Loading (50 kb)...'

State
California
PRC Sec 5096.171-5096.178 Coastal Resources CALIFORNIA PARKLANDS ACT OF 1980 (PARKS AND MONUMENTS)

PUBLIC RESOURCES CODE
SECTION 5096.171-5096.178





5096.171. Funds available pursuant to subdivision (c) of Section
5096.151 shall be expended pursuant to this article.



5096.172. (a) Any Member of the Legislature, the California Coastal
Commission, the State Coastal Conservancy, the San Francisco Bay
Conservation and Development Commission, the State Park and
Recreation Commission, or the Secretary of the Resources Agency may
nominate, for study by the Department of Parks and Recreation, any
project within the coastal zone for acquisition with funds made
available for the state park system pursuant to category (1) of
subdivision (c) of Section 5096.151. Any of the commissions, and the
conservancy, shall make nominations by vote of its membership.
(b) The Department of Parks and Recreation shall study any project
so nominated. In addition to the procedures required by Section
5006, the Department of Parks and Recreation shall submit to the
Legislature annually a report consisting of a prioritized listing and
comparative evaluation of all projects nominated for study, in
accordance with the following schedule:
(1) March 1, 1981, for projects nominated prior to January 15,
1981.
(2) November 1, 1981, for projects nominated prior to June 30,
1981, and after January 15, 1981.
(3) November 1, 1982, and each November 1 thereafter for projects
nominated during the 12 months ending June 30, 1982, and each June 30
thereafter.
(c) In making the prioritized listing and comparative evaluation
of potential acquisition sites, the department shall adhere to the
following criteria and priorities:
(1) The first priority for the acquisition of coastal resources is
as follows:
(A) Land and water areas best suited to serve the recreational
needs of urban populations.
(B) Land and water areas of significant environmental importance,
such as habitat protection.
(2) The second priority for the acquisition of coastal resources
is as follows:
(A) Land for physical and visual access to the coastline where
public access opportunities are inadequate or could be impeded by
incompatible uses.
(B) Remaining areas of high recreational value.
(C) Areas proposed as a coastal reserve or preserve, including
areas that are or include restricted natural communities, including,
but not limited to, ecological areas that are scarce, involving only
a limited area; rare and endangered wildlife species habitat; rare
and endangered plant species range; specialized wildlife habitat;
outstanding representative natural communities; sites with
outstanding educational value; fragile or environmentally sensitive
resources; and wilderness or primitive areas. Areas meeting more
than one of these criteria may be considered as especially important.

(D) Highly scenic areas that are or include landscape preservation
projects; open areas identified as being of particular value in
providing visual contrast to urbanization, in preserving natural
landforms and significant vegetation, in providing attractive
transitions between natural and urbanized areas, or as scenic open
space; and scenic areas or historical districts designated by cities
and counties within the coastal zone.



5096.173. (a) The State Coastal Conservancy and the California
Coastal Commission shall prepare and adopt priorities, criteria, and
procedures for the disbursement and administration of grants of funds
made available pursuant to category (2) of subdivision (c) of
Section 5096.151 for the implementation of local coastal programs.
The procedures shall include provisions that will serve as an
incentive to local governments for timely submittal of their local
coastal programs, in accordance with the requirements of the
California Coastal Act of 1976 (Division 20 (commencing with Section
30000)).
(b) In consultation with the San Francisco Bay Conservation and
Development Commission, the State Coastal Conservancy shall prepare
and adopt priorities, criteria, and procedures for the disbursement
and administration of grants for the implementation of projects in
San Francisco Bay.
(c) In consultation with the Santa Monica Mountains Conservancy,
the State Coastal Conservancy shall prepare and adopt priorities,
criteria, and procedures for the disbursement and administration of
grants for the implementation of projects in the Santa Monica
Mountains Zone.
(d) The procedures required by this section shall specify the
categories of expenditures eligible for grants and shall include
procedures for the submittal, review, and approval of applications
and the disbursement of grant funds.



5096.174. (a) An application for a grant shall be submitted to the
State Coastal Conservancy for preliminary evaluation, review of
adequacy, and classification as a park, beach, coastal access, or
other project necessary to preserve coastal resource values.
(b) The minimum amount that may be applied for any individual
project is one thousand dollars ($1,000).
(c) Every application for a grant shall comply with the provisions
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000)).



5096.175. (a) After completing the evaluation, review, and
classification of an application, the State Coastal Conservancy shall
forward the application to the California Coastal Commission for a
determination as to its consistency with the approved land use plan
of the applicable local coastal program or to the San Francisco Bay
Conservation and Development Commission for a determination as to its
consistency with the San Francisco Bay Plan or the Suisun Marsh
Protection Plan.
(b) Applications which are determined by the California Coastal
Commission to be consistent with the approved land use plan of the
applicable local coastal program, or by the San Francisco Bay
Conservation and Development Commission to be consistent with the bay
or marsh plan, shall be returned to the State Coastal Conservancy
for the purpose of disbursing grants consistent with priorities and
criteria developed pursuant to Section 5096.173.
(c) Grants for projects in the Santa Monica Mountains Zone shall
be disbursed consistent with the provisions of Division 23
(commencing with Section 33000).



5096.176. Funds granted pursuant to category (2) of subdivision (c)
of Section 5096.151 may be expended for development, rehabilitation,
or restoration only on lands owned by, or subject to a lease or
other interest held by, the applicant city, county, or district. If
such lands are not owned by the applicant, the applicant shall first
demonstrate to the satisfaction of the Executive Officer of the State
Coastal Conservancy that the development, rehabilitation, or
restoration will provide benefits commensurate with the type and
duration of interest in land held by the applicant.



5096.177. No state grant funds may be disbursed until the applicant
agrees that any property acquired or developed with such funds shall
be used by the applicant only for the purpose for which the funds
were requested and that no other use of the property shall be
permitted except by specific act of the Legislature.



5096.178. (a) An amount, not to exceed nine hundred thousand
dollars ($900,000) in the aggregate, shall be available for
appropriation during the 1980-81, 1981-82, and 1982-83 fiscal years,
in amounts to be determined in each annual appropriation, from funds
available pursuant to category (2) of subdivision (c) of Section
5096.151, in the manner provided in Section 5096.206, to the State
Coastal Conservancy for expenditure for the administration of
Sections 5096.173 to 5096.177, inclusive; provided, however, that not
more than three hundred fifty thousand dollars ($350,000) may be
appropriated in any one such fiscal year.
(b) An amount, not to exceed five million dollars ($5,000,000) in
the aggregate shall be available for appropriation commencing with
the 1980-81 fiscal year from funds available pursuant to category (2)
of subdivision (c) of Section 5096.151, in the manner provided in
Section 5096.206, for projects in San Francisco Bay; and an amount,
not to exceed five million dollars ($5,000,000) in the aggregate,
shall be available, for projects in the Santa Monica Mountains Zone.