SECTIONS 33700-33704 - California Statutes

PUBLIC RESOURCES CODE

SECTION 33700-33704

33700. (a) As used in this chapter, "mountainous lands" means all
lands, irrespective of their angle of slope or other natural or
manmade terrain features, within the territory of the conservancy
that lie above the floor of the Coachella Valley, if there is no
alluvial fan, or that lie above any alluvial fan extending onto the
valley floor, as more specifically set forth in that certain map
entitled "Coachella Valley Mountainous Lands Map" and dated ____ __,
1999, and placed on file with the Secretary of State, which map is
hereby incorporated in this subdivision by this reference. The map
described in this subdivision may be combined with, and made a part
of, the map described in Section 33502.
(b) The governing board of the conservancy may adjust the boundary
delineating mountainous lands within the conservancy's territory,
but not by more than 100 yards from the boundary mapped as specified
in subdivision (a), to avoid bisecting any single lot or parcel in
existence on January 1, 1991, or to conform the boundary to more
readily identifiable natural or manmade features in existence on
January 1, 1991, if the adjustment will not jeopardize any of the
resource values specified in Section 33500. Any adjustment in the
boundary shall be reflected in a revision to the map specified in
subdivision (a), which revision shall be promptly filed with the
Secretary of State.
(c) In the event of any inconsistency between the definition of
"mountainous lands," as set forth in this section, and the map
described in this section, the definition shall control.
(d) As used in this chapter, "natural community conservation lands"
means all lands within the territory of the conservancy, the
preservation of which is necessary to implement a natural community
conservation plan that has been approved by the Department of Fish
and Game pursuant to Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code.

33701. The conservancy may not exercise the power of eminent
domain. The conservancy may request the State Public Works Board to
exercise the power of eminent domain on behalf of the conservancy
pursuant to the Property Acquisition Law (Part 11 (commencing with
Section 15850) of Division 3 of Title 2 of the Government Code). The
conservancy may initiate a request only with respect to uninhabited
real property within the territory of the conservancy containing
mountainous lands and after providing at least 60 days' notice of its
intention to request acquisition by eminent domain. The notice shall
be sent either to the city in which the real property is situated;
the county if the real property is situated in an unincorporated
area; or the Tribal Council of the Agua Caliente Band of Cahuilla
Indians if the real property is situated within the trust lands of
the Agua Caliente Indian Reservation. The State Public Works Board
shall not, acquire any real property by eminent domain in response to
a request of the conservancy if either of the following is the case:
(a) No part of the real property is mountainous land.
(b) The acquisition is objected to by the city in which the real
property is situated; by the county if the real property is situated
in an unincorporated area; or by the Tribal Council of the Agua
Caliente Band of Cahuilla Indians if the real property is situated
within the trust lands of the Agua Caliente Indian Reservation. To be
effective, the objection shall be made by a resolution of the city
council, the county board of supervisors, or the Tribal Council of
the Agua Caliente Band of Cahuilla Indians, as the case may be,
adopted within 60 days from the date of receipt of notice from the
conservancy. The city, the county, or the tribal council, as the case
may be, may at any subsequent time rescind its objection.

33702. (a) Except as provided in subdivisions (b) and (c), the
acquisition of real property or interests in real property under this
division is subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code).
(b) Any acquisition of real property or any interest in real
property within the territory of the conservancy that is located in
an area designated as a National Scenic Area and that has a value of
less than two hundred fifty thousand dollars ($250,000), is not
subject to the Property Acquisition Law.
(c) Any acquisition of real property from the County of Riverside
that was acquired by the county as a result of the nonpayment of
taxes, and that has a value of less than two hundred fifty thousand
dollars ($250,000), is not subject to the Property Acquisition Law if
the Administrative Secretary of the State Public Works Board has
received written notice that the conservancy has adopted a resolution
requesting that the real property be removed from public sale and
the Director of Finance has not, within 60 days from the date that
the written notice was received, notified the executive director of
the conservancy that the real property must be acquired under the
Property Acquisition Law.
(d) The committee that is responsible for developing the Coachella
Valley natural community conservation plan as of December 31, 1999,
or any subsequent committee that is responsible for overseeing the
implementation of any state-approved Coachella Valley natural
community conservation plan, habitat conservation plan, or similar
program, shall be the advisory committee to the conservancy in its
implementation of any aspect of the plan or program. Prior to the
acquisition of property or the taking of other actions in furtherance
of the plan or program, the conservancy shall consult with the
advisory committee.
(e) Except as provided in Section 33701, and subject to Section
33507, the conservancy may acquire any property, and any interest in
property, on behalf of itself or a state agency represented on the
governing board, within its territory if acquisition of the property
is in furtherance of the conservancy's purposes, as set forth in
Section 33501. The conservancy may initiate, negotiate, and
participate in agreements with local, state, and federal public
agencies or nonprofit entities for the management of land under the
conservancy's ownership or control, in furtherance of the conservancy'
s purposes. The conservancy may also hold, manage, maintain,
administer, occupy, and care for that property in the event that no
appropriate public or private entity is available to undertake that
responsibility without cost to the conservancy.
(f) (1) Except as provided in paragraph (2), the conservancy shall
not sell, exchange, lease, or otherwise dispose of or encumber, any
mountainous lands or natural community conservation lands unless
authorized by a four-fifths vote of the governing board or a
two-thirds vote of the electors residing within the conservancy.
(2) The conservancy may transfer any mountainous lands or natural
community conservation lands to another public agency or to any
nonprofit organization that has as its primary purpose the
preservation, protection, or enhancement of land in its natural,
scenic, historic, agricultural, forested, or open-space condition or
use, if the transfer is authorized in the presence of a quorum and
upon the recorded votes of a majority of the voting members of the
governing board, and if the transferee agrees to hold, manage,
maintain, administer, occupy, and care for the property in perpetuity
and in furtherance of the conservancy's purposes, as set forth in
Section 33501.
(3) Any lease entered into pursuant to this subdivision shall not
exceed five years and shall include the express provision that the
lease may be terminated at any time that the governing board
determines that the land is needed for conservancy purposes.
(g) Notwithstanding subdivision (e) and the requirements specified
in subdivision (f), the conservancy may sell, exchange, lease, or
otherwise dispose of or encumber, property that is not mountainous
land or natural community conservation land on any terms that are in
the best interests of the conservancy.

33702.5. The conservancy may enter into an option to purchase real
property in fee or any lesser interest and may transfer an option
subject to the requirements of subdivision (b) of Section 33702.

33703. This division is not intended to infringe on the existing
authority of the County of Riverside or the cities lying within the
conservancy's territory to plan and control land uses, and no
provision of this division shall be construed as conferring on the
conservancy the authority to plan or control the use of any land
except those lands that the conservancy may acquire and hold.

33704. The Legislature hereby acknowledges the role of the former
Coachella Valley Mountains Conservancy, a California nonprofit
corporation, and its successor, the Coachella Valley Mountains Trust,
a California nonprofit corporation, in providing the leadership
within the community that led to the creation of the conservancy
pursuant to this division. Accordingly, the conservancy created by
this division shall consult, and coordinate its program, with the
trust, and any successor entity, for as long as it may exist.