SECTIONS 5840-5843 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5840-5843

5840. This chapter shall be known and may be cited as the Urban
American River Parkway Preservation Act.

5841. (a) "American River Parkway Plan" means the revised, updated
management plans for the lower American River adopted by the County
of Sacramento on September 10, 2008, by Resolution No. 2008-0946, and
by the City of Sacramento on November 6, 2008, by Resolution No.
2008-731, and endorsed by the City of Rancho Cordova on September 15,
2008, by Resolution No. 110-2008.
(b) "Lower American River" means that portion of the American
River between Nimbus Dam and the confluence of the American River
with the Sacramento River and the adjacent lands as described in the
American River Parkway Plan.
(c) "American River Parkway" means the area described in the
American River Parkway Plan.

5841.5. (a) The American River Parkway and its environs contribute
to the quality of life within the City of Sacramento, the City of
Rancho Cordova, and the County of Sacramento, enhance the image of
the cities and the county as desirable places to live, provide for
the public safety and welfare of the community, and thereby
contribute to the economic well-being of the community.
(b) The lower American River serves as a floodway channel,
protecting the community from runoff, rainfall, and snowmelt.
(c) The lower American River sustains a myriad of fish
populations, including steelhead, king salmon, striped bass, shad,
and other fish and wildlife populations, which in turn annually
support millions of recreation user-days and commercial, scientific,
and educational uses and benefits.
(d) The recreation capacity of the American River Parkway is
immense, including such diverse activities as hiking, bicycling,
picnicking, birding, horseback riding, canoeing, kayaking, rafting,
sailing, and power cruising.
(e) It is essential that the function of the lower American River
and its environs, as a regional open-space resource within the center
of the City of Sacramento, the City of Rancho Cordova, and County of
Sacramento, be supported and maintained.
(f) Actions undertaken by a state agency can drastically affect
the American River Parkway and negate planning steps taken by
appropriate local agencies.
(g) Adoption of the American River Parkway Plan by the State of
California provides necessary recognition so that local planning
efforts are eligible to receive planning grants through the Land and
Water Conservation Fund, technical staff assistance through the
National Park Service, and financial assistance through the Soil
Conservation Service's Cooperative River Basin Planning Program.

5842. (a) The Legislature hereby adopts the American River Parkway
Plan so as to provide coordination with local agencies in the
protection and management of the diverse and valuable natural land,
water, native wildlife, and vegetation of the American River Parkway.
(b) Actions of state and local agencies with regard to land use
decisions shall be consistent with the American River Parkway Plan,
subject to the following provisions:
(1) This chapter does not impair the authority and
responsibilities of state or local public agencies in maintaining and
operating the flood channel, levees, and pump stations, except that
these operations, as nearly as practicable, shall be consistent with
the American River Parkway Plan.
(2) This chapter does not affect the existing authority of the
City of Sacramento to conduct or settle litigation involving the
validity or application of the American River Parkway Plan.
(3) This chapter does not prohibit the reasonable expansion of the
water treatment facility operated by the City of Sacramento.
(4) This chapter does not impair the authority and
responsibilities of state agencies in managing the California
Exposition flood plain or Bushy Lake area pursuant to Chapter 9
(commencing with Section 5830).
(5) This chapter does not affect the exercise of existing water
rights.
(c) Notwithstanding subdivision (a), the Legislature finds and
declares that Chapter 10 of the American River Parkway Plan, titled
Area Plans, which consists of maps, policies, and narrative, may be
amended through a local amendment process. However, Area Plans may be
amended only to the extent that they are not inconsistent with the
state-adopted Area Plan policies contained in Chapter 2 of the
American River Parkway Plan. The Legislature recognizes that
amendments to Area Plans shall be carried out by the Sacramento
County Board of Supervisors in accordance with the public hearing
process described in Chapter 11 of the American River Parkway Plan,
titled Implementation, and recognizes the roles and responsibilities
of public agencies set forth in the public hearing process including
coordination with the city councils of the Cities of Sacramento and
Rancho Cordova.

5843. It is the intent of the Legislature that the duties and
responsibilities provided for in this chapter be accomplished by
utilizing existing staff resources and that no additional funding be
provided other than that which is appropriated by the Legislature in
the annual Budget Act.