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PRC Sec 5001-5019.5 State Park System (STATE PARKS AND MONUMENTS)
PUBLIC RESOURCES CODE
5001. The Department of Parks and Recreation has control of the
state park system.
5001.1. As used in this division, "department" means the Department
of Parks and Recreation and "director" means the Director of Parks
5001.4. The department may manage state marine reserves, state
marine parks, state marine conservation areas, state marine cultural
preservation areas, state marine recreational management areas and,
if requested by the State Water Resources Control Board, state water
quality protection areas. Department authority over units within the
state park system shall extend to units of the state MMAs system
that are managed by the department.
5001.5. Whenever any reference is made to the state park system
with respect to a duty, power, purpose, responsibility, or
jurisdiction that can be exercised or carried out within the state
vehicular recreation areas, it shall be deemed to be also a reference
to, and to mean, the state vehicular recreation areas.
5001.6. (a) Notwithstanding Section 5001.95, units of the state
park system may be located within, and be a part of, a state
seashore. However, the unit shall be managed in accordance with its
classification as provided in Section 5019.62.
(b) The following state seashores are hereby established
consisting of appropriate coastal lands described in this subdivision
together with any other lands that may, from time to time, be
acquired by the state as an addition to these state seashores:
(1) Del Norte State Seashore, consisting of lands lying between
Pyramid Point and Point Saint George, particularly lands to assure
public access to, and scenic protection of, Pyramid Point; beach and
dune lands, water-bottom and shoreline lands at Lake Earl, including
Lake Talawa, all within Del Norte County.
(2) Clem Miller State Seashore, consisting of lands extending from
the mouth of the Eel River to Pudding Creek at Fort Bragg, and
including lands at Bear Harbor, Usal Creek, Cottoneva Creek, shore
and upland additions to Westport-Union Landing State Beach, DeHaven
Creek uplands, Ten Mile River estuary, and MacKerricher State Park,
all within Humboldt and Mendocino Counties.
(3) Mendocino Coast State Seashore, consisting of lands extending
from Jughandle Creek to the Gualala River, and including the Pygmy
Forest Ecological Staircase, Russian Gulch State Park, Mendocino
Headlands State Park, Van Damme State Park, Greenwood Creek Beach,
Bowling Ball Beach and the Gualala River shoreline and estuary, all
within Mendocino County.
(4) Sonoma Coast State Seashore, consisting of lands extending
from the Gualala River to Bodega Head, and including the Kruse
Rhododendron State Reserve, Salt Point State Park, Fort Ross State
Historic Park, and Sonoma Coast State Beach, all within Sonoma
(5) Ano Nuevo State Seashore, consisting of lands extending from
Pillar Point to the City of Santa Cruz, and including the San Mateo
Coast State Beaches, Ano Nuevo State Reserve, Big Basin Redwoods
State Park, and Natural Bridges State Beach, all within San Mateo and
Santa Cruz Counties.
(6) (A) Monterey Bay State Seashore, consisting of lands extending
from Natural Bridges State Beach south to Point Joe, including
Lighthouse Fields, Twin Lakes, New Brighton State Beach, Seacliff,
Manresa, Sunset, Zmudowski, Moss Landing, Salinas River, Marina,
Monterey, and Asilomar, all within Santa Cruz and Monterey Counties.
(B) The department may establish a recreational trail system
within the boundaries of the Monterey Bay State Seashore that is to
be dedicated as the Sam Farr Recreational Trail System.
(7) San Luis Obispo State Seashore, consisting of lands extending
from Cayucos to Lion's Head and including Cayucos State Beach, Morro
Strand State Beach, Atascadero State Beach, Morro Bay State Park,
Montana de Oro State Park, Avila State Beach, Pismo State Beach,
Pismo Dunes State Vehicular Recreation Area and Point Sal State
Beach, all within San Luis Obispo and Santa Barbara Counties.
(8) Santa Barbara Coast State Seashore, consisting of lands
extending from Gaviota to Las Llagas Canyon, and including Gaviota
State Park, Refugio State Beach, and El Capitan State Beach, all
within Santa Barbara County.
(9) Point Mugu State Seashore, consisting of lands extending from
Ormond Beach to San Nicholas Canyon, and including Mugu Lagoon, Point
Mugu State Park, and Leo Carrillo State Beach, all within Ventura
and Los Angeles Counties.
(10) Capistrano Coast State Seashore, consisting of lands
extending from Newport Beach to San Mateo Point, and including Corona
Del Mar State Beach, Irvine Coast, Doheny State Beach, and San
Clemente State Beach, all within Orange County.
(11) (A) San Diego Coast State Seashore, consisting of lands
extending from San Onofre State Beach to La Jolla, and including San
Onofre State Beach, Carlsbad State Beach, Robert C. Frazee State
Beach, South Carlsbad State Beach, Leucadia State Beach, Moonlight
State Beach, San Elijo State Beach, Cardiff State Beach, Torrey Pines
State Beach, and Torrey Pines State Reserve, all within San Diego
(B) That section of Carlsbad State Beach within the San Diego
Coast State Seashore that is located north of Agua-Hedionda Lagoon is
hereby renamed Robert C. Frazee State Beach.
