California Legislature—2015–16 Regular Session

Assembly Bill No. 1251

Introduced by Assembly Member Gomez

February 27, 2015

An act to amend Section 815.3 of the Civil Code, and to amend Section 65560 of the Government Code, relating to open-space lands.

LEGISLATIVE COUNSEL’S DIGEST

AB 1251, as introduced, Gomez. Greenway Development and Sustainment Act.

Existing law establishes various plans and programs intended to preserve, protect, and rehabilitate lands adjacent to rivers in the state. Existing law authorizes certain entities and organizations to acquire and hold conservation easements, including a tax exempt nonprofit organization qualified to do business in this state that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historical, agricultural, forested, or open-space condition or use.

This bill would enact the Greenway Development and Sustainment Act and would authorize those tax-exempt nonprofit organizations to acquire and hold a conservation easement if the organizations have as their primary purpose the development of a greenway, as defined. The bill would also include greenways in the definition of “open-space land” for local planning purposes.

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

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

SECTION 1.  

This act shall be known, and may be cited, as the
Greenway Development and Sustainment Act.

SEC. 2.  

Section 815.3 of the Civil Code is amended to read:

815.3.  

Only the following entities or organizations may acquire
and hold conservation easements:

(a) A tax-exempt nonprofit organization qualified under Section
501(c)(3) of the Internal Revenue Code and qualified to do business
in this state begin delete which end delete begin insert that end insert has as its primary purpose the preservation,
protection, or enhancement of land in its natural, scenic, historical,
agricultural, forested, or open-space condition or begin delete use. end delete begin insert use, or the
development of a greenway. end insert

(b) The state or any city, county, city and county, district, or
other state or local governmental entity, if otherwise authorized
to acquire and hold title to real property and if the conservation
easement is voluntarily conveyed. begin delete No end delete begin insert A end insert local governmental entity
begin delete may end delete begin insert shall not end insert condition the issuance of an entitlement for use on
the applicant’s granting of a conservation easement pursuant to
this chapter.

(c) A federally recognized California Native American tribe or
a nonfederally recognized California Native American tribe that
is on the contact list maintained by the Native American Heritage
Commission to protect a California Native American prehistoric,
archaeological, cultural, spiritual, or ceremonial place, if the
conservation easement is voluntarily conveyed.

begin insert

(d) For purposes of this section, the following terms have the
following meanings:

end insert begin insert

(1) “Adjacent” means within 400 yards from the property
boundary of an existing urban waterway.

end insert begin insert

(2)  “Greenway” means a pedestrian and bicycle, nonmotorized
vehicle transportation, and recreational travel corridor that meets
the following requirements:

end insert begin insert

(A) Includes landscaping that improves rivers and streams,
provides flood protection benefits, and incorporates the
significance and value of natural, historical, and cultural
resources, as documented in the local agency’s applicable planning
document, including, but not limited to, a master plan, a general
plan, or a specific plan.

end insert begin insert

(B) Is separated and protected from shared roadways, is
adjacent to an urban waterway, and incorporates both ease of
access to nearby communities and an array of amenities and
services for the users of the corridor and nearby communities.

end insert begin insert

(C) Is located on public lands or private lands, or a combination
of public and private lands, where public access to those lands for
greenway purposes has been legally authorized by the fee owner
of the land and, if applicable, the operator of any facility or
improvement located on the land, through leases, easements, or
other agreements entered into by the fee owner and the operator
of any affected facility or improvement on the land.

end insert begin insert

(D) Reflects design standards regarding appropriate widths,
clearances, setbacks from obstructions, and centerlines protecting
directional travel, and other considerations, as appropriate, that
are applicable for each affected local agency, as documented in
the local agency’s applicable planning document, including, but
not limited to, a master plan, general plan, or specific plan.

end insert begin insert

(E) May incorporate appropriate lighting, public amenities,
art, and other features that are consistent with a local agency’s
planning document, including, but not limited to, a general plan,
master plan, or specific plan.

end insert begin insert

(3) “Urban waterway” means a creek, stream, or river that
crosses (A) developed residential, commercial, or industrial
property or (B) open space where the land use is designated as
residential, commercial, or industrial, as referenced in a local
agency’s planning document, including, but not limited to, a
general plan, master plan, or specific general plan.

end insert

SEC. 3.  

Section 65560 of the Government Code is amended
to read:

65560.  

(a) “Local open-space plan” is the open-space element
of a county or city general plan adopted by the board or council,
either as the local open-space plan or as the interim local
open-space plan adopted pursuant to Section 65563.

(b) “Open-space land” is any parcel or area of land or water that
is essentially unimproved and devoted to an open-space use as
defined in this section, and that is designated on a local, begin delete regional end delete
begin insert regional, end insert or state open-space plan as any of the following:

(1) Open space for the preservation of natural resources
including, but not limited to, areas required for the preservation
of plant and animal life, including habitat for fish and wildlife
species; areas required for ecologic and other scientific study
purposes; rivers, streams, begin delete bays end delete begin insert bays, end insert and estuaries; and coastal
beaches, lakeshores, banks of rivers and streams, begin insert greenways, as
defined in Section 815.3 of the Civil Code, end insert and watershed lands.

(2) Open space used for the managed production of resources,
begin delete including end delete begin insert including, end insert but not limited to, forest lands, rangeland,
agricultural begin delete lands end delete begin insert lands, end insert and areas of economic importance for the
production of food or fiber; areas required for recharge of
groundwater basins; bays, estuaries, marshes, begin delete rivers end delete begin insert rivers, end insert and
streams begin delete which end delete begin insert that end insert are important for the management of
commercial fisheries; and areas containing major mineral deposits,
including those in short supply.

(3) Open space for outdoor recreation, begin delete including end delete begin insert including, end insert but
not limited to, areas of outstanding scenic, begin delete historic end delete begin insert historic, end insert and
cultural value; areas particularly suited for park and recreation
purposes, including access to lakeshores, beaches, and rivers and
streams; and areas begin delete which end delete begin insert that end insert serve as links between major
recreation and open-space reservations, including utility easements,
banks of rivers and streams, trails, begin insert greenways, end insert and scenic highway
corridors.

(4) Open space for public health and safety, including, but not
limited to, areas begin delete which end delete begin insert that end insert require special management or
regulation because of hazardous or special conditions such as
earthquake fault zones, unstable soil areas, flood plains, watersheds,
areas presenting high fire risks, areas required for the protection
of water quality and water begin delete reservoirs end delete begin insert reservoirs, end insert and areas required
for the protection and enhancement of air quality.

(5) Open space in support of the mission of military installations
that comprises areas adjacent to military installations, military
training routes, and underlying restricted airspace that can provide
additional buffer zones to military activities and complement the
resource values of the military lands.

(6) Open space for the protection of places, features, and objects
described in Sections 5097.9 and 5097.993 of the Public Resources
Code.