Loading...
HomeMy WebLinkAboutMINUTES - 09191995 - SD5 TO: BOARD OF SUPERVISORS FROM: WATER COMMITTEE ..�/ Contra Supervisor Gayle Bishop, Chair Costa Supervisor Tom Torlakson DATE: September 19, 1995 SUBJECT: REPORT ON DELTA PROTECTION COMMISSION LAND USE AND RESOURCE MANAGEMENT PLAN FOR THE DELTA SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accept report responding to the Delta Protection Commission in compliance with the Delta Protection Act of 1992 and the Commission's Land Use and Resource Management Plan for the Delta. REASON FOR RECOMMENDATION/BACKGROUND In 1992, Senator Patrick Johnson sponsored and Governor Wilson approved the Delta Protection Act of 1992. This act created a 19-member Commission comprised of local state and federal agencies and organizations charged with the responsibility of creating a Management Plan for the Delta. The plan embodies the need to protect wetlands and agricultural use of the Delta, while promoting recreational use and discouraging development. The Commission completed its report, approving the Plan on February 23, 1995, in turn requiring a response indicating General Plan consistency from the 5 Delta Counties by August 22, 1995. The Counties responses detail how each respective General Plan would be amended to establish consistency with the Delta Plan for the area designated as the Primary Management Zone of the Delta. The Primary Management Zone is a core area of the Delta which avoids most developed areas on the Delta periphery. Contra Costa County's Report to the Commission responds to each recommendation and policy contained in the Delta Plan by documenting relevant General Plan Policy. Both Plans are quite compatible, because in Contra Costa County, the Primary Zone lies primarily outside of the Urban Limit Line. Therefore, General Plan Amendments for specific policy components are not recommended at this time, with one exception. Policy regarding transmission line corridors was deemed to be of sufficient importance to warrant special attention. A blanket Amendment indicating need to consider and be consistent with the Delta.Plan was recommended by staff to cover requirements of the Delta Protection Act. With the Commission's concurrence, the County will have 180 days to amend the General Plan. The Board's Water Committee reviewed the Report and agrees with staff findings. CONTINUED ON ATTACHMENT: _YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): � 65 Super isor Gayle Bish , Chair Supervisor Tom Torlakson ACTION OF BOARD ON S--APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS TE UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (510) 646-2071 ATTESTED ,v,, J",j cc: Community Development Department PHILABATCHELOR, CLERK OF THE County Counsel BOARD OF SUPERVISORS AND Environmental Health, Health Services Dept. COUNTY ADMINISTRATOR BY: , DEPUTY RG:rw RRG3:9-19WC 1.6bd s , Community Contra Harvey E.of ommu n Director of Community Development Development Costa- Department County County Administration Building 651 Pine Street 4th Floor, North Wing Martinez, California 945530095 Phone: � �< August 22, 1995 Ms Margit Aramburu Executive Director Delta Protection Commission P.O. Box 530 Walnut Grove, CA Dear Ms . Aramburu: Attached is Contra Costa County's submittal indicating General Plan consistency with the Delta Protection Commission's Land Use and Resource Management Plan for the Primary Zone of the Delta, in accordance with the Delta Protection Act of 1992 . The County's submittal consists of a proposed General Plan Amendment, detail establishing General Plan consistency, and maps illustrating County land use, Urban Limit Line and the Commission's Primary Management Zone. The Board of Supervisors' Water Committee has reviewed this submittal and will recommend adoption to the full Board in September, 1995. Thank you for your comments on the County's draft response to the Commission. The attached is being directed to you in order to address the questions posed in your August 4 , 1995 comments on our draft submittal . As you requested, the County will propose an amendment (attached) , to the County General Plan which will require consistency with and consultation of the Delta Plan before land use decisions are made. Maps of the County Urban Limit line, and the Primary Management Zone, with County Land Use and Zoning designations are included as part of our submittal, as requested. We agree with you that the County General Plan and your Delta Plan are very similar, as the attached report details. As illustrated on the attached maps, the bulk of County area within the Primary Management Zone (PMZ) is in the Delta Recreation Land Use, with two small areas in Agriculture. Delta Recreation Land Use has a 20-acre minimum parcel size, and Agricultural lands within the PMZ are 5-acre minimum parcel size, with an established pattern of ranchette-type use. Agricultural areas deemed priority lands for continuation of intensive agricultural uses (prime soil areas with much larger minimum parcel size) lie to the south and west of the PMZ . Existing uses are well established within the PMZ, with little or no development potential , having been located t outside of the County's Urban Limit Line, which was established prior to the Delta Protection Commission's Primary Management Zone. A great deal of General Plan policy has been dedicated to this issue, and is listed in our submittal, in response to Agricultural Policy P-6 and P-9 . Contra Costa County has had informal policy relative to the positioning of electric transmission lines within existing transmission line corridors, rather than in new areas . The proposed General Plan Amendment described above (and attached) will include and formalize this policy, requiring mitigation of transmission line impacts within the same area. In response to your question relative to County policy on biosolids, it is important to note that Contra Costa County has had longstanding policy encouraging maximization of reclaimed (or recycled) water. Ordinances encouraging water re-use in residential dual water systems for landscape purposes and use of recycled water in industrial processes are in place. During drought periods, an interim ordinance requiring construction uses to utilize reclaimed water for dust control and compaction was also adopted by the County. Regarding the biosolids issue, no County ordinance currently exists governing use of biosolids, although use of an ordinance as a permit mechanism has been considered by the Board of Supervisors . Past policy has indicated use of treated wastewater and sewage sludge as a fairly simple permit process on agricultural lands, through a Land Use Permit. Application of other biosolids may have required permits for a recycling or disposal facility, dependant upon biosolid constituents and intended use. The County is not advocating any change to the General Plan specific to biosolids, due to current legal challenges which may or may not result in a change in the Commission's policy. Again, the proposed General Plan Amendment mentioned above would require consistency and consultation with the Delta Plan prior to County Planning decisions being made. If you have further questions, please contact Roberta Goulart of my staff at (510) 646-2071, or Jim Cutler at (510) 646-2034 . Since ely, vey ragdon recto t PROPOSED AMENDMENT TO THE COUNTY GENERAL PLAN The County staff shall seek to amend the County General Plan on Page 3-51 of the Land Use Element, under Policies For The East County Area, which would read: "The County will consider the Land Use and Resource Management Plan for the Primary Zone of the Delta when reviewing land development applications in the Primary Zone of the Delta as defined by Public Resources Code Section 21080 .22 and Division 19 . 