(c) The department shall determine the precise boundaries of each
state seashore, may revise those boundaries from time to time, and
shall identify additional lands appropriate for inclusion in state
(d) Section 5019.62 does not apply to lands lying within the
boundaries of state seashores established pursuant to this section
until those lands have been acquired by the state and designated as
state park system lands that are a part of a state seashore.
5001.65. Commercial exploitation of resources in units of the state
park system is prohibited. However, slant or directional drilling
for oil or gas with the intent of extracting deposits underlying the
Tule Elk State Reserve in Kern County is permissible in accordance
with Section 6854. Commercial fishing is permissible, unless
otherwise restricted, in state marine conservation areas, state
marine cultural preservation areas, and state marine recreational
Qualified institutions and individuals shall be encouraged to
conduct nondestructive forms of scientific investigation within state
park system units, upon receiving prior approval of the director.
The taking of mineral specimens for recreational purposes from
state beaches, state recreation areas, or state vehicular recreation
areas is permitted upon receiving prior approval of the director.
5001.7. The landing of aircraft in units of the state park system
is subject to the following limitations:
(a) Airport facilities and services may be allowed in a unit of
the state park system, other than a state wilderness, state reserve,
natural preserve, or cultural preserve, if the department determines
that it is desirable to expand visitor use of the unit and that the
location of such facilities and services is compatible with the
management of the unit in relation to its primary usage.
(b) Airport facilities and services shall be excluded from state
wilderness, state reserves, natural preserves, and cultural
preserves, and shall be excluded from any other unit of the state
park system where the department determines that the primary resource
value of the unit would be impaired by such facilities and services
or that a landing strip or flight patterns would not be compatible
with the recreation experience of other visitors.
5001.8. (a) The use of motor vehicles in units of the state park
system is subject to the following limitations:
(1) In state wildernesses, natural preserves, and cultural
preserves, use is prohibited.
(2) In state parks, state reserves, state beaches, wayside
campgrounds, and historical units, use is confined to paved areas and
other areas specifically designated and maintained for normal
ingress, egress, and parking.
(3) In state recreation areas, use is confined to specifically
designated and maintained roads and trails.
(b) The use of motor vehicles on lands in the state vehicular
recreation areas is confined to areas and routes designated for that
5001.9. (a) Any improvement existing within the state park system
as of January 1, 1979, which fails to comply with the provisions of
former Section 5001.5 as they read immediately prior to January 1,
1979, or Article 1.7 (commencing with Section 5019.50) of this
chapter shall not be expanded.
(b) No new facility may be developed in any unit of the state park
system unless it is compatible with the classification of the unit.
5001.95. No state park system unit, other than a state wilderness,
a natural preserve, or a cultural preserve, shall be located within
the boundaries of another state park system unit.
5001.96. Attendance at state park system units shall be held within
limits established by carrying capacity determined in accordance
with Section 5019.5.
5002. All parks, public camp grounds, monument sites, landmark
sites, and sites of historical interest established or acquired by
the State, or which are under its control, constitute the State Park
System except the sites and grounds known as the State Fair Grounds
in the City of Sacramento, and Balboa Park in the City of San Diego.
5002.1. Prior to the classification or reclassification of a unit
of the state park system into any of the categories specified in
Article 1.7 (commencing with Section 5019.50) of this chapter, the
department shall prepare an inventory of the unit's scenic, natural,
and cultural features, including, but not limited to, ecological,
archaeological, historical, and geological features. The inventory
shall be submitted by the department to the State Park and Recreation
Commission for its consideration when classifying or reclassifying a
5002.2. (a) Following classification or reclassification of a unit
by the State Park and Recreation Commission, and prior to the
development of any new facilities in any previously classified unit,
the department shall prepare a general plan or revise any existing
plan, as the case may be, for the unit.
The general plan shall consist of elements that will evaluate and
define the proposed land uses, facilities, concessions, operation of
the unit, any environmental impacts, and the management of resources,
and shall serve as a guide for the future development, management,
and operation of the unit.
The general plan constitutes a report on a project for the
purposes of Section 21100. The general plan for a unit shall be
submitted by the department to the State Park and Recreation
Commission for approval.
(b) The resource element of the general plan shall evaluate the
unit as a constituent of an ecological region and as a distinct
ecological entity, based upon historical and ecological research of
plant-animal and soil-geological relationships and shall contain a
declaration of purpose, setting forth specific long-range management
objectives for the unit consistent with the unit's classification
pursuant to Article 1.7 (commencing with Section 5019.50), and a
declaration of resource management policy, setting forth the precise
actions and limitations required for the achievement of the
objectives established in the declaration of purpose.
