SECTIONS 5830-5835 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5830-5835

5830. This chapter may be cited as the Bushy Lake Preservation Act.

5831. As used in this chapter, unless the context clearly requires
a different meaning:
(a) "California Exposition flood plain" means that portion of
state-owned California Exposition land in the American River flood
plain as it exists on January 1, 1977.
(b) "Bushy Lake area" means that portion of the California
Exposition flood plain bounded by the continuous line enclosing Bushy
Lake, which line is 100 feet outside the 25-foot elevation contour
line as limited on the north side by the waterside toe of the levee
and as limited on the west side by a line 100 feet east of State
Highway Route 80 as it exists on January 1, 1977.
(c) "Bushy Lake" means a body of water in the Bushy Lake area with
approximately 11 acres of water surface in the summer and
approximately 80 acres in the winter.
(d) "Lower American River" means that portion of the American
River between Nimbus Dam and the confluence of the American River
with the Sacramento River.

5832. The Legislature finds and declares that:
(a) The lower American River is in the California Wild and Scenic
Rivers System as designated in subdivision (e) of Section 5093.54,
and has thus been determined by the Legislature as possessing
extraordinary scenic, recreational, fishery, and wildlife values.
(b) The County of Sacramento on September 10, 2008, by Resolution
No. 2008-0946, and the City of Sacramento on November 6, 2008, by
Resolution No. 2008-731, have adopted, and the City of Rancho Cordova
on September 15, 2008, by Resolution No. 110-2008, has endorsed, the
2008 American River Parkway Plan with promulgated land use
regulations to prevent urban and other incompatible encroachment into
the parkway, a 29-mile open-space greenbelt in the lower American
River flood plain.
(c) The California Exposition flood plain contains an unprotected
block of significant riparian habitat remaining in the lower American
River flood plain, and the United States Fish and Wildlife Service
has determined that this riparian habitat is of vital importance and
an integral part of the American River.

5833. (a) The California Exposition and State Fair Board of
Directors shall preserve, for public day use and enjoyment, the
California Exposition flood plain in a manner consistent with the
definition of a state park in accordance with Section 5019.53 and
consistent with the American River Parkway Plan, an element of the
Sacramento County General Plan. Notwithstanding the foregoing, the
parking of public and private vehicles may be permitted during the
State Fair and only on the flood plain land abutting the riverside
toe of the levee as it exists on January 1, 1977, on approximately 11
unsurfaced acres beginning at least 400 feet east of the Bushy Lake
area and extending not more than 1,500 feet along the toe of such
levee eastward of the Bushy Lake area and extending not more than a
distance of 300 feet riverward from such levee.
(b) The California Exposition and State Fair also may utilize the
area referenced in subdivision (a) for California Exposition
exhibitor parking related to agricultural and equestrian events
taking place on the California Exposition land in a livestock
pavilion, an equestrian arena, or both, if the livestock pavilion and
equestrian arena are sited as they were sited on April 1, 2009. The
total number of days that parking may be permitted under this
subdivision and subdivision (a) shall not exceed 34 days per year.
(c) In addition to the parking permitted by subdivisions (a) and
(b), one acre of the existing unsurfaced 11-acre parking area shall
be open to parkway users for public access to include equestrian
staging, connection to trails, and a new walk-in boat access point,
only if the California Exposition's exclusive use for parking on the
entire 11 unsurfaced acres during the State Fair as authorized in
subdivision (a) and for exhibitor parking related to agricultural and
equestrian events taking place at the California Exposition
livestock pavilion and equestrian arena, as authorized by subdivision
(b), is not impeded.
(d) The coordination and management of public parkway user access
and parking and the California Exposition's periodic exclusive use of
the unsurfaced 11-acre area for a period that shall not exceed 34
days per year, as specified in subdivisions (b) and (c), shall be
addressed in a management agreement between the American River
Parkway Manager and the California Exposition and State Fair. The
management agreement shall be consistent with this section.

5834. The California Exposition and State Fair Board of Directors
shall preserve and manage, or provide, pursuant to an agreement with
the American River Parkway Manager, for the management of, the Bushy
Lake area in accordance with Section 5019.71 and the land use
designations and policies of the American River Parkway Plan.

5835. In enacting this chapter, it is not the intent of the
Legislature to require removal, or preclude use, repair, or
additional construction of, highways, electric transmission lines,
sewage lines, or waterlines through the California Exposition flood
plain. Further, it is not the intent of the Legislature to preclude
the use of emergency vehicles, maintenance vehicles, or vehicles
necessary for the construction of parkway facilities.