5 . " The County staff shall seek to amend the County General Plan on page 3-50 of the Land Use Element under Community Identity and Urban Design, to add a policy on power transmission lines . It will read: "Where new electrical transmission lines are proposed, they should be developed parallel to existing transmission lines to the extent feasible. Mitigation of the environmental impacts of building these facilities should be in close proximity to the area of impact. " Submittal to the Delta Protection Commission Demonstrating Consistency of the Contra Costa County General Plan with the Land Use and Resource Management Plan for the • Primary Zone of the Delta prepared by: Contra Costa County Community Development Department 651 Pine St. North Wing, 4th Floor Martinez, CA 94553-0095 (510) 646-2071 Submitted August 22, 1995 � 1 � 1 INTRODUCTION As required by the Delta Protection Act, local jurisdictions must have plans that are consistent with the Local Use and Resource Management Plan for the Primary Zone of the Delta ("Delta Plan"), which was adopted by the Delta Protection Commission on.February 23, 1995. By August 22, 1995 each local jurisdiction must submit to the Delta Protection Commission any proposed General Plan amendment which may be required to make the Plan consistent with the Delta Plan. Contra Costa County is submitting a General Plan Amendment at this time, despite the fact that the plans are generally consistent, to enable consultation and consistency with the Delta Plan as a matter of course. In cases where exact consistency between Delta Plan policies and County General Plan policies have not been identified, goals and/or implementation measures contained in the general plan are referenced. While Goals tend to be broader and more general than Policies, Implementation Measures tend to be more specific and are not found in a policy plan. The County's general plan policies deal with the entirety of Contra Costa County and do not deal with the smaller, more specific area of the Primary Zone as defined in the Delta Protection Act. For this reason, where Delta Plan policies are specific, general plan policies do not specifically reference the primary or secondary agricultural areas, and tend to be more generic in nature. Also, it should be noted that under certain circumstances the Delta Protection Commission policies and recommendations are much broader in context than the County's authority. Such policies and recommendations may also contain many sentences referencing different aspects of an issue, different issues, and/or provide background on these issues. For that reason several County plan policies may be referenced to demonstrate General Plan consistency with one Delta Plan policy or recommendation. The format of county staff's "Comparison of the Delta Plan and Contra Costa County General Plan" identifies the following (in sequential order) . * The Delta Plan policy (P-) or recommendation (R-) number/ the respective Delta Plan policy or recommendation in quotes; and * One or more indented paragraphs consisting of the following: The County General Plan page number/ the County General Plan goal, policy or implementation measure number/ an outline of the respective County General Plan goal, policy, or implementation measure that deals with the subject Delta Plan policy or recommendation. The majority of the Delta Plan policies and recommendations also tend to be consistent with the County General Plan since the Delta area protected under the Delta Protection Act is located outside of the County Urban Limit Line (an integral feature of the general plan's Land Use Element) . The purpose of the Urban Limit Line, which was established upon the adoption of Measure C in 1990, is to ensure t preservation of identified non-urban agricultural, open space and other areas by establishing a line beyond which no urban land uses can be designated during the term of the General Plan. Since the Contra Costa County General plan is on file with commission staff, this should allow commission staff to see how these items are placed into context. 2 z ENVIRONMENT Environmental Policies: P-1. "The priority land use of areas of prime soil shall be agriculture. If commercial agriculture is no longer feasible due to subsidence or lack of adequate water supply or water quality, land uses which protect other beneficial uses of Delta resources, and which would not adversely affect agriculture on surrounding lands, or viability or cost of levee maintenance, , may be permitted. If temporarily taken out of agriculture production due to lack of adequate water supply or water quality, the land shall remain reinstateable to agricultural production for the future." CCC General Plan, page 8-60. The County considers Class I and II soils as "prime" or the very best soils for farming. , CCC General Plan, page 8-41, Policy 8-29. The County shall encourage keeping large contiguous areas of the County in agricultural production, as long as economically viable. CCC General Plan, page 8-42, Policy 8-32. Agriculture shall be protected to assure a balance in land use. • P-2. "Agricultural and land management practices shall minimize subsidence of peat soils. Local governments shall support study of agricultural methods which minimize subsidence and assist in educating landowners and managers as to the value of utilizing these methods." CCC General Plan, page 10-53, Policy 10-46. Whenever studies indicate subsidence is or may become a flood-threatening problem, the County should continue to monitor subsidence until flood protection is assured. CCC General Plan, page 8-64, Policy 8-68. Lands having a high erosion potential as identified in the soil survey shall require adequate erosion control methods for agricultural and other uses. P-3. "Lands managed primarily for wildlife habitat shall be managed to provide several inter-related habitats. Delta-wide habitat needs should be addressed in development of any wildlife habitat plan. Appropriate programs, such as "Coordinated Resource Management and Planning" and "Natural Community Conservation Planning" should ensure full participation by local government and property owner representatives." CCC General Plan, page 8-4, Policy 8-3. Areas important for the maintenance of natural vegetation and wildlife populations shall be preserved. CCC General Plan, page 8-26, Policy 8-9. Areas determined to contain significant ecological resources, particularly those containing endangered species, shall be maintained in their natural state and carefully regulated to the maximum legal extent. 