Section 21080.28.5 - [Effective 1/1/2025] Applicability of division to public access within a park(a) It is the intent of the Legislature in enacting this section to clarify the applicability of this division to the provision of public access within a park or open space area by a park district or the Great Redwood Trail Agency in a manner that causes no physical alteration to the area affected. This section is not intended to otherwise alter the applicability of this division to an action that may cause a physical change in the environment or provide relief from any other law, regulation, or responsibility.(b)(1) Subject to paragraph (2), this division does not apply to a change in use approved by a lead agency to allow public access to any of the following in an area used exclusively for nonmotorized recreation: (A) Preexisting paved and natural surface roads.(C) Preexisting pathways.(D) Preexisting disturbed areas for vehicle parking, such as driveways, when the change of use does not involve new paving or grading.(E) Rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail.(2) The exemption in paragraph (1) only applies if all of the following criteria are met:(A) The lead agency is a park district or the Great Redwood Trail Agency.(B) The area used for nonmotorized recreation is owned or managed by a park district or the Great Redwood Trail Agency.(C) The change in use is to provide public access for nonmotorized recreation.(D) The change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable.(E) The change in use does not involve a physical alteration of the affected area.(F) The change in use is not likely to result in either of the following: (i) Significant adverse impacts to tribal cultural resources.(ii) Significant adverse impacts to endangered, threatened, rare, or special status plant or animal species.(c) Before making a determination to approve or carry out a change in use that is determined to be exempt from this division pursuant to subdivision (b), the lead agency shall do all of the following: (1) Hold a public meeting to consider and solicit public input on the change in use under consideration. The lead agency shall offer remote public participation during the meeting in a manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).(2) Post a written notice of the public meeting on the public agency's internet website and at the project site at least 30 days before the public meeting. The written notice shall include a project description and the location and date of the public meeting.(3) Make a finding that all of the criteria specified in paragraph (2) of subdivision (b) are met.(d) If the lead agency determines that a change in use is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk of the county in which the land is located in accordance with subdivisions (b), (c), and (d) of Section 21152.(e) For purposes of this section, the following definitions apply: (1) "Nonmotorized recreation" means low-impact recreational activities, including hiking, walking, bike riding, equestrian use, and nature viewing.(2) "Park district" means a district, as defined in Section 5500, that is governed by an independent board.(3) "Public access" means allowing visitors on public agency-managed park and open space in a manner that is consistent with the underlying conservation or park purposes for those lands.(f) This section does not affect any land covenants, such as grant agreements, conservation easements, or deed restrictions, or a long-term management plan or habitat conservation plan, or alters any conditions of acquisition.(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.Ca. Pub. Res. Code § 21080.28.5
Added by Stats 2024 ch 377 (AB 2091),s 1, eff. 1/1/2025.