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State
California
PRC Sec 5096.141-5096.145 General Provisions CALIFORNIA PARKLANDS ACT OF 1980 (PARKS AND MONUMENTS)

PUBLIC RESOURCES CODE
SECTION 5096.141-5096.145





5096.141. This chapter shall be known and may be cited as the
California Parklands Act of 1980.



5096.142. 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 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, and restore areas for recreation,
conservation, and preservation and to aid local governments of the
state in acquiring, developing, and restoring such areas as will
contribute to the realization of the policy declared in this chapter.




5096.143. 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; 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) 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 acquisition 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. Development pressures in
urbanized areas threaten to preclude public acquisition of these key
remaining undeveloped coastal parcels unless these sites are acquired
in the near future.
(e) Increasing and often conflicting pressures on limited coastal
land and water areas, escalating costs for coastal land, and growing
coastal recreational demand require, as soon as possible, funding
for, and the acquisition of, land and water areas needed to meet
demands for coastal recreational opportunities, to implement
recommendations for acquisitions of the Coastal Plan prepared and
adopted in accordance with the requirements of the California Coastal
Zone Conservation Act of 1972, and to implement local coastal
programs required pursuant to the California Coastal Act of 1976.
(f) There is a pressing need to provide funding for a coordinated
state program designed to provide expanded public access to the
coast, to preserve prime coastal agricultural lands, and to restore
and enhance natural and manmade coastal environments pursuant to
activities of the State Coastal Conservancy undertaken pursuant to
Division 21 (commencing with Section 31000).
(g) 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 such
lands become available; they should take steps to improve the
facilities they now have.
(h) 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.
(i) 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.



5096.144. 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,
recreation, or open space services, or a combination of such
services, except a school district.
(c) "Fund" means the Parklands Fund of 1980.
(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) "Program" means the Parklands Acquisition and Development
Program established by this chapter.



5096.145. (a) "District," as defined by subdivision (b) of Section
5096.144, includes a district agricultural association or a citrus
fruit fair which is authorized to provide park, recreation, 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, recreation, or open-space services, or a combination of
those services, of a character commonly provided by a county parks
and recreation department, that 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 5096.151 as a
county project.
(c) The Legislature hereby finds and declares the provisions in
this section are declaratory of and in accord with existing law.