3 i , 1 1 CCC General Plan, page 8-15, Policy 8-29. Existing vegetation and wildlife habitat areas shall be retained in the major open space areas sufficient for the maintenance of a healthy balance of wildlife populations. Programs have been initiated at the County level which address overal ecosystem management principles. Both Contra Costa and Alameda Counties are sponsoring a two county study of Biological Diversity in the region which will provide strategies for conservation. Environmental Recommendations: R-1. "Seasonal flooding should be carried out in a manner so as to minimize mosquito production. Deltawide guidelines outlining "best management practices" should be prepared and distributed to land managers." CCC General Plan, page 7-37, Implementation Measure 7-al. Integrated pest management methods which reduce or eliminate the use of pesticides for watercourse maintenance shall be encouraged. CCC General Plan, page 8-33, Implementation Measure 8-t. Eradication and control [of pests] is necessary to protect agricultural crops and Delta levees, or to prevent or control outbreak of plague in an area. • R-2. "Wildlife habitat on the islands should be of adequate size and configuration to provide significant wildlife habitat for birds, small mammals, and other Delta wildlife." CCC General Plan, page 8-29, Policy 8-15. Existing vegetation and wildlife habitat areas shall be retained in the major open space areas sufficient for the maintenance of a healthy balance of wildlife populations. R-3. "Undeveloped channel islands provide unique opportunities for permanent wildlife habitat in the Primary Zone. A strategy should be developed to encourage permanent protection and management of the channel islands. Protection may include: acquisition, conservation easements, or memoranda of understanding. Management may include: protection from erosion, controlling human access, or habitat management, such as planting native plants and removing exotic plants. Some larger, reclaimed channel islands may be suitable for mixed uses, such as recreation and habitat. Any development on channel islands must ensure long-term protection of the wildlife habitat." CCC General Plan, page 10-54, Policy 10-53. Development of a levee rehabilitation plan shall consider methods to foster riparian habitat to the fullest extent possible consistent with levee integrity. CCC General Plan, page 8-26/8-27, Policy 8-9. Areas determined to contain significant ecological resources, particularly those containing endangered species, shall be maintained in their natural state and 4 t carefully regulated to the maximum legal extent. R-4. "Feasible steps to protect and enhance aquatic habitat should be implemented as may be determined by resource agencies consistent with balancing other beneficial rises of Delta resources." CCC General Plan, page 10-54, Policy 10-52. Delta levees shall be rehabilitated and maintained to protect beneficial uses of the Delta and its water. Wetlands and marsh (nursery areas for fish) have been afforded special protection in the County General Plan in a variety of the following goals and policies: CCC General Plan, page 8-26, Goal 8-E. Rare, threatened, and endangered species of fish, wildlife and plants, significant plant communities, and other unique resources shall be protected. CCC General.Plan, page 8-26, Goal 8-F. The County should encourage the preservation and restoration of the natural characteristics of the San Francisco Bay/ Delta estuary. CCC General Plan, page 8-29, Policy 8-17. The ecological value of wetland areas shall be recognized and existing wetlands in the County shall be identified and regulated. CCC General Plan, page 8-30, Policy 8-25. The County shall protect marshes, wetlands, and riparian corridors from the effects of potential industrial spills. CCC General Plan, page 8-30, Policy 8-27. Seasonal wetlands in grassland areas of the County shall be identified and protected. Fisheries have also been afforded special protection and the focus of enhancement in the following policies: CCC General Plan, page 8-29, Policy 8-16. Native and/or sport fisheries shall be preserved and re-established in the streams within the County whereever possible. CCC General Plan, page 8-29, Policy 8-19. The County opposes all diversion projects until it has been demonstrated that water quality and fisheries will be preserved and enhanced. R-5. "Publicly-owned land should incorporate, to the maximum extent feasible, suitable and appropriate wildlife protection, restoration and enhancement as part of a Delta-wide plan for habitat management." Protection of ecologically significant lands and waterways, as well as 5 E a the protection of threatened and endangered species of fish, plants and wildlife are addressed in the following policies: CCC General Plan, page 8-26, Policy 8-6. Significant trees, natural vegetation, and wildlife populations generally shall be protected. CCC General Plan, page 8-26, Goal 8-D. Ecologically significant lands, wetlands, plant and wildlife habitats shall be protected. CCC General Plan, page 8-26, Goal 8-E. Rare, threatened, and endangered species of fish, wildlife and plants, significant plant communities, and other unique resources shall be protected. CCC General Plan, page 8-26, Goal 8-F. The County should encourage the preservation and restoration of the natural characteristics of the San Francisco Bay/ Delta estuary. CCC General Plan, page 8-26, Policy 8-8. Significant ecological resource areas in the County shall be identified for designation of low- intensity land uses, and setback zones established to assist in their protection. CCC General Plan, page 8-26/8-27, Policy 8-9. Areas determined to contain significant ecological resources, particularly those containing endangered species, shall be maintained in their natural state and regulated to the maximum legal extent. Acquisition of such properties by appropriate public agencies shall be encouraged within the County. CCC General Plan, page 8-29, Policy 8-13. Critical ecological and scenic characteristics of rangelands, woodlands, and wildlands shall be recognized and protected. The planting of native species vegetation is encouraged with the following policies: CCC General Plan, page 8-29, Policy 8-15. Both native and non-native vegetation, and wildlife habitat areas shall be retained sufficient for maintaining a healthy balance of wildlife populations. CCC General Plan, page 8-30, Policy 8-21. Planting of native vegetation shall be encouraged. R-6. "Management of suitable agricultural lands to maximize habitat values for migratory birds and other wildlife should be encouraged. Appropriate incentives, such as conservation easements, should be provided by non- profits or other entities to protect this seasonal habitat through donation or 6 t through purchase CCC General Plan, page 8-26, Policy 8-6. Significant trees, natural vegetation, and wildlife populations generally shall be protected. CCC General Plan, page 8-26/8-27, Policy 8-9. Areas determined to contain significant ecological resources, particularly those containing endangered species, shall be maintained in their natural state and carefully regulated to the maximum legal extent. R-7. "Lands currently managed for wildlife habitat, such as private duck clubs or publicly-owned wildlife areas, should be preserved and protected, particularly from destruction from inundation." CCC General Plan, page 10-50, Policy 10-34. Riparian habitat shall be protected [from inundation) by providing a cross section of channel suitable to carry the 100-year flow. CCC General Plan, page 10-53, Policy 10-49. Any development approvals for areas subject to subsidence shall include conditions which account for the need to strengthen weak and low levees prior to development. 