(c) Notwithstanding the requirements of subdivision (a), the
department is not required to prepare a general plan for a unit that
has no general plan or to revise an existing plan, as the case may
be, if the only development contemplated by the department consists
of the repair, replacement, or rehabilitation of an existing
facility; the construction of a temporary facility, so long as such
construction does not result in the permanent commitment of a
resource of the unit; any undertaking necessary for the protection of
public health or safety; or any emergency measure necessary for the
immediate protection of natural or cultural resources; or any
combination thereof at a single unit. Any development is subject to
the requirements of the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).
(d) Any general plan approved prior to July 1, 1972, may be used
as the basis for development if the director finds that there has
been no significant change in the resources of the unit since
approval of the plan and that the plan is compatible with current
policies governing development of the unit and the classification of
(e) Consistent with good planning and sound resource management,
the department shall, in discharging its responsibilities under this
section, attempt to make units of the state park system accessible
and usable by the general public at the earliest opportunity.
(f) The department may prepare a general plan which includes more
than one unit of the state park system for units which are in close
proximity to one another and which have similar resources and
recreational opportunities if that action will facilitate the
protection of public resources and public access to units of the
state park system.
5002.3. A public hearing shall be scheduled by the State Park and
Recreation Commission to consider each matter of classification or
reclassification of a unit and of approval of the department's
general plan for a unit. Notice of the hearing shall be posted in
plain sight at one or more places within the affected unit, published
in one or more newspapers of general circulation in each county
within which the affected unit is located, and mailed to every person
who has filed a request for notice of the hearing with the
commission. If the notice of hearing is published in a weekly
newspaper, it shall appear therein on at least two different days of
publication; and if in a newspaper published more often, there shall
be at least five days from the first to the last day of publication,
both days included. The content of the notice of hearing shall
substantially comply with the requirements of Section 11346.5 of the
Copies of the department's inventory of features, in the case of a
hearing on classification or reclassification, or copies of the
department's general plan, in the case of a hearing on approval of
the plans, shall be made available to the public at the department's
appropriate regional and district offices on the last date of
publication of the notice.
The hearing shall be held by the commission in, or within a radius
of 100 miles of, the City of San Diego, Los Angeles, San Francisco,
San Bernardino, Eureka, Redding, Fresno, Ukiah, Monterey, San Luis
Obispo, Santa Barbara, or Sacramento, whichever is closest to the
unit affected, not less than 30 days, nor more than 60 days, after
the last date of publication of the notice. The hearing shall be
conducted in the manner specified in Section 11346.8 of the
Government Code. The vote of each individual member of the
commission on each matter of classification or reclassification and
of approval of the department's general plan shall be recorded when
the final decision of the commission is announced.
5002.4. The department shall furnish a copy of the general plan for
any unit of the state park system for which a plan has been prepared
to any Member of the Legislature, upon request.
5002.45. (a) Notwithstanding any other provision of this article,
upon completion of the land transfer authorized in Section 6 of
Chapter 1234 of the Statutes of 1980, the department shall prepare a
general plan or revise any existing general plan, as the case may be,
for the Sinkyone Wilderness State Park. The plan shall also include
the leased property described in paragraph (2) of subdivision (c) of
Section 6 of that chapter.
(b) The general plan shall be as provided in Section 5002.2 and
shall also include all of the following:
(1) Provision for a system of recreational trails connected one to
another and to other recreational trails in the region.
(2) Provision for a system of nonmotorized transportation, at
least for those unable to hike long distances because of age or
disability. The department may contract for a privately owned and
operated system of horse-drawn carriages to be operated at no cost to
the state in order to provide this nonmotorized transportation.
(3) Provision for parking of motor vehicles at Usal and Low Gap or
elsewhere at the perimeter of or near the Sinkyone Wilderness State
Park. This may include patrolled parking areas on the perimeter of
or near the park or parking lots in nearby communities with shuttle
buses to the wilderness area, or both; in any case, the department
may charge fees not to exceed its actual costs.
(4) Provision for sportfishing. In addition, notwithstanding any
other provision of law, the commission may consider and authorize as
a part of the plan continuation of and regulation of hunting on the
limited basis traditional to the area, to the extent it does not
endanger human health or safety.
(5) Provision for the continuation and renewal of road easements
which existed on January 1, 1980, across the park, to the extent that
the roads are necessary to provide access to neighboring property.
(6) Provision for the maintenance and use of the existing
structure known as Needle Rock House as a visitor-serving or
interpretive facility or another use compatible with the preservation
of the wilderness environment.
(7) Provision for any restrictions on the use of existing county
roads within the park, which restrictions may be necessary to protect
human health or safety, natural resources, or wilderness values of
the park; and provision for posting of signs on those roads to notify
persons of road conditions.
(c) The department, in preparing or revising the general plan,
shall hold at least one public hearing in each of Mendocino and
(d) The State Park and Recreation Commission shall conduct at
least one public hearing at a location within a 100-mile radius of
the park to consider approval of the department's general plan.
Notice of the hearing, the availability of copies of the department's
general plan, and the conduct of the hearing shall be in accordance
with Section 5002.3.
