Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a)
Overview
The patterns of settlement in the Delta reflect the history
of immigration into the State in the late 19th century. The settlement pattern
was historically, and remains to this day, closely associated with the rivers,
sloughs, and waterways of the Delta, and with the configuration of agricultural
lands. One incorporated city, Isleton, and portions of other incorporated
cities including Stockton, Antioch, Oakley, Sacramento, West Sacramento, Elk
Grove, Tracy, Lathrop and Pittsburg, are located within or just outside of the
Secondary Zone; and Rio Vista is located partially within the Primary Zone, but
not within the Secondary Zone. Unincorporated towns lying along the Sacramento
River in the Primary Zone include Clarksburg, Courtland, Hood, Locke, Walnut
Grove, and Ryde. These towns serve as social and service centers for the
surrounding farms and historically served as shipping sites for products. These
rural communities reflect the diverse heritage of the Delta.
The five Delta counties (Solano, Yolo, Sacramento, San
Joaquin, and Contra Costa) designate Primary Zone lands for agriculture or
special Delta resources in their respective general plans. The zoning codes for
the five Delta counties allow a variety of uses in the Primary Zone including
agriculture and agriculturally-oriented uses; outdoor recreation; wildlife
habitat; public facilities; and limited areas for commercial, industrial, and
rural residential development.
The two Delta ports, Sacramento and Stockton, own hundreds of
acres of land along their respective shipping channels. Some of these lands are
used for dredge material disposal and some have been or will be used for
habitat mitigation sites.
Sherman Island, Twitchell Island, Staten Island, portions of
the Yolo Bypass (e.g., Vic Fazio Wildlife Area) and McCormack-Williamson Tract
are held as conservation lands and are currently operated as farmlands. A
number of conservation easements and mitigation banks will also be created
under local Habitat Conservation Plans and Natural Communities Conservation
Plans. Since 1990, urban and other land uses in the Secondary Zone have gained
substantial acreage while agricultural land use has declined. Other land uses
within the Secondary Zone include conservation areas, low-density rural
developments, natural areas not suitable for livestock grazing, and other
non-agricultural areas.
The periphery of the Delta is undergoing rapid urbanization
associated with substantial population growth. Current and future population
growth increases the demand for developable land, particularly in areas near
the Bay area, Stockton, and Sacramento. This demand results in the conversion
of open space, primarily agricultural land, to residential and commercial uses.
Increasing concern exists regarding the potential for urbanization and projects
in the secondary zone to impact the Primary Zone.
In addition to numerous local, national and international
factors affecting the profitability of farming in the Delta, the acquisition of
farmed land and subsequent retirement of that land affects the economic base
for farm support industries; the economic base for community businesses that
rely on patronage from citizens working in farm or farm support industries; the
tax and assessment base for special districts, counties, and the State; and the
existing wildlife use patterns that have adapted to agricultural land use
patterns.
(b) Goals
Protect the unique character and qualities of the Primary
Zone by preserving the cultural heritage, strong agricultural/economic base,
unique recreational resources, and biological diversity of the Primary Zone.
Direct new non-agriculturally oriented non-farmworker residential development
within the existing unincorporated towns (Walnut Grove, Clarksburg, Courtland,
Hood, Locke, and Ryde).
Encourage a critical mass of farms, agriculturally-related
businesses and supporting infrastructure to ensure the economic vitality of
agriculture within the Delta.
(c) Policies
(1) The rich cultural heritage and strong
agricultural/economic base, unique recreational resources, and biological
diversity of the Delta shall be preserved and recognized in public/private
facilities, such as museums, recreational trails, community parks, farm stands,
community centers, and water access facilities within the Delta.
(2) Local government general plans, as
defined in Government Code Section
65300 et
seq., and zoning codes shall continue to promote and facilitate agriculture and
agriculturally-supporting commercial and industrial uses as the primary land
uses in the Primary Zone; recreation and natural resources land uses shall be
supported in appropriate locations and where conflicts with agricultural land
uses or other beneficial uses can be minimized.
(3) New non-agriculturally oriented
residential, recreational, commercial, habitat, restoration, or industrial
development shall ensure that appropriate buffer areas are provided by those
proposing new development to prevent conflicts between any proposed use and
existing adjacent agricultural parcels. Buffers shall adequately protect
integrity of land for existing and future agricultural uses and shall not
include uses that conflict with agricultural operations on adjacent
agricultural lands. Appropriate buffer setbacks shall be determined in
consultation with local Agricultural Commissioners, and shall be based on
applicable general plan policies and criteria included in Right-to-Farm
Ordinances adopted by local jurisdictions.
