This chapter may be cited as the Bushy Lake Preservation Act.
Chapter 9Bushy Lake Preservation
Section § 5830
This section designates a specific chapter of laws as the Bushy Lake Preservation Act, establishing its official title for referencing.
Bushy Lake Preservation Act official title chapter name environmental protection land preservation California environmental laws nature conservation legislative chapter natural resource preservation
Section § 5831
This section defines terms related to specific geographic areas in the American River flood plain as of January 1, 1977. It explains the boundaries of the 'California Exposition flood plain,' 'Bushy Lake area,' and 'Bushy Lake' itself—including their locations and size depending on the season. It also describes which part of the American River is referred to as the 'Lower American River.'
As used in this chapter, unless the context clearly requires a different meaning:
(a)CA Public Resources Code § 5831(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)CA Public Resources Code § 5831(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)CA Public Resources Code § 5831(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)CA Public Resources Code § 5831(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.
California Exposition land American River flood plain Bushy Lake area flood plain boundaries Levee location State Highway Route 80 Bushy Lake size Lower American River Nimbus Dam Sacramento River confluence geographic definitions flood plain as of 1977
Section § 5832
This law section recognizes the lower American River as part of the California Wild and Scenic Rivers System, highlighting its unique scenic and recreational value. It acknowledges that Sacramento County and local cities have adopted a plan to protect the American River Parkway, a greenbelt area, from urban development. Additionally, the section points out a crucial riparian habitat within the floodplain, deemed essential by federal wildlife authorities for the ecosystem of the American River.
The Legislature finds and declares that:
(a)CA Public Resources Code § 5832(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)CA Public Resources Code § 5832(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)CA Public Resources Code § 5832(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.
American River Parkway Plan scenic rivers recreational values wildlife values urban encroachment prevention riparian habitat Sacramento County land use regulations flood plain California Exposition greenbelt protection wildlife service open-space greenbelt 2008 American River Parkway Plan habitat conservation
Section § 5833
The California Exposition and State Fair Board must maintain a designated flood plain area for public enjoyment, similar to a state park, while aligning with local plans like the American River Parkway Plan. During the State Fair, public and private parking can occur in a specific section of the flood plain. This allowed parking is limited to certain acres and specific days each year.
Exhibitor parking related to agricultural and equestrian events is also allowed under similar conditions. Furthermore, one acre of this space will be available for public activities, such as equestrian staging and trail connections, provided it doesn't interfere with the fair's parking needs.
A management agreement will be established to coordinate these uses, ensuring fair management of the space and aligning with existing plans. The total parking days allowed per year across these activities cannot exceed 34 days.
(a)CA Public Resources Code § 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)CA Public Resources Code § 5833(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)CA Public Resources Code § 5833(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)CA Public Resources Code § 5833(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.
California Exposition and State Fair flood plain preservation state park definition American River Parkway Plan Sacramento County General Plan parking during State Fair exhibitor parking agricultural events equestrian events Bushy Lake area public access equestrian staging trail connections walk-in boat access management agreement
Section § 5834
The California Exposition and State Fair Board of Directors are responsible for taking care of the Bushy Lake area. They can either do it themselves or work with the American River Parkway Manager to manage the area. They must follow certain rules and plans, like the American River Parkway Plan, to make sure everything is done correctly.
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.
California Exposition State Fair Board Bushy Lake management agreement American River Parkway land use designations American River Parkway Plan preservation responsibilities Section 5019.71 collaborative management natural resource management park area governance conservation policies public land management California Board duties
Section § 5835
This law specifies that there is no intention to ban or restrict the use, repair, or construction of key infrastructure such as highways, electric lines, sewage, and waterlines in the California Exposition floodplain. Additionally, it allows for the use of emergency and maintenance vehicles, as well as vehicles needed for parkway facility construction in the area.
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.
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