(e) The State Park and Recreation Commission shall evaluate the
compatibility of continued use of existing roads with the proposed
uses of the park in the general plan adopted by the commission
pursuant to this section. However, no county road shall be closed
except with the concurrence of the board of supervisors of the county
in which it is located.
5002.5. The department may accept a gift of title to the Chinese
Taoist Temple in Hanford, Kings County, for the state park system in
the event such gift of title is offered to the department. Before
title to the Chinese Taoist Temple is offered and accepted pursuant
to this section, the department shall enter into an agreement with
either a local governmental entity or with a nonprofit organization
for the operation of the Chinese Taoist Temple as a unit of the state
park system and such agreement shall provide that all operating and
maintenance costs associated with the Chinese Taoist Temple shall be
at no cost to the state.
5002.6. (a) Notwithstanding any other provision of law, and upon
the adoption of a resolution of acceptance pursuant to subdivision
(h), the director shall grant to the County of Los Angeles, at no
cost to the county, in trust for the people of the State of
California, and subject to the conditions set forth in this section,
all of the rights, title, and interest of the State of California in
lands, and improvements thereon, generally described as follows, and
more particularly described in the deed:
(1) Parcel 1. Approximately 3.83 acres of unimproved land, known
as Las Tunas State Beach.
(2) Parcel 2. Approximately 31.21 acres of improved land, known
as Topanga State Beach.
(3) Parcel 3. Approximately 46.34 acres of improved land, being a
portion of Manhattan State Beach.
(4) Parcel 4. Approximately 26.03 acres of improved land, known
as Redondo State Beach.
(5) Parcel 5. Approximately 18.07 acres of improved land, known
as Royal Palms State Beach.
(6) Parcel 6. Approximately 30.64 acres of improved land, being a
portion of Point Dume State Beach.
(7) Parcel 7. Approximately 15.12 acres of unimproved land, known
as Dan Blocker State Beach, and that includes Latigo Shores.
(8) Parcel 8. Approximately 10.50 acres of improved land, being a
portion of Malibu Lagoon State Beach, known as Surf Rider Beach.
(b) (1) The grant in trust for the people of the State of
California made pursuant to subdivision (a) shall be made upon the
express condition that the County of Los Angeles shall use, operate,
and maintain the granted lands and improvements thereon for public
recreation and beach purposes in perpetuity, and shall comply with
all restrictions specified in each deed and prescribed in subdivision
(e). The county shall not make or permit any other use of the
granted lands and improvements. Any violation of this prohibition or
any violation of subdivision (e) shall constitute a breach of
conditions for purposes of paragraph (2) of this subdivision.
(2) Upon a material breach of any condition of a grant made
pursuant to this section which is determined by a court of competent
jurisdiction to have been made intentionally, the State of California
shall terminate the interest of the County of Los Angeles in the
granted lands and improvements pursuant to Chapter 5 (commencing with
Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil
Code. Upon exercise of the state's power of termination in
accordance with Section 885.050 of the Civil Code, all rights, title,
and interest of the County of Los Angeles in the granted lands and
improvements shall terminate and revert to, and rest in, the state,
and the county shall, within 30 days from the date of that judgment,
pay to the state an amount equal to funds received by the county
annually from the appropriation under schedule (a) of Item
3680-105-516 of the Budget Act of 1995 or from any subsequent
appropriation received from the state specifically for the operation
or maintenance of the granted lands and improvements. However, in no
event shall that payment exceed the sum of one million five hundred
thousand dollars ($1,500,000). The returned funds shall be deposited
in the State Parks and Recreation Fund.
(3) Notwithstanding Section 885.030 of the Civil Code, the state's
power of termination pursuant to paragraph (2) shall remain in
effect in perpetuity.
(c) Any operating agreement between the State of California and
the County of Los Angeles pertaining to any of the real property
described in subdivision (a), in existence at the time of the grant,
shall be terminated by operation of law upon the conveyance of the
real property to the County of Los Angeles.
(d) There is hereby excepted and reserved to the State of
California from the grants made pursuant to subdivision (a) all
mineral deposits, as defined in Section 6407, which lie below a depth
of 500 feet, without surface rights of entry.
(e) The transfer of all rights, title, and interest in the lands
and improvements described in subdivision (a) shall be subject to the
following restrictions, which shall be specified in each deed:
(1) (A) No new or expanded commercial development shall be allowed
on the granted real property.
(B) Any project for new or expanded noncommercial development on
the granted real property shall not exceed an estimated cost
limitation for each project of two hundred fifty thousand dollars
($250,000), as adjusted annually to reflect the California
Construction Index utilized by the Department of General Services.
Any authorization for new and expanded noncommercial development
shall be limited to projects that provide for the safety and
convenience of the general public in the use and enjoyment of, and
enhancement of, recreational and educational experiences, and shall
be consistent with the use, operation, and maintenance of the granted
lands and improvements as required pursuant to subdivision (b). The
expenditure of public funds for shoreline protective works shall
only be permitted for those protective works that the County of Los
Angeles determines are necessary for the protection of public
infrastructure or a public facility. For purposes of this
subparagraph, "project" means the whole of an action that constitutes
the entirety of the particular type of new construction, alteration,
or extension or betterment of an existing structure.
(C) Notwithstanding subparagraph (B), the deed for the conveyance
of Royal Palms State Beach shall contain a provision that allows for
the implementation of the state-approved local assistance grant
(project number SL-19-003) to the County of Los Angeles already
approved in the Budget Act of 1988 for noncommercial development to
rehabilitate the existing park infrastructure at that state beach.
(D) The estimated cost limitation specified in subparagraph (B)
shall not apply to the noncommercial projects necessary to bring
public accessways and public facilities into compliance with the
Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sec.
12101 et seq.). The limitation described in this subparagraph shall
not affect the restriction described in subparagraph (A) of paragraph
(1) of subdivision (e).
(2) The granted lands and improvements may not be subsequently
sold, transferred, or encumbered. For purposes of this section,
"encumber" includes, but is not limited to, mortgaging the property,
pledging the property as collateral, or any other transaction under
which the property would serve as security for borrowed funds. Any
lease of the granted lands or improvements shall only be consistent
with the public recreation and beach purposes of this section.
(f) As an alternative to the exercise of the power of termination
for a material breach of conditions, each condition set forth in this
section shall be enforceable as a covenant and equitable servitude
through injunction for specific performance issued by a court of
(g) On and after June 30, 1998, it is the intent of the
Legislature that any application by the County of Los Angeles Fire
Department to secure state funding support for boating safety and
enforcement on waters within the County of Los Angeles shall be given
priority consideration by the Legislature, unless an alternative
source of funding is secured prior to that date which serves the same
or similar purposes.
(h) This section shall become operative only if the Board of
Supervisors of the County of Los Angeles adopts a resolution
accepting the fee title grants, in trust for the people of the State
of California, in accordance with this section, of the lands and
improvements described in subdivision (a).
5003. The department shall administer, protect, develop, and
interpret the property under its jurisdiction for the use and
enjoyment of the public. Except as provided in Section 18930 of the
Health and Safety Code, the department may establish rules and
regulations not inconsistent with law for the government and
administration of the property under its jurisdiction. The
department may expend all moneys of the department, from whatever
source derived, for the care, protection, supervision, extension, and
improvement or development of the property under its jurisdiction.
5003.01. The Legislature hereby finds and declares that the East
Bay Regional Park District is contemplating the development of
extensive new marina facilities at the Robert W. Crown Memorial State
Beach and that the 20-year term authorized by law would be
insufficient to enable any concessionaire to amortize the type and
scale of improvements that the district would require the
concessionaire to make at the marina.
Accordingly, pursuant to subdivision (a) of Section 5080.18, the
term of a concession contract entered into by the East Bay Regional
Park District for the development and operation of a new marina at
the Robert W. Crown Memorial State Beach may be for a period not
exceeding 50 years ; provided, that the contract shall provide that
the rental rates be reviewed and adjusted every five years to reflect
market rates and conditions prevailing in the area in which the
concession is located.
5003.02.1. (a) The Legislature hereby finds and declares that the
department and the City of Grover Beach, in a joint project, are in
the process of entering into an operating agreement for the purpose
of negotiating a concession contract for the development of extensive
new facilities at Pismo Beach State Park, and that the standard,
20-year term is insufficient to enable the concessionaire to amortize
the type and scale of improvements that the department and the city
will require the concessionaire to make.
(b) The Legislature further finds and declares that approval of
commercial development at Pismo Beach State Park does not provide
precedent for commercial development in other units of the state park
system and is a one-time exception to Sections 5019.53 and 5080.03
by reason of the following circumstances:
(1) The general plan for the state park provides for the project.
(2) The site is located on the perimeter of the state park and
adjacent to State Route 1.
(3) The development will not impact the resources or the public's
use of the state park.
(4) The land proposed to be developed is suitable for commercial
(c) Pursuant to subdivision (a) of Section 5080.18, the term of
the concession contract entered into by the department and the City
of Grover Beach with a concessionaire for the development of new
facilities at Pismo Beach State Park may be for a period not to
exceed 50 years if the contract also provides that the rent be
reviewed and adjusted at least every five years to reflect market
rates and economic conditions prevailing in the area in which the
concession is located.
(d) No contract subject to this section may be advertised for bid,
negotiated, renegotiated, or amended in any material respect unless
the Legislature reviews and approves the proposed contract in the
annual Budget Act.
5003.03. (a) It is the intent of the Legislature, in enacting this
section, to provide for the acquisition, planning, and operation of a
state park project located on the east shore of the San Francisco
Bay. The state park project shall consist of a contiguous shoreline
park and bay trail along the east shore of the San Francisco Bay from
the Bay Bridge to the Marina Bay Trail in Richmond, serving as a
recreational facility within its natural setting developed in concert
with a public planning process agreeable to the state and the East
Bay Regional Park District.
