SECTIONS 5096.225-5096.229 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5096.225-5096.229

5096.225. This chapter shall be known and may be cited as the
California Park and Recreational Facilities Act of 1984.

5096.226. The Legislature hereby finds and declares that:
(a) It is the responsibility of this state to provide and to
encourage the provision of recreational opportunities and facilities
for citizens of California.
(b) It is the policy of the state to preserve, protect, and, where
possible, restore coastal resources which are of significant
recreational or environmental importance and, through proper planning
and development, to make them available for the enjoyment of present
and future generations of persons of all income levels, all ages,
and all social groups.
(c) When there is proper planning and development, parks, beaches,
recreation areas and recreational facilities, and historical
resources preservation projects contribute not only to a healthy
physical and moral environment, but also contribute to the economic
betterment of the state, and, therefore, it is in the public interest
for the state to acquire, develop, or restore areas for recreation,
conservation, or preservation and to aid local governments of the
state in acquiring, developing, or restoring those areas as will
contribute to the realization of the policy declared in this chapter.

5096.227. The Legislature further finds and declares that:
(a) The demand for parks, beaches, recreation areas and
recreational facilities, and historical resources preservation
projects in California is far greater than what is presently
available, with the number of people who cannot be accommodated at
the area of their choice or any comparable area increasing rapidly.
Further, the development of parks, beaches, recreation areas and
recreational facilities, and historical resources preservation
projects has not proceeded rapidly enough to provide for their full
utilization by the public.
(b) The demand for parks, beaches, recreation areas and
recreational facilities, and historical resources preservation
projects in the urban areas of our state is even greater since over
90 percent of the present population of California reside in urban
areas; there continues to be a serious deficiency in open space and
recreation areas in the metropolitan areas of the state; and less
urban land is available, costs are escalating, and competition for
land is increasing.
(c) There is a high concentration of urban social problems in
California's major metropolitan areas which can be partially
alleviated by increased recreational opportunities.
(d) There is a particularly high demand for recreational use at
reservoirs and lakes within the state park system and recreational
facilities at nonstate water facilities are particularly in need of
expansion, rehabilitation, or restoration.
(e) California's coast provides a great variety of recreational
opportunities not found at inland sites; it is heavily used because
the state's major urban areas lie, and 85 percent of the state's
population lives, within 30 miles of the Pacific Ocean; a shortage of
facilities for almost every popular coastal recreational activity
exists; and there will be a continuing high demand for popular
coastal activities such as fishing, swimming, sightseeing, general
beach use, camping, and day use. Funding for the development of a
number of key coastal sites is critical at this time, particularly in
metropolitan areas where both the demand for and the deficiency of
recreational facilities is greatest.
(f) Cities, counties, and districts must exercise constant
vigilance to see that the parks, beaches, recreation areas and
recreational facilities, and historical resources they now have are
not lost to other uses; they should acquire additional lands as those
lands become available; they should take steps to improve the
facilities they now have; and they should adequately operate and
maintain their existing and proposed systems for the enjoyment of
present and future generations of persons of all income levels, all
ages, and all social groups.
(g) Past and current funding programs have not and cannot meet
present deficiencies. This condition has become more acute as a
result of restrictions on local governmental revenues. There is a
need to give priority to further recreational development that can
serve expanding recreational needs, produce operating revenues, and
in some cases stimulate private sector jobs. In view of the present
revenue shortages, and the increasing recreational demands, such a
priority is most important at this time.
(h) In view of the foregoing, the Legislature declares that an
aggressive, coordinated, funded program for meeting existing and
projected recreational demands must be implemented without delay.

5096.228. As used in this chapter, the following terms shall have
the following meanings:
(a) "Coastal resources" means those land and water areas within
the coastal zone, as defined in subdivisions (a) and (b) of Section
31006, and within the Santa Monica Mountains Zone, as described in
Section 33105, which are suitable for public park, beach, or
recreational purposes, including, but not limited to, areas of
historical significance and areas of open space that complement park,
beach, or recreational areas, or which are suitable for the
preservation of coastal resource values.
(b) "District" means any district authorized to provide park,
recreational, or open-space services, or a combination of those
services, except a school district.
(c) "Fund" means the Parklands Fund of 1984.
(d) "Historical resource" includes, but is not limited to, any
building, structure, site, area, or place which is historically or
archaeologically significant, or is significant in the architectural,
engineering, scientific, economic, agricultural, educational,
social, political, military, or cultural annals of California.
(e) "Historical resources preservation project" is a project
designed to preserve an historical resource which is either listed in
the National Register of Historic Places or is registered as either
a state historical landmark or point of historical interest pursuant
to Section 5021.
(f) "Inland resources" means those land and water areas not
included in the definition of coastal resources.
(g) "Program" means the Parklands Acquisition and Development
Program of 1984 established by this chapter.
(h) "Stewardship" means the development and implementation of
major programs for the protection, rehabilitation, restoration, and
enhancement of the basic natural systems and outstanding scenic
features of the state park system. It does not mean the maintenance
or alteration of facilities, developments, or of any physical
installations whose original purpose was not the protection of
natural and scenic resources.
(i) "Sacramento-San Joaquin Delta" means those land and water
areas defined in Section 12200 of the Water Code.

5096.229. (a) "District," as defined by subdivision (b) of Section
5096.228, includes a district agricultural association or a citrus
fruit fair which is authorized to provide park, recreational, or
open-space services, or a combination of those services, of a
character commonly provided by a recreation and park district, and
which provides those services for the general public on a year-round
basis.
(b) Park, recreational, or open-space services, or a combination
of those services, of a character commonly provided by a county parks
and recreation department, which are provided by a county fair for
the general public on a year-round basis, are eligible for a local
assistance grant pursuant to subdivision (a) of Section 5096.231 as a
county project.
(c) The Legislature hereby finds and declares that the provisions
of this section are declaratory of and in accord with existing law.