7 UTILITIES AND INFRASTRUCTURE Utilities and Infrastructure Policies: P-1. "Impacts associated with construction of transmission lines and utilities can be mitigated by locating new construction in existing utility or transportation corridors, or along property lines, and by minimizing construction impacts. Before new transmission lines are constructed, the utility should determine if an existing line has available capacity. To minimize impacts on agricultural practices, utility lines shall follow edges of fields. Pipelines in utility corridors or existing rights-of-way shall be buried to avoid adverse impacts to terrestrial wildlife. Pipelines crossing agricultural areas shall be buried deep enough to avoid conflicts with normal agricultural or construction activities. Utilities shall be designed and constructed to minimize any detrimental effect on levee integrity or maintenance." CCC General Plan, page 10-50, Goal 10-H. The County shall mitigate the risk of flooding and hazards to life, health, structures, transportation, and utilities. CCC General Plan, page 10-33, Goal 10-B. Injuries and health risks resulting from the effects of earthquake ground shaking on utilities shall be reduced to a practical minimum. r CCC General Plan, page 8-26, Policy 8-7. Important wildlife habitats shall be preserved. CCC General Plan, page 10-65, Policy 10-70. Underground pipelines shall be encouraged to the greatest extent feasible to take advantage of the greater separation from the general public. CCC General Plan, page 10-65, Policy 10-67. New fuel pipelines shall not be routed through centers of population nor should they cross major disaster evacuation routes, to the greatest extent possible. P-2. "New houses built in the Delta agricultural areas shall continue to be served by independent potable water and wastewater treatment facilities. Uses which attract a substantial number of people to one area, including any expansions to the Delta communities, recreational facilities, or businesses, shall provide adequate infrastructure improvements or pay to expand existing facilities, and not overburden the existing limited community resources. New or expanded construction of wastewater disposal systems shall ensure highest feasible standards are met. Independent treatment facilities shall be monitored to ensure no cumulative adverse impact to groundwater supplies." CCC General Plan, page 8-43, Implementation Measure 8-w (4a & 4b) . The applicant must have an "on site" producing water well or install a "test well" that supplies water in compliance with state standards. The applicant shall also provide verifiable water availability data from adjacent parcels or knowledge of the same concerning water quality and 8 t quantity and have a statement that attaches and runs with the deed indicating that a water well shall be installed on the subject parcel. CCC General Plan, page 7-5, Policy 7-1. New development shall be required to pay its fair share of the cost of all existing public facilities it utilizes. CCC General Plan, page 7-5, Policy 7-2. New development should be required to pay costs of upgrading existing public facilities or constructing new facilities needed to serve development. P-3. "New sewage treatment facilities (including storage ponds) and areas for disposal of sewage effluent and sewage sludge shall not be located within the Delta Primary Zone." [Note: The Rio Vista project, as described in the adopted Final Environmental Impact Report for such project, and the Ironhouse Sanitary District use of Jersey Island for disposal of treated wastewater and biosolids are exempt from this policy. ) CCC General Plan, page 3-19. The County Urban Limit Line (ULL) which was designed through measure C restricts development outside this line, where the primary agricultural zone is situated. The County is not advocating any change to the General Plan specific to disposal of biosolids due to current legal challenges which may or may not" result in a change in the Commission's policy. However, the proposed Contra Costa County General Plan Amendment submitted to the Delta Protection Commission would require consistency and consultation with the Delta Plan prior to County Planning decisions being made. P-4. "High groundwater tables and subsiding soil make the Delta an inappropriate location for solid waste disposal. Generation of waste shall be minimized through recycling programs for metals, glass, paper, cardboard, and organic materials. Recycling depots for these material shall be located in central locations to serve Delta residents, visitors, and businesses." CCC General Plan, page 8-72, Policy 8-74. Watersheds and groundwater recharge areas shall be preserved by avoiding the placement of pollution sources in areas with high percolation. CCC General Plan, page 8-72, Policy 8-75. The quality of surface and groundwater resources shall be preserved and enhanced. CCC General Plan, page 7-57, Goal 7-AG. The amount of solid waste generated, and disposed of in landfills, shall be reduced. CCC General Plan, page 7-57, Goal 7-AH. As much waste as feasible shall be diverted from landfills through recovery and recycling. CCC General Plan, page 7-58, Policy 7-90. The County shall assume a leadership role in the development of a comprehensive program for solid waste resource recovery. 9 t CCC General Plan, page 7-58, Policy 7-92. Waste diversion from landfills due to resource recovery activities shall be subject to goals included in the County Solid Waste Management Plan. P-5. "Surface transportation in the Delta can be dangerous and congested. Roads within the Delta shall be maintained to serve the existing agricultural uses and supporting commercial uses, recreational users, and Delta residents. Where possible, commuter traffic and through traffic should be directed to surrounding highways and freeways, or minimized through programs which promote carpools, buses, or trains." CCC General Plan, page 5-24, Policy 5-10. All efforts to use alternative transportation systems to reduce peak period traffic congestion shall be encouraged. P-6. "Air transportation in the Delta shall be allowed to continue to serve Delta residents and agriculture-related businesses. Due to subsidence, transmission lines, high winds, fog, and high raptor and waterfowl use, the Primary Zone is not an appropriate location for new or expanded general aviation airports." CCC General Plan, page 3-19. The County Urban Limit Line restricts development outside this line. The primary agricultural zone is located outside this ULL. • P-7. "Operation of draw and swing bridges shall balance needs of land and water traffic. Commercial vessels and emergency road traffic shall have right-of- way over other traffic." CCC General Plan, page 5-24, Policy 5-10. All efforts to use alternative transportation systems to reduce peak period traffic congestion shall be encouraged. Utilities and Infrastructure Recommendations: R-1. "Railroad rights-of-way in and around the Delta should be protected as transportation corridors. Regional rail links between the Central Valley and the Bay Area should be developed for commuters as alternative transportation routes, thus removing traffic from Delta roadways." CCC General Plan, page 5-45, Goal 5-V. Existing rights-of-way in the County shall be protected for continued railroad use, utility corridors, roads, transit facilities, and other public purposes. CCC General Plan, page 5-46, Policy 5-72. Encroachments into railroad right- of-way by urban uses which would impact current rail operation shall be limited. CCC General Plan, page 5-46, Implementation Measure 5-ba. The acquisition of abandoned right-of-ways shall be encouraged for public purposes, such as transportation. 