(b) For purposes of this section, the following terms have the
(1) "Department" means the Department of Parks and Recreation.
(2) "District" means the East Bay Regional Park District.
(3) "Shoreline park" means a state park project as described in
(c) For the purpose of the acquisition, planning, and development
of the shoreline park, the district shall act as agent for the state
and, as the state's agent, shall have the authority to exercise all
of the district's powers for the purposes of acquiring, planning, and
developing the shoreline park. The district shall be reimbursed by
the state for any direct costs that the district incurs in carrying
out these activities, upon appropriation therefor by the Legislature.
By appointing the district as agent for the state, it is the intent
of the Legislature to direct the state and the district to act in an
expeditious manner towards the acquisition, planning, and
development of the shoreline park.
(d) The department and the district shall negotiate, in good
faith, an agreement specifying the activities necessary to accomplish
the acquisition, planning, and development of the shoreline park.
The agreement shall set forth the roles and responsibilities of the
district and the department. Upon execution of the agreement, the
remainder of the funds in Items 3790-490-742(2) and 3790-490-721(0.5)
of Section 2.00 of the Budget Act of 1992 shall be encumbered for
the purposes set forth in the agreement.
(e) All property interests acquired pursuant to this section shall
be held as a unit of the state park system.
(f) All costs associated with the appraisal and acquisition
process, including any costs necessary to test for the presence of
toxic wastes, hazardous wastes, or hazardous substances, shall come
from bond funds which have been designated for the shoreline park
(g) The district shall not assume any responsibility or liability
or costs associated with the necessary cleanup of any pollution or
remediation of other environmental problems that exist as of January
1, 1993, or that may thereafter arise, on any property acquired for
the shoreline park using state funds.
(h) The district, in consultation with the affected cities and
their citizens, shall develop, in accordance with its master plan
process, a land use development plan for the shoreline park, which,
upon completion, shall be submitted to the department for approval.
The land use development plan shall be consistent with the general
plans of the affected cities. The district and the department shall
utilize the 1982 Feasibility Study as the initial planning document
for the shoreline park, recognizing that the park shall be a
recreational facility harmonious with its natural setting.
(i) When a parcel of land is determined to be available for
acquisition for the shoreline park, the district shall notify the
department and the department shall expeditiously pursue through the
appropriate state process the release of the necessary funding for
the acquisition, including all related costs, from funds available
pursuant to subparagraph (I) of paragraph (1) of subdivision (b) of
(j) Upon completion of the acquisition and planning process, the
full remediation of any and all environmental problems, and provision
of funding for the development and operation and maintenance of the
park, the department and the district shall negotiate , in good
faith, a mutually acceptable agreement for the management and
operation of the shoreline park.
5003.05. Rules and regulations adopted pursuant to Section 5003
shall also apply on any granted or ungranted tidelands or submerged
lands abutting property of the department and used for recreational
purposes by members of the general public in conjunction with their
use of the department's property between the boundary of the lands
under the jurisdiction of the department and a line running parallel
to and 1,000 feet waterward of the ordinary high water mark, so long
as the rule or regulation being applied is not inconsistent with any
rule or regulation of any other public agency which is applicable to
those tide or submerged lands.
5003.06. (a) Notwithstanding any other provision of law, the
director may grant, in trust, and subject to the conditions set forth
in this section, all of the rights, title, and interest of the State
of California in all lands located within the boundaries of Durham
Ferry State Park, including any improvements on those lands, to the
San Joaquin County Office of Education.
(b) The San Joaquin County Office of Education shall use and
maintain any lands, and any improvements thereon, that are granted to
the office pursuant to subdivision (a) only for park, recreational,
or educational purposes.
5003.1. The Legislature finds and declares that it is in the public
interest to permit hunting, fishing, swimming, trails, camping,
campsites, and rental vacation cabins in certain state recreation
areas, or portions thereof, when it is found by the State Park and
Recreation Commission that multiple use of state recreation areas
would not threaten the safety and welfare of other state recreation
area users. Hunting shall not be permitted in any unit now in the
state park system and officially opened to the public on or before
June 1, 1961, or in any unit hereafter acquired and designated by the
commission as a state park, state marine reserve, state marine park,
state reserve, state marine conservation area, or state marine
cultural preservation area, and may only be permitted in new
recreational areas and state marine recreational management areas
that are developed for that use.
Whenever hunting or fishing is permitted in a state recreation
area or state marine recreational management area, and whenever
fishing is permitted in a state park, state marine park, state marine
cultural preservation area, or state marine conservation area, the
Department of Fish and Game shall enforce hunting and fishing laws
and regulations as it does elsewhere in the state.
