Article 1. Definitions of California Government Code >> Division 1. >> Title 5. >> Part 1. >> Chapter 6.9. >> Article 1.
As used in this chapter, the following terms have the
following meanings:
(a) "City" means any city or city and county.
(b) "Landowner" includes a lessee or trustee, if the expiration of
the lease or trust occurs at a time later than the expiration of the
restriction of the use of the land to photovoltaic solar facilities
or any extension of the restriction.
(c) "Solar-use easement" means any right or interest acquired by a
county, or city in perpetuity, for a term of years, or annually
self-renewing as provided in Section 51191.2, in a parcel or parcels
determined by the Department of Conservation pursuant to Section
51191 to be eligible, where the deed or other instrument granting the
right or interest imposes restrictions that, through limitation of
future use, will effectively restrict the use of the land to
photovoltaic solar facilities for the purpose of providing for the
collection and distribution of solar energy for the generation of
electricity, and any other incidental or subordinate agricultural,
open-space uses, or other alternative renewable energy facilities. A
solar-use easement shall not permit any land located in the easement
to be used for any other use allowed in commercial, industrial, or
residential zones. A solar-use easement shall contain a covenant with
the county, or city running with the land, either in perpetuity or
for a term of years, that the landowner shall not construct or permit
the construction of improvements except those for which the right is
expressly reserved in the instrument provided that those
reservations would not be inconsistent with the purposes of this
chapter and which would not be incompatible with the sole use of the
property for solar photovoltaic facilities.