10 t CCC General Plan, page 5-46, Implementation Measure 5-bb. A general plan revision study to determine the best long term use of abandoned right-of-ways shall be encouraged. R-2. "Bridges provide critical links within the Delta. While bridges must be maintained to provide safe access across waterways, bridges should not be constructed so as to invite roadway expansion. Ferries should be maintained by public entities as long as they are economically viable. Public-private partnerships should be explored to offset costs of maintenance and operation. Hours of service may be curtailed and/or fees charged to non-residents." CCC General Plan, page 5-44, Policy 5-66. The continued use of existing ports and proprietary wharfs shall be encouraged. Financing decisions should be handled through the budgeting process and not through the general plan. R-3. "The existing commercial shipping channels should be maintained, and if determined to be environmentally and economically appropriate, deepened to meet modern shipping needs. Expanded use of shallow draft vessels, such as barges, should be explored as a transportation alternative to highways. Material excavated from the shipping channels should, if feasible, be used for maintenance of Delta levees or for wildlife habitat enhancement within the Delta and for other uses within the Delta." • CCC General Plan, page 5-44, Policy 5-69. The County shall advocate maintenance of deep water channels at a depth that keeps ocean vessel use viable. CCC General Plan, page 5-44, Implementation Measure 5-ax. The County shall work with appropriate agencies to ensure adequate deep water access is provided to industries along the shoreline. CCC General Plan, page 5-25, Policies 5-20/ 5-21. The use of alternative transportation systems and forms shall be encouraged to reduce peak period traffic. R-4. "Materials dredged from Delta channels should, if feasible, be stored at upland sites for reuse for levee maintenance and repair, and other feasible uses in the Delta. Impacts to wildlife caused by storage of dredged materials should be mitigated." CCC General Plan, page 10-54, Policy 10-53. In the development of a levee rehabilitation plan, methods to foster riparian habitat to the fullest extent possible with levee integrity shall be considered. CCC General Plan, page 8-43, Policy 8-46. Maintenance/ reconstruction of Delta levees shall be encouraged. R-5. "CalTrans should designate, through appropriate signage, those roadways which are used to transport agricultural equipment and other slow-moving vehicles." 11 1 This is directed to CALTRANS, not to a County. Contra Costa County has initiated its'own agricultural signage program. R-6. "Potable water supplies to serve Delta uses can be obtained from surface waters or groundwater. Development of groundwater wells should be monitored to ensure wells do not result in overdraft and possible intrusion of saline water into groundwater supplies." CCC General Plan, page 10-67, Policy 10-72. The County shall support local, regional, state, and federal government efforts to improve water quality. CCC General Plan, page 10-67, Implementation Measure 10-ag. Monitoring of groundwater shall be required. CCC General Plan, page 10-67, Policy 10-73. The County shall support water quality standards for importing areas that are adequate to protect public health. R-7. "Natural gas production will continue to be an important use of Delta resources. Structures needed for gas extraction should be consolidated to minimize displacement of agriculture and wildlife habitat. In compliance with existing laws, facilities no longer needed for gas extraction should be completely removed to allow restoration of agriculture or wildlife habitat uses. Counties should ensure that there are appropriate buffers between gas processing and storage facilities and residential and recreational uses to protect lives and property." CCC General Plan, page 8-66, Policy 8-69. Gas production shall be encouraged as a way to support agricultural viability of rural areas. CCC General Plan, page 8-66, Policy 8-70. New wells shall be reviewed and approved to minimize noise, aesthetic and public safety problems. CCC General Plan, page 8-66, Policy 8-71. Any impacts of oil and gas extraction on subsidence of land (i.e. in the Delta) should be investigated. CCC General Plan, page 8-66, Policy 8-72. New (gas) wells shall not be allowed to be drilled in wetland areas. CCC General Plan, page 8-66, Policy 8-73. The storage of gas in underground natural basins shall be preferred to above ground storage tanks, where safety can be assured. CCC General Plan, page 10-50, Policy 10-54. Pumping substantial quantities of water, oil, and gas in an area protected by levees is inconsistent with new major development approvals. CCC General Plan, page 10-65, Policy 10-68. Development should not take place in areas where they would be subject to safety hazards from oil and gas wells. 12 v R-8. "Utilities should be required to contribute a fair share to the cost of levee maintenance and other local services and should not result in a reduction of assessable acreage for reclamation districts." CCC General Plan, page 10-54, Policy 10-54. Agencies whose projects benefit from Delta levee protection, including, but not limited to utilities, such as PG&E, shall participate in funding Delta levee improvements and maintenance. • 13 1 1 LAND USE Land Use Policies: P-1. "The rich cultural heritage and strong agricultural base of the Delta shall be preserved and recognized in public/private facilities, such as museums within the existing communities." CCC General Plan, page 3-45, Policy 3-12/ 3-17. The preservation and buffering of agricultural land shall be encouraged along with the provision of opportunities for retaining, enhancing, and diversifying the cultural activities available to the County. P-2 "Local government General Plans and zoning codes shall continue to strongly promote agriculture as the primary land use in the Primary Zone; recreation land uses shall be supported in appropriate locations and where the recreation uses do not conflict with agricultural land uses or other beneficial uses, such as waterside habitat." CCC General Plan, page 8-41, Policy 8-29. The County shall encourage keeping large contiguous areas of the County in agricultural production, as long as economically viable. CCC G2neral Plan, page 3-45, Policy 3-10. The extension of urban services into agricultural areas located outside the ULL shall be generally discouraged. CCC