5003.10. (a) The department may convey, in trust for the
development, improvement, operation, and maintenance of trails, to
the County of San Mateo, for administration through its parks and
recreation department, all rights, title, and interest held or owned
by the state, including easements and rights-of-way, in real property
located in the County of San Mateo between La Honda Road (Route 84)
and Route 280, consisting of seven segments of land within the
California Hiking and Riding Trail, as follows:
(1) Tract #4, book 3890, page 616, file #7250-T, recorded
(2) Tract #9, book 1903, page 486, file #73287-I, recorded
(3) Tract #10, book 2648, page 547, file #85234-L, recorded
(4) Tract #11, book 1969, page 55, file #96904-I, recorded
(5) Tract #11A, book 2495, page 463, file #17524-L, recorded
(6) Tract #12, book 1995, page 5, file #6416-J, recorded 12/19/50.
(7) Tract #14, book 1904, page 667, file #73783-I, recorded
(8) Tract #15, book 2023, page 658, file #17905-J, recorded
(9) Tract #38, including a section of the trail that crosses
Skyline Boulevard and proceeds adjacent to the eastern right-of-way
line to Westborough Boulevard, where it again crosses Skyline
Boulevard and extends west to Malagra Ridge, and that was acquired
pursuant to a letter of permission issued by the State of California
that was secured on 2/11/60.
(b) The County of San Mateo may develop, improve, operate, and
maintain the real property conveyed pursuant to subdivision (a) as a
part of the county's trail system.
5003.12. The department may convey, in trust for the development,
improvement, operation, and maintenance of trails, to the
Midpeninsula Regional Open Space District all rights, title, and
interest held or owned by the state, including easements and
rights-of-way, in real property located in the County of San Mateo to
the west of, and parallel to, Skyline Boulevard (Route 35) between
Allen Road and Spanish Creek Road, south of La Honda Road (Route 84),
consisting of five segments of land within the California Hiking and
Riding Trail, as follows:
(a) Tract #17B, book 2518, page 221, file #27499, recorded
(b) Tract #18A, book 2509, page 42, file #23256-L, recorded
(c) Tract #19, book 2507, page 118, file #22328-L, recorded
(d) Tract #19A, book 3064, page 526, file #73082-H, recorded
(e) Tract #19B, book 2495, page 466, file #17525-L, recorded
5003.13. (a) The director may grant, in trust, an easement, subject
to an agreement reached between the department and the County of
Santa Cruz, of 420 feet of Aptos Creek Road as it extends northward
from Soquel Drive to the County of Santa Cruz for county road
purposes, if those uses include access for beach, park, and
(b) The County of Santa Cruz shall use and maintain any lands, and
any improvements thereon, that are granted to the county pursuant to
5003.14. (a) Notwithstanding any other provision of law, the
director may grant, in trust and subject to the conditions set forth
in this section, all of the rights, title, and interest of the State
of California in all lands located within the boundaries of the
Oxnard State Beach to the City of Oxnard in Ventura County.
(b)(1) The grant made pursuant to subdivision (a) shall not affect
the use or preservation of the beach lands, including the
preservation of the primary dune system within the boundaries of the
(2) The grant shall be made upon the following express conditions:
(A) The City of Oxnard shall use and maintain the beach lands, and
any improvements thereon, that are conveyed in the deed, for public
(B) Any improvements that are constructed or placed on the beach
lands after the date that the grant is made shall conform to the
Oxnard State Beach General Plan that was adopted pursuant to Section
(3) Upon a breach by the City of Oxnard, or its successors or
assigns, of any of the conditions upon which the grant is made, as
set forth in paragraph (2), all of the rights, title, and interest of
the City of Oxnard in the beach lands and improvements thereon shall
be terminated pursuant to the procedures prescribed in Chapter 5
(commencing with Section 885.010) of Title 5 of Part 2 of Division 2
of the Civil Code, and all rights, title, and interest in the beach
lands and improvements thereon shall revert to, and rest in, the
5003.15. The net proceeds of any sale made on behalf of the
department pursuant to Section 11011 of the Government Code of any
real property originally acquired for state park purposes, regardless
of whether that real property is under the jurisdiction of the
department, shall be deposited in the fund which was the original
source for the acquisition of the property and shall be available for
appropriation for the further extension, improvement, or development
of the state park system in accordance with the law governing that
fund. If the fund of origin is not in existence, or if the original
source for the acquisition was funds from the federal government for
park purposes or a donation of real property, the net proceeds shall
be deposited in the State Parks and Recreation Fund and shall be
available for appropriation for the further extension, improvement,
or development of the state park system. If the real property was
originally acquired with moneys appropriated from the General Fund,
the net proceeds shall be deposited in the unappropriated surplus of
the General Fund.
This section does not apply to the sale of any real property in
the state vehicular recreation areas.
5003.17. (a) The department may lease, for any use, all or any
portion of any parcel of real property acquired for state park system
purposes, if the director finds that the use would be compatible
with the use of the real property as a unit or part of a unit and
with the sound management and conservation of resources within the
(b) Rent shall be based on the fair market value of the property
when used for the purpose for which it is leased. All rent shall be
deposited pursuant to Section 5010.
(c) The lease term shall not exceed 10 years. All leases are
subject to the approval of the Department of General Services.
