Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 amended, 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.begin insert The bill would make findings with regard to the development of a greenway along the Los Angeles River and its tributaries and would declare that, by developing a greenway, a city, county, or city and county, may apply for funds from various sources.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares the following
2with regard to the development of a greenway along the Los
3Angeles River and its tributaries:

end insert
begin insert

4(a) The area along the Los Angeles River and its tributaries is
5particularly suited for the development of a greenway. A Los
6Angeles River greenway that focuses on public-private partnerships
7aimed at establishing a continuous pedestrian bikeway along the
8Los Angeles River and its tributaries would foster job creation,
9economic development, and community revitalization.

end insert
begin insert

10(b) By developing a greenway that promotes sustainability and
11acts as a transportation corridor, a city, county, or city and county
12may apply for alternative fuels funding, greenhouse gas reduction
13funds, and other land use funds, as appropriate.

end insert
14

begin deleteSECTION 1.end delete
15begin insertSEC. 2.end insert  

This act shall be known, and may be cited, as the
16Greenway Development and Sustainment Act.

17

begin deleteSEC. 2.end delete
18begin insertSEC. 3.end insert  

Section 815.3 of the Civil Code is amended to read:

19

815.3.  

Only the following entities or organizations may acquire
20and hold conservation easements:

21(a) A tax-exempt nonprofit organization qualified under Section
22501(c)(3) of the Internal Revenue Code and qualified to do business
23in this state that has as its primary purpose the preservation,
24protection, or enhancement of land in its natural, scenic, historical,
25agricultural, forested, or open-space condition or use, or the
26development of a greenway.

27(b) The state or any city, county, city and county, district, or
28other state or local governmental entity, if otherwise authorized
29to acquire and hold title to real property and if the conservation
30easement is voluntarily conveyed. A local governmental entity
31shall not condition the issuance of an entitlement for use on the
32applicant’s granting of a conservation easement pursuant to this
33chapter.

34(c) A federally recognized California Native American tribe or
35a nonfederally recognized California Native American tribe that
P3    1is on the contact list maintained by the Native American Heritage
2Commission to protect a California Native American prehistoric,
3archaeological, cultural, spiritual, or ceremonial place, if the
4conservation easement is voluntarily conveyed.

5(d) For purposes of this section, the following terms have the
6following meanings:

7(1) “Adjacent” means within 400 yards from the property
8boundary of an existing urban waterway.

9(2)  “Greenway” means a pedestrian and bicycle, nonmotorized
10vehicle transportation, and recreational travel corridor that meets
11the following requirements:

12(A) Includes landscaping that improves rivers and streams,
13provides flood protection benefits, and incorporates the significance
14and value of natural, historical, and cultural resources, as
15documented in the local agency’s applicable planning document,
16including, but not limited to, a master plan, a general plan, or a
17specific plan.

18(B) Is separated and protected from shared roadways, is adjacent
19to an urban waterway, and incorporates both ease of access to
20 nearby communities and an array of amenities and services for the
21users of the corridor and nearby communities.

22(C) Is located on public lands or private lands, or a combination
23of public and private lands, where public access to those lands for
24greenway purposes has been legally authorized by the fee owner
25of the land and, if applicable, the operator of any facility or
26improvement located on the land, through leases, easements, or
27other agreements entered into by the fee owner and the operator
28of any affected facility or improvement on the land.

29(D) Reflects design standards regarding appropriate widths,
30clearances, setbacks from obstructions, and centerlines protecting
31directional travel, and other considerations, as appropriate, that
32are applicable for each affected local agency, as documented in
33the local agency’s applicable planning document, including, but
34not limited to, a master plan, general plan, or specific plan.

35(E) May incorporate appropriate lighting, public amenities, art,
36and other features that are consistent with a local agency’s planning
37document, including, but not limited to, a general plan, master
38plan, or specific plan.

39(3) “Urban waterway” means a creek, stream, or river that
40crosses (A) developed residential, commercial, or industrial
P4    1property or (B) open space where the land use is designated as
2residential, commercial, or industrial, as referenced in a local
3agency’s planning document, including, but not limited to, a
4general plan, master plan, or specific general plan.

5

begin deleteSEC. 3.end delete
6begin insertSEC. 4.end insert  

Section 65560 of the Government Code is amended
7to read:

8

65560.  

(a) “Local open-space plan” is the open-space element
9of a county or city general plan adopted by the board or council,
10either as the local open-space plan or as the interim local
11open-space plan adopted pursuant to Section 65563.

12(b) “Open-space land” is any parcel or area of land or water that
13is essentially unimproved and devoted to an open-space use as
14defined in this section, and that is designated on a local, regional,
15or state open-space plan as any of the following:

16(1) Open space for the preservation of natural resources
17including, but not limited to, areas required for the preservation
18of plant and animal life, including habitat for fish and wildlife
19species; areas required for ecologic and other scientific study
20purposes; rivers, streams, bays, and estuaries; and coastal beaches,
21lakeshores, banks of rivers and streams, greenways, as defined in
22Section 815.3 of the Civil Code, and watershed lands.

23(2) Open space used for the managed production of resources,
24including, but not limited to, forest lands, rangeland, agricultural
25lands, and areas of economic importance for the production of
26food or fiber; areas required for recharge of groundwater basins;
27bays, estuaries, marshes, rivers, and streams that are important for
28the management of commercial fisheries; and areas containing
29major mineral deposits, including those in short supply.

30(3) Open space for outdoor recreation, including, but not limited
31to, areas of outstanding scenic, historic, and cultural value; areas
32particularly suited for park and recreation purposes, including
33access to lakeshores, beaches, and rivers and streams; and areas
34that serve as links between major recreation and open-space
35reservations, including utility easements, banks of rivers and
36streams, trails, greenways, and scenic highway corridors.

37(4) Open space for public health and safety, including, but not
38limited to, areas that require special management or regulation
39because of hazardous or special conditions such as earthquake
40fault zones, unstable soil areas, flood plains, watersheds, areas
P5    1presenting high fire risks, areas required for the protection of water
2quality and water reservoirs, and areas required for the protection
3and enhancement of air quality.

4(5) Open space in support of the mission of military installations
5that comprises areas adjacent to military installations, military
6training routes, and underlying restricted airspace that can provide
7additional buffer zones to military activities and complement the
8resource values of the military lands.

9(6) Open space for the protection of places, features, and objects
10described in Sections 5097.9 and 5097.993 of the Public Resources
11Code.



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