This chapter shall be known and may be cited as the Urban American River Parkway Preservation Act.
Chapter 10Urban American River Parkway Preservation
Section § 5840
This part of the law is called the Urban American River Parkway Preservation Act. It's essentially the official name for this set of regulations focused on preserving the Urban American River Parkway.
Urban American River Parkway Preservation Act parkway preservation urban conservation natural resources environmental protection river parkway urban environment California park conservation urban ecology parkway management river preservation outdoor recreation land conservation habitat conservation
Section § 5841
This law section defines terms related to the American River Parkway. The "American River Parkway Plan" refers to the management plans for the lower part of the American River adopted by the County and City of Sacramento, as well as the City of Rancho Cordova, in 2008. "Lower American River" is the portion between Nimbus Dam and where it meets the Sacramento River, including nearby lands. The "American River Parkway" is the area outlined in the Parkway Plan.
(a)CA Public Resources Code § 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)CA Public Resources Code § 5841(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)CA Public Resources Code § 5841(c) “American River Parkway” means the area described in the American River
Parkway Plan.
American River Parkway management plans Nimbus Dam Sacramento River lower American River County of Sacramento City of Sacramento City of Rancho Cordova American River Parkway Plan Resolution No. 2008-0946 Resolution No. 2008-731 Resolution No. 110-2008 adjacent lands 2008 adoption geographic area definition
Section § 5841.5
The American River Parkway is a vital part of the community in Sacramento, enhancing quality of life, public safety, and economic well-being. It's also an important flood channel, protecting the area from rainfall and snowmelt.
This area supports diverse fish and wildlife, contributing to recreation, science, and education with activities like hiking, cycling, and boating. It’s crucial to maintain this space as open nature within the city.
State agency actions can impact the parkway significantly, potentially undoing local planning efforts. The American River Parkway Plan is important for recognition, making local plans eligible for grants and assistance for conservation and development.
(a)CA Public Resources Code § 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)CA Public Resources Code § 5841.5(b) The lower American River serves as a floodway channel, protecting the community from runoff, rainfall, and snowmelt.
(c)CA Public Resources Code § 5841.5(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)CA Public Resources Code § 5841.5(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)CA Public Resources Code § 5841.5(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)CA Public Resources Code § 5841.5(f) Actions undertaken by a state agency can drastically affect the American River Parkway and negate planning steps taken by appropriate local agencies.
(g)CA Public Resources Code § 5841.5(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.
American River Parkway Sacramento City of Rancho Cordova economic wellbeing flood protection fish populations recreation activities open-space resource local planning planning grants Land and Water Conservation Fund National Park Service Soil Conservation Service regional resource environmental conservation
Section § 5842
This law adopts the American River Parkway Plan, aiming to coordinate state and local efforts to protect and manage the natural resources along the American River Parkway in California.
Government actions regarding land use must align with this plan, but there are certain exceptions: maintaining flood control systems, Sacramento's litigation rights, water facility expansion, state management of specific flood plain areas, and existing water rights are unaffected.
The law also allows amendments to local Area Plans as long as they don't conflict with state policies, with changes to be made through a process involving public hearings and coordination with relevant city councils.
(a)CA Public Resources Code § 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)CA Public Resources Code § 5842(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)CA Public Resources Code § 5842(b)(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)CA Public Resources Code § 5842(b)(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)CA Public Resources Code § 5842(b)(3) This chapter does not prohibit the reasonable expansion of the water treatment facility operated by the City of Sacramento.
(4)CA Public Resources Code § 5842(b)(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)CA Public Resources Code § 5842(b)(5) This chapter does not affect the exercise of existing water rights.
(c)CA Public Resources Code § 5842(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.
American River Parkway Plan land use decisions flood control authority City of Sacramento litigation rights water treatment facility expansion California Exposition flood plain Bushy Lake management existing water rights local amendment process Area Plans Sacramento County Board of Supervisors public hearing process coordination with city councils natural resource management
Section § 5843
This law section states that the Legislature wants tasks outlined in this chapter to be completed using existing staff and resources. It also specifies that no extra funding will be provided beyond what the Legislature allocates in the yearly Budget Act.
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.
Legislature intent existing staff resources no additional funding annual Budget Act budget allocation staff utilization resource management legislative appropriation fiscal responsibility government efficiency