(4) Direct new non-agriculturally oriented
non-farmworker residential development within the existing unincorporated towns
(Walnut Grove, Clarksburg, Courtland, Hood, Locke, and Ryde).
(5) Local government general plans shall
address criteria under which general plan amendments in the Primary Zone will
be evaluated under Public Resources Code Section
29763.5.
Proposed amendments to local government general plans for areas in the Primary
Zone shall be evaluated in terms of consistency of the overall goals and
policies of the Land Use and Resource Management Plan.
(6) Subsidence control shall be a key factor
in evaluating land use proposals. Encourage agricultural, land management,
recreational, and wildlife management practices that minimize subsidence of
peat soils. Local governments should utilize studies of agricultural and land
management methods that minimize subsidence and should assist in educating
landowners and managers as to the value of utilizing these methods.
(7) New structures shall be set back from
levees and areas that may be needed for future levee expansion consistent with
local reclamation district regulations and, upon adoption, with the
requirements to be identified in the California Department of Water Resources
Central Valley Flood Control Plan.
(8) Local government policies regarding
mitigation of adverse environmental impacts under the California Environmental
Quality Act may allow mitigation beyond county boundaries, if acceptable to
reviewing fish and wildlife agencies, and with approval of the recipient
jurisdiction, for example in approved mitigation banks or in the case of
agricultural loss to mitigation. Mitigation in the Primary Zone for loss of
agricultural lands in the Secondary Zone may be appropriate if the mitigation
program supports continued farming in the Primary Zone. California Government
Code Section
51256.3
(Assembly Bill 797) specifically allows an agricultural conservation easement
located within the Primary or Secondary Zone of the Delta to be related to
Williamson Act contract rescissions in any other portion of the secondary zone
without respect to County boundary limitations.
(9) The implementation of the policies
contained in the resource management plan shall not be achieved through the
exercise of the power of eminent domain unless requested by the
landowner.
(10) Maintain sites for
the storage of dredged material from channels within the Delta and discourage
the conversion of existing sites to other uses, as appropriate. Soil that is
suitable for levee rehabilitation and raising Delta lowlands should remain
within the Delta.
(11) Local
governments may develop programs to cluster residential units that allow
property owners to engage in limited property development in order to ensure
the efficient use and conservation of agricultural lands, support open space
values, and protect sensitive environmental areas in the Primary Zone.
Clustered development occurs when contiguous or non-contiguous parcels are
developed to cluster lots for residential use. The purpose of clustered
development is to provide a mechanism to preserve agricultural land and open
space, to locate housing in areas that can readily be served by public services
and utilities, and provide the agricultural community an alternative to
transfer of development rights. Clustered development programs shall ensure
that the number of clustered lots created does not exceed the allowable density
requirement for the zoning of the sum of the parcels. Clustered development may
only be used one time. Neither the clustered lots nor the remainder lots may be
further subdivided. Residential development shall be consistent with local
General Plan policies and zoning regulations and standards.
(12) Local governments may develop transfer
of development rights (TDR) programs that allow land owners to transfer the
development right from one parcel of land to another. The purpose of these TDR
programs would be to ensure the efficient use and conservation of agricultural
lands, to support open space values, and to protect sensitive environmental
areas within the Primary Zone. This purpose would be achieved by relocating
development rights within the Primary Zone to more suitable areas such as
adjacent to or within existing urban areas within or outside of the Primary
Zone, or to provide expanded opportunities for affordable farm worker housing.
TDR programs shall ensure that the transferred development density does not
exceed the development density identified for the zoning for the sending
parcel, and that any farm worker housing is restricted and regulated for that
purpose. The land upon which the development rights are transferred from would
be restricted with a permanent conservation easement. Receiving areas must have
the infrastructure capacity, public services and utilities to absorb the new
development.
(13) Support the
implementation of appropriately located agricultural labor camps and housing
that serve agricultural operations, which are constructed and sited consistent
with Sections
17021.5
and
17021.6
of the California Health and Safety Code and consistent with the requirements
of local building codes.
(14) The
conversion of an agricultural parcel, parcels, and/or an agricultural island
for water impoundment, including reservoirs, water conveyance or wetland
development may not result in the seepage of water onto or under the adjacent
parcel, parcels, and/or island. These conversions shall mitigate the risks and
adverse effects associated with seepage, levee stability, subsidence, and levee
erosion, and shall be consistent with the goals of this
Plan.
1. New section
filed 5-8-2001; operative 6-7-2001 (Register 2001, No. 19).
2.
Amendment filed 10-7-2010; operative 11-6-2010 (Register 2010, No.
41).
Note: Authority cited: Section
29752,
Public Resources Code. Reference: Sections
29760,
29763
and
29763.5,
Public Resources Code.