development for which a coastal development permit is required within legally existing lots at the Sea Ranch, no conditions may be imposed pursuant to this division that impose additional public access requirements or that relate to supplemental water supply facilities, septic tank systems, or internal road realignment. (l) Notwithstanding any other provision of law, if on July 1, 1981, deeds and other necessary documents that are legally sufficient to convey the easements specified in subdivision (c) have not been deposited in an escrow account, the provisions of this section shall no longer be operative and shall have no force or effect and thereafter all the provisions of this division in effect prior to enactment of this section shall again be applicable to any development within the Sea Ranch. (m) The Legislature hereby finds and declares that the provisions for the settlement of this dispute, especially with respect to public access, as set forth in this section provide an alternative to and are equivalent to the provisions set forth in Section 30610.3. The Legislature further finds that the provisions of this section are not in lieu of the permit and planning requirements of this division but rather provide for an alternative mechanism to Section 30610.3 for the resolution of outstanding issues at the Sea Ranch. SEC. 2. The sum of five hundred thousand dollars ($500,000) appropriated from the Energy and Resources Fund by category (f) of Item 532 of the Budget Act of 1980 to the Department of Parks and Recreation for Salt Point State Park - land acquisition is hereby reappropriated to the State Coastal Conservancy for the purpose of carrying out the provisions of Section 30610.6 of the Public Resources Code. (b) It is the intent of the Legislature that the dispute between the Sea Ranch Association and the California Coastal Commission be resolved and settled as soon as possible. In order to effectuate an expeditious resolution of this dispute that is in the best interest of the public and the lot owners at the Sea Ranch, the appropriation made by this section shall be available for encumbrance until July 1, 1981, and, if by that date deeds and other necessary documents that are legally sufficient to convey the easements specified in subdivision (c) of Section 30610.6 of the Public Resources Code have not been deposited in escrow as provided for in this act, the money appropriated by this act shall revert to the Energy and Resources Fund. SEC. 3. The Legislature hereby declares that the enactment of this act shall not be construed as establishing any precedent for any future action affecting the coastal zone under the California Coastal Act of 1976. SEC. 4. Local governments shall be reimbursed pursuant to Sections 30340.5 and 30340.6 of the Public Resources Code for any costs that may be incurred by them in carrying out any program or performing any service required to be carried on or performed by them by this act. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide a procedure to settle the question of public access at The Sea Ranch as soon as possible, it is necessary that this act take effect immediately. Scenic View Easements
As a part of the legislative solution to the question of development of The Sea Ranch, the Coastal Act has been amended by the addition of Subsection 30610.6 (d) which instructs the executive director to "specifically identify the areas along State Highway One for which scenic view easements.. .will be required.". Subsection 30610.6 (c) states that these easements are to be established for the purpose of allowing for the removal of trees in order to restore and preserve scenic views from the highway. Using the Commission’s current Overall Conditions and Findings for The Sea Ranch., plus the Sonoma County LCP, as starting points, the staff has identified those areas for which easements will be required. Below is a list of such areas as well as a recommendation for tree removal at each site. These recommendations are designed to be both an aid in directing the eventual removal of the trees as well as a means of ensuring that drainage areas within each easement will not be subject to increased erosion due to tree removal. Easements and Tree Removal Guidelines Unit 15 Easement — All the common area in this unit shall be subject to a scenic view easement. Tree Removal Guideline - South of the Yardarm Drive entrance all trees within 50 feet of the entrance shall be removed, as shall all trees along the southernmost 200 feet of Yardarm Drive. Trees should be removed to open coastal views throughout the easement north of the entrance (See Map A). Unit 11 Easement — The easement shall be a 20 foot wide strip running the length of the area tentatively identified as Unit 1]., adjacent to Highway One frontage. (See Map B) Tree Removal Guideline - Trees should be thinned and removed where necessary to open coastal view. Unit 1 Easement — The easement shall encompass all of the common area behind the Moonraker Recreation Area and Block 5. (See Map C) Tree Removal Guideline - To open a downcoast view to Black Point trees behind the Moonraker Recreation Center shall be trimmed and thinned, gradually giving way to the creation of a clearing behind Captain’s Close. Moonraker Road Easement — An easement shall extend 200’ seaward along the first 400’ of Highway One frontage, south of Moonraker Road. (See Map C) Tree Removal Guideline - Trees in this area shall be removed. Unit 7 Easement — Starting at the northern hedgerow, the easement extends across thee common area between Highway One and the rear of Block 2 and the lot reserved for a recreation area. (See Map D) Tree Removal Guideline - Remove only those Bishop Pines in the area behind Lots 4—9. Leave all the trees in the vicinity of Annapolis Road. Unit 18 Easement 1— The easement begins at the southernmost hedgerow and proceeds southward across the common area between Highway One, Mariners Drive and Lot 102. It then continues along the highway frontage, maintaining the width established between the southeastern corner of Lot 102 and the highway until it terminates at the boundry of this unit and Unit 17. (See Map E) Tree Removal Guideline - All the young Bishop Pines along the fence shall be removed. Easement 2 — The easement includes all the common area south of Whitesurf Road, between Lots 38-42 and Highway One. (See Map E) Tree Removal Guideline - Remove most of the trees in this area. Sea Ranch Stables / Knipp-Stengel Barn Easement — In the portion of the stables area north of the hedgerow (above Lots 130-140), an easement shall extend southward 200’ from the north-east leg of the boundry with Unit 21. In addition, a 20’ wide easement, to Highway One frontage, shall extend south to the hedgerow. (See Map F) Tree Removal Guideline - Trees along the boundry with Unit 21 shall be topped and trimmed to maintain the northern view across the unit. Trees in the strip along the highway should be removed where necessary to restore lateral coastal views. Unit 21 Easement 1 — Includes all common land south of the northern hedgerow to Breaker Reach, bordered by Hedgegate Road on the west. (See Map F) Tree Removal Guideline - Remove all the trees in this area to restore the best downcoast view in The Sea Ranch. Easement 2 — The easement extends from the Breaker Reach entrance to the Vantage Road entrance. This easement is bordered on the west by Greenvale Close and the lots fronting on that street, down to Lot 8. The easement ends at a straight line between the northwest corner of Lot 8 and the southwest corner of Lot 31. (See Map F) Tree Removal Guideline - Widen the view down Breaker Reach by cutting the Bishop Pines just south of the entrance. Top and thin trees between Lots 31— 34 and 7-8 to maintain a clear downcoast view over this area. It is noted, however, that extensive cutting in this area is not recommended because of the drainage course at this site. Trees behind Lots 4-6 should be thinned. The trees from behind Lot 3 to the Vantage Road entrance should be removed. Easement 3 — This easement starts at the Vantage Road entrance and extends southward, between Sentinel Close and Highway One, to the boundry between this unit and The Sea Ranch Stables. (See Map F) Tree Removal Guideline - The young pines in this area should be removed, but the windstunted redwoods and brush in the southern drainage area should remain to prevent increased erosion. Easement 4 — The easement begins at the northern hedgerow and extends northward behind Lots 42, 43, and 44, and terminates at the end of this unit. (See Map G) Tree Removal Guideline - Remove all the young pines along the fence. Unit 24 Easement — To widen the view down Whalebone Road an easement shall be established to include all the common area south of Whalebone, between Highway One and the rear of Lots 158 and 159. (Note: Pursuant to Coastal Act Subsection 30610.6 (c)(2) this area is also the site of a six vehicle parking area. This scenic easement is intended to cover that portion of the designated area that is not used for parking.) (See Map G) Tree Removal Guideline - Remove all the trees .in this area. Unit 28 Easement 1 — An easement shall be established to include all common area south of the northern hedgerow to Leeward Spur, between Highway One and Leeward Road. (See Map H) Tree Removal Guideline - Thin and remove trees in the easement area to restore a view across the entire unit. No trees should be removed between Lots 6 and 7 to avoid exacerbating erosion in the small drainage area. Easement 2 — This easement extends across all the common area bordered by Leeward Spur, Leeward Road and the southern hedgerow. (See Map H) Tree Removal Guideline - Thin trees to restore view of the coast.
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 Last Updated: 03/19/07 |
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