California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 3 - Regulations Governing Land Use and Resource Management in the Primary Zone of the Sacramento-San Joaquin Delta › Section 20060 - Land Use

Current through Register 2024 Notice Reg. No. 28, July 12, 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.