(d) No lease shall be entered into that extends beyond the 10-year
period unless the Legislature has reviewed and approved the proposed
lease as part of the annual budget process, or the Public Works
Board has determined that the proposed lease could not have been
presented to the Legislature for review and approval in the course of
its consideration of the Budget Bill and that it would be adverse to
the interests of the public to defer that review and approval to a
time when the Legislature next considers a Budget Bill. Upon making
that determination, the board may review and approve the proposed
lease after giving at least 20 days' written notice to the
Chairperson of the Joint Legislative Budget Committee and to the
chairperson of the fiscal and appropriate policy committees of its
intended action. All actions taken by the board pursuant to this
subdivision shall be reported to the Legislature in the next Governor'
5003.18. (a) The director may lease to the City of Los Angeles a
parcel, not to exceed 20 acres of unimproved real property situated
in the City of Los Angeles, that parcel being a portion of the
property owned by the department and commonly known as Taylor Yard.
(b) Notwithstanding subdivisions (b) and (c) of Section 5003.17,
the term of the lease shall be for a period not to exceed 25 years
and shall be without monetary consideration for use of the property,
except that the city shall fund the development and operation of the
park. The terms of the lease shall specify the nature of the city's
control of, and responsibility for the operation of, the parcel.
(c) The purpose of the lease shall be for the development and
operation by the city of a local park with regional benefits
containing and providing organized sports facilities that will
primarily serve the youth of the Los Angeles region.
(d) If the department determines that the city has failed to
develop a local park with regional benefits containing and providing
organized sports facilities within five years of execution of the
lease, the state shall have the right to terminate the lease.
(e) Notwithstanding subdivision (d) of Section 5003.17, the Public
Works Board shall review and approve the lease, and shall report any
action taken to the Legislature and the Governor.
(f) Upon one year's written notice from the city and upon the
state's written consent as granted pursuant to the state's sole
discretion, the lease may be extended for an additional 25 years
commencing on the first calendar day after the date set for
expiration of the lease. In exercising its discretion to extend the
term of the lease, the state may modify, add, or delete terms and
conditions of the lease, including a requirement for monetary
consideration for use of the property, as the state may determine to
be in the best interest of the state. Pursuant to subdivision (d) of
Section 5003.17, the Legislature shall review and approve any
extension of the lease.
(g) The lease, and any extension of the lease, pursuant to this
section shall require the city to comply with applicable stormwater
waste discharge requirements issued by the Los Angeles Regional Water
Quality Control Board and the State Water Resources Control Board.
(h) The City of Los Angeles may not use the lease as its match
when applying for grant funds under the Roberti-Z'Berg-Harris Urban
Open-Space and Recreation Program Act (Chapter 3.2 (commencing with
Section 5620)), or any other state grant funds, to develop Taylor
5003.2. Without limiting any statutory powers of the Department of
Parks and Recreation, real property which is in the control and
possession and under the jurisdiction of the Department of Parks and
Recreation shall be subject to the provisions of Division 3
(commencing with Section 11000), Title 2 of the Government Code that
relate to the disposition of state-owned real property.
Every transaction entered into pursuant to Division 3 (commencing
with Section 11000), Title 2 of the Government Code affecting such
real property, shall be subject to the approval of the Department of
Parks and Recreation.
5003.3. The State Park and Recreation Commission shall allow, in
accordance with Section 5003.1, waterfowl hunting annually from the
opening day of hunting season for ducks or geese, whichever is
earlier, to and including the closing day of this season, whichever
is later, as established by the Fish and Game Commission, in all of
Franks Tract State Recreation Area, except within 200 feet of or on
the 330 acre island known as the Little Franks Tract, which is
bounded on the south and west by Piper Slough, on the north by False
River, and on the east by the open water portion of Franks Tract
State Recreation Area. A map of the portions of Franks Tract State
Recreation Area open to hunting shall be available at the delta area
office at Brannan Island State Recreation Area for examination.
5003.35. Notwithstanding Section 5003.1, waterfowl hunting shall be
allowed at the Lake Earl and Lake Talawa project in accordance with
the existing interagency agreement with the Department of Fish and
Game and with regulations of the Fish and Game Commission governing
waterfowl hunting at the project. The agreement shall be extended
until such time as the project is classified as a unit of the state
5003.4. There shall be provided in each state park in which camping
is permitted those parking facilities for recreational vehicles, as
defined by Section 18010 of the Health and Safety Code, that can be
accommodated within the park consistent with the objective of
providing camping facilities for the public in these parks. In
addition, the Department of Parks and Recreation may install or
permit the installation of camping cabins, as defined by Section
18862.5 of the Health and Safety Code, within the units of the state
park system if installation of camping cabins is consistent with the
general plan of the unit.
5003.5. The department is authorized to provide means of ingress to
and egress from all state parks in order to provide ready access
thereto by the public and to provide means of ingress and egress to
highways and roads across state parks from lands separated from such (continued)