2007 California Public Resources Code Chapter 10. Urban American River Parkway Preservation

CA Codes (prc: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 December 11, 1985, by Resolution No. 85-1870, as
amended by the County of Sacramento on December 20, 1995, by
Resolution No. 95-1507, and by the City of Sacramento on March 25,
1986, by Resolution No. 86-225.
   (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 and the County
of Sacramento, enhance the image of the city 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 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 shall not be construed to 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 shall not be construed to 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 shall not be construed to prohibit the reasonable
expansion of the water treatment facility or sanitary landfill site
operated by the City of Sacramento.
   (4) This chapter shall not be construed to 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 shall not be construed to affect the exercise of
existing water rights.



5842.5.  (a) Notwithstanding any other provision of law, the
American River Parkway Plan adopted by the Legislature pursuant to
Section 5842 shall be amended to permit in-line skating on the
American River Parkway on a trial basis until January 1, 2001, under
any terms and conditions that may be established by the Board of
Supervisors of the County of Sacramento and the City Council of the
City of Sacramento.
   (b) The Sacramento County Department of Parks and Recreation shall
monitor the trial period for in-line skating in the parkway
authorized pursuant to subdivision (a) and shall report its findings
to the Board of Supervisors of the County of Sacramento and City
Council of the City of Sacramento prior to December 1, 2000.
   (c) If the board of supervisors and the city council determine, on
or after December 1, 2000, that the trial period was successful,
in-line skating may be added to the list of permitted recreational
uses for the parkway on a permanent basis upon the approval of the
board of supervisors and the city council.



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.