General Plan, page 9-37, Policy 9-36. As a unique resource of state-wide importance, the Delta shall be developed for recreation use. CCC General Plan, page 8-42, Policy 8-32. Agriculture shall be protected to assure a balance in land use. "County plans and ordinances may support transfer of development rights, lot splits with no increase in density, and clustering to support long-term agricultural viability and open space values of the Primary Zone. Clustering is intended to support efficient use of agricultural lands, not to support new urban development in the Primary Zone. Local governments shall specifically indicate when, how, and why these options would be allowed in the Primary Zone." Minimum lot sizes are defined in the County General Plan: clustering is only allowed consistent with existing plan minimums. There are no clustering plans to implement a clustering program except for planning and zoning requirements on existing lot sizes. CCC General Plan, page 3-49, Implementation Measure 3-s. Standards and policies shall be designed and established to protect the economic viability of agricultural land which may include preservation agreements, conservation easements, clustering, and establishment of agricultural mitigation fees. 14 l P-3. "New residential, recreational, commercial, 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 agricultural use. Buffers shall adequately protect integrity of land for existing and future agricultural uses. Buffers may include berms and vegetation, as well as setbacks of 500 to 1,000 feet." CCC General Plan, page 8-42, Policy 8-34. Effective buffers between urban developments and land planned for agricultural uses shall be established. CCC General Plan, page 8-47, Implementation Measure 8-ai. Adequate setbacks are required for any non-agricultural structures located within or adjacent to cultivated agriculture. CCC General Plan, page 8-47, Implementation Measure 8-aj. Natural or constructed buffer shall be created between agricultural and urban land uses when a discretionary permit is sought within or adjacent to agricultural districts. P-4. "New non-agricultural residential development, if needed, shall be located within the existing Primary Zone communities where support infrastructure and flood protection are already provided." CCC General Plan, page 3-19. The County Urban Limit Line restricts urban development outside of this line. P-5. "Local government General Plans shall address criteria under which General Plan amendments in the Primary Zone will be evaluated. 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 program of the Delta Protection Commission." CCC General Plan, page 3-19. Measure C restricts general plan amendments for urban use outside the County Urban Limit Line. P-6. "Subsidence control shall be a key factor in evaluating land use proposals." CCC General Plan, page 10-50, Policy 10-36. On islands in East County, development shall not be allowed until a study is performed to resolve issues and determine appropriate locations for development. This study shall be a high priority for the County and should include an analysis of deep subsidence, among other tests. CCC General Plan, page 3-55, Policy 3-71. Subsidence (and other) impacts on wetlands for the Bethel Island area shall be adequately mitigated. CCC General Plan, page 10-50, Goal 10-H. The risk of flooding and other such hazards due to subsidence shall be mitigated. CCC General Plan, page 10-53, Policy 10-46. In the event that 15 t subsidence becomes a flood-threatening problem, the County should continue to monitor it until flood protection is assured. CCC General Plan, page 10-53, Policy 10-47. A substantial non- agricultural, residential population shall not be subjected to increased flood hazard due to subsidence. CCC General Plan, page 10-53, Policy 10-48. Low density development of lands subject to subsidence shall fully mitigate potential impacts of flooding based on the best available techniques. CCC General Plan, page 10-53, Policy 10-49. Development approvals for areas subject to subsidence shall include conditions which account for the need to support Delta reclamation and irrigation districts, and strenghthen weak and low levees prior to development. P-7. "Structures shall be set back from levees and areas which may be needed for future levee expansion." CCC General Plan, page 8-43, Policy 8-46. The maintenance/ reconstruction of Delta levees shall be encouraged. CCC General Plan, page 10-53, Policy 10-42. Habitable areas of structures near shore line and flood-prone areas shall be sited above the highest water level expected during the life of the project, or shall be protected by levees of an adequate design. CCC General Plan, page 10-53, Policy 10-43. Rights-of-way for levees protecting inland areas from tidal flooding shall be sufficiently wide on the upland side to allow for future levee widening to support additional levee height. P-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, for example in approved mitigation banks. 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." CCC General Plan, page 8-29, Policy 8-17. Restoration of degraded wetland areas shall be encouraged and supported whenever possible. CCC General Plan, page 3-19. The County Urban Limit Line restricts new development outside this line. CCC General Plan, page 8-32, Implementation Measure 8-m details county policy for wetlands mitigation. 16 P-9. "The implementation of the policies and recommendations contained in this Plan shall not be achieved through the exercise of the power of eminent domain unless requested by the landowner." The County can use eminent domain to implement its' general plan. This policy limits the Delta Protection Commission from the use of eminent domain and that is appropriate. Land Use Recommendations: R-1. "A program by non-profit groups or other appropriate entities should be developed to promote acquisition of wildlife and agricultural conservation easements on private lands with the goal of protecting agriculture and wildlife habitat in the Delta." CCC General Plan, page 8-29, Policy 8-15/ CCC General Plan, page 8- 33, Implementation Measure 8-q. Plans of appropriate public agencies to acquire privately-owned lands in order to provide habitat protection shall be encouraged for the maintenance of rare, threatened, and endangered species. CCC General Plan, page 8-26, Goal 8-D. Ecologically significant lands, wetlands, plant and wildlife habitats shall be protected. r CCC General Plan, page 8-26, Policy 8-E. Rare, threatened and endangered species of fish, wildlife and plants, significant plant communitities, and other unique resources shall be protected. R-2. "Public agencies and non-profit groups have or propose to purchase thousands of acres of agricultural lands to restore to wildlife habitat. The amount, type, and location of land identified to be enhanced for wildlife habitat should be studied by wildlife experts to determine goals for future acquisition and restoration. Lands acquired for wildlife habitat should also be evaluated for recreation, access, research and other needed uses in the Delta. Habitat restoration projects should not adversely impact surrounding agricultural practices. Public-private partnerships in management of public lands should be encouraged. Public agencies shall provide funds to replace lost tax base when land is removed from private ownership." CCC General Plan, page 8-28/8-29, Policy 8-10. Acquisition of the most ecologically sensitive properties within the County by appropriate public agencies shall be encouraged. R-3. "Multiple use of agricultural lands for commercial agriculture, wildlife habitat, and, if appropriate, recreational use, should be supported, and funding to offset management costs pursued from all possible sources. Public agencies shall provide funds to replace lost tax base when land is removed from private ownership." CCC General Plan, page 8-42, Policy 8-39. A full range of agriculturally-related uses shall be allowed and encouraged in 17 l � t agricultural areas. CCC General Plan, page 8-33, Implementation Measure 8-r. Wildlife habitat area shall be among the range of uses included in the Agricultural Preserve Program. R-4. "Because of the need to continually dredge the channels serving the two ports, it is essential to maintain spoil sites and not allow existing spoil sites to be converted to industrial or other uses which preclude or limit their use as a spoil sites." CCC General Plan, page 5-44, Policy 5-69. Deep water channels shall be maintained. CCC General Plan, page 5-44, Implementation Measure 5-ay. The County shall continue interaction with relevant agencies to ensure adequate deep water access. R-5. "To the extent possible, any development in the Secondary Zone should include an appropriate buffer zone to prevent impacts of such development on the lands in the Primary Zone. Local governments should consider needs of agriculture in determining such a buffer." CCC General Plan, page 8-42, Policy 8-34. Effective buffers between urban developments and land planned for agricultural uses shall be established. CCC General Plan, page 8-47, Implementation Measure 8-ai. Adequate setbacks are required for any non-agricultural structures located within or adjacent to cultivated agriculture. CCC General Plan, page 8-47, Implementation Measure 8-aj. Natural or constructed buffer shall be created between agricultural and urban land uses when a discretionary permit is sought within or adjacent to agricultural districts. R-6. "Water reservoirs that are consistent with other uses in the Delta should be permitted." CCC General Plan, page 10-67, Policy 10-82. New storage reservoirs shall be encouraged in appropriate locations subject to adequate mitigation of environmental impacts. 18 t AGRICULTURE Agriculture Policies: P-1. "Commercial agriculture in the Delta shall be supported and encouraged as a key element in the State's economy and in providing the food supply needed to sustain the increasing population of the State, the Nation, and the world." CCC General Plan, page 8-42, Policy 8-42. The County recognizes the value of the agricultural industry and the need for it to be included in the County's overall economic development programs. P-2. "Local governments shall identify the unique qualities of the Delta which make it well suited for agriculture. These qualities include: rich soil, ample supplies of water, long growing season, mild climate, and proximity to packaging and shipping infrastructure. The unique physical characteristics of the Delta also require that agricultural land owners maintain extensive levee systems, provide flood control, and have adequate drainage to allow the lands to be farmed." CCC General Plan, page 10-53, Policy 10-46. The County shall monitor subsidence until flood protection is assured. CCC General Plan, page 10-53, Policy 10-52. Delta levees shall be rehabilitated and maintained to protect the beneficial uses of the Delta and its water, and only those uses appropriate in areas subject to risk of flooding and seismic activity, such as agriculture and recreation, should be planned and approved. The following policies address the importance of agriculture, the encouragement of its continuance, and provide protective measures: CCC General Plan, page 8-42, Policy 8-41. The promotion and marketing of locally grown agricultural products shall be encouraged. CCC General Plan, page 8-42, Policy 8-42. The County recognizes the value of the agricultural industry and the need for it to be included in the County's overall economic development programs. CCC General Plan, page 8-42, Policy 8-43. Agriculture shall be promoted. CCC General Plan, page 8-42, Policy 8-44. Agricultural processing and service businesses shall be permitted in agriculturally designated areas. CCC General Plan, page 8-42, Policy 8-45. Efforts to assure high quality and fairly priced water supply to irrigated agricultural areas shall be supported. CCC General Plan, page 8-43, Policy 8-46. Maintenance/ reconstruction 19 of Delta levees shall be encouraged. CCC General Plan, page 8-43, Policy 8-47. Fiscal policies and practices shall provide maximum lawful protection to owners of agricultural lands. CCC General Plan, page 8-43, Policy 8-48. The economic viability of agricultural land shall be protected by using measures such as the creation of conservation easements. P-3. "Education of the local populations about the value and rich heritage of agriculture in the State and in the Delta shall be continued and expanded." CCC General Plan, page 8-42, Policy 8-43. Agriculture shall be promoted. CCC General Plan, page 8-47, Implementation Measure 8-ao. Educational programs that inform students of the need to respect agricultural uses shall be sponsored. P-4. "Local governments shall support long-term viability of commercial agriculture in the Delta because of its economic and environmental importance to the State and local communities." The following policies encourage the commercial and economic viability and the importance of agriculture: CCC General Plan, page 8-42, Policy 8-41. The promotion and marketing of locally grown agricultural products shall be encouraged. CCC General Plan, page 8-42, Policy 8-42. The County recognizes the value of the agricultural industry and the need for it to be included in the County's overall economic development programs. CCC General Plan, page 8-42, Policy 8-43. Agriculture shall be promoted. CCC General Plan, page 8-42, Policy 8-44. Agricultural processing and service businesses shall be permitted in agriculturally designated areas. CCC General Plan, page 8-43, Policy 8-46. Maintenance/ reconstruction of Delta levees shall be encouraged. CCC General Plan, page 8-43, Policy 8-47. Fiscal policies and practices shall provide maximum lawful protection to owners of agricultural lands. CCC General Plan, page 8-43, Policy 8-48. The economic viability of agricultural land shall be protected by using measures such as the creation of conservation easements. 20 t P-5. "Support shall be given to current and alternative programs that help to minimize the need for costly production inputs such as fertilizers, pesticides, and herbicides as long as crop production levels and agricultural income can be maintained. Improving crop production and agricultural income is vital to the success of Delta agriculture." CCC General Plan, page 8-42, Policy 8-37. The use of toxic and nutritive chemicals by agricultural operators shall be minimized. CCC General Plan, page 8-42, Policy 8-41. The promotion and marketing of locally grown agricultural products shall be encouraged. CCC General Plan, page 8-42, Policy 8-42. The importance of the agricultural production, processing, and services industry within the County shall be recognized, and agriculture shall be integrated into the County's overall economic development programs. P-6. "Each local government shall continue to implement the necessary plans and ordinances to: maximize agricultural parcel size; reduce subdivision of agricultural lands; protect ordinary agricultural activities; protect agricultural land from conversion to other uses; and clearly define areas in that jurisdiction where urban land uses are appropriate and where agricultural land uses are appropriate." The following policy protects ordinary agricultural activities: CCC General Plan, page 8-42, Policy 8-39. A full range of agricultural uses shall be allowed and encouraged in agricultural areas. See below for policies and implementation measures relating to parcel size, subdivision and so on. "An optimum package of regulatory and incentive programs would include: (1) an urban limit line; (2) minimum parcel size consistent with local agricultural practices and needs; (3) strict subdivision regulations regarding subdivision of agricultural lands to ensure that subdivided lands will continue in agriculture; (4) delete from zoning ordinances "other" land uses which are not compatible with agriculture; (5) require adequate buffers between agricultural and non-agricultural land uses particularly residential development outside but adjacent to the Primary Zone; (6) an agriculture element of the General Plan; (7) a right-to-farm ordinance; and (8) a conservation easement program." (1) CCC General Plan, page 3-19. The County Urban Limit Line (ULL) has been designed in response to measure C. (2) General Plan, page 8-45, Implementation Measure 8-w. Among the criteria considered when reviewing a subdivision request for its consistency with the County General Plan, is that parcel size be a minimum of 5 acres in lands designated Agricultural Lands and 20 acres in lands designated Delta Recreation and 40 acres in lands designated prime productive agricultural lands. 21 1 , (3) CCC General Plan, page 3-45, Policy 3-14. Protect prime productive agricultural land from inappropriate subdivisions. CCC General Plan, page 8-45, Implementation Measure 8-y. Applications for major subdivisions of agricultural lands shall be discouraged. CCC General Plan, page 8-45, Implementation Measure 8-x. Within the major resource conservation areas, consider approval of development that is only directly related to agricultural production, recreation, water-related recreation, or the utilization of mineral, soil, water, and animal resources; or agricultural/residential uses of similar character. CCC General Plan, page 3-19. The County Urban Limit Line (ULL) prohibits new development in areas, such as the Primary Zone of the Delta, which fall outside of this line. The bulk of County area within the Primary Management Zone (PMZ) is in the Delta Recreation Land Use, with two small areas in Agriculture. Delta Recreation Land Use has a 20-acre minimum parcel size, and Agriculture Land Use lands within the PMZ are 5-acre minimum parcel size, with an established pattern of ranchette-type use. Existing uses are well established within the PMZ, with little or no development potential as the PMZ lies entirely outside of the County's Urban Limit Line. (5) CCC General Plan, page 8-42, Policy 8-34. Urban developments shall be required to establish effective buffers between them and land planned for agricultural uses. (6) The Conservation Element covers agriculture. (7) Agricultural Resource Implementation Measure 8-ap (page 8-47) includes the preparation of a "Right-to-Farm" Ordinance. (8) CCC General Plan, page 8-43, Policy 8-48. The economic viability of agricultural land shall be protected by using measures such as the creation of conservation easements. CCC General Plan, page 8-43, Policy 8-48. The economic viability of agricultural land shall be protected by using measures such as the creation of conservation easements. P-7. "Encourage acquisition of agricultural conservation easements as mitigation for projects within each county, or through public or private funds obtained to protect agricultural and open space values, and habitat value that is associated with agricultural operations. Encourage transfer of development rights within land holdings, from parcel to parcel within the Delta, and where appropriate, to sites outside the Delta. Promote use of environmental mitigation in agricultural areas only when it is consistent and compatible with ongoing agricultural operations and when developed in appropriate locations designated on a county-wide or Delta-wide habitat management plan." 22 t The following Policies and Implementation Measures encourage the creation of conservation easements, agricultural preserve contracts and transfer of development rights: CCC General Plan, page 8-43, Policy 8-48. The economic viability of agricultural land may be protected by using measures such as the creation of conservation easements, soils trust fund or agricultural mitigation fees. CCC General Plan, page 8-43, Policy 8-47. The County shall ensure that its fiscal policies and practices provide maximum lawful protection to owners of agricultural lands. CCC General Plan, page 8-48, Implementation Measure 8-ba. Owners of agricultural lands shall be encouraged to enter the Agricultural Preserve Program. CCC General Plan, page 8-48, Implementation Measure 8-bb. The use of agricultural preserve contracts shall be encouraged to maintain land in agriculture and to lower property taxes for participating farmers. CCC General Plan, page 8-48, Implementation Measure 8-bc. Options for making Agricultural Preserve contracts more attractive shall be investigated. CCC General Plan, page 8-49, Implementation Measure 8-be. Transfer of Development Right programs are among the measures used to maximize lawful protection. P-8. "Encourage management of agricultural lands which maximize wildlife habitat seasonally and year-round, through techniques such as sequential flooding in fall and winter, leaving crop residue, creation of mosaic of small grains and flooded areas, controlling predators, controlling poaching, controlling public access, and others." CCC General Plan, page 8-48, Implementation Measure 8-ar. Ways to control predation shall be established. CCC General Plan, page 8-48, Implementation Measure 8-ah. Natural vegetation and topography shall be retained to the extent economically feasible in areas with a high risk of erosion. The following Implementation Measures encourage native grass species revegetation on agricultural lands and easing of crop pesticide use due to impacts on wildlife: CCC General Plan, page 8-33, Implementation Measure 8-s. The revegetation of native grass species on lands which have been modified for agriculture shall be encouraged. CCC General Plan, page 8-33, Implementation Measure 8-t. A demonstration that the eradication and control program is necessary to 23 t protect crops and Delta levees, or to control the outbreak of plague, shall be required, but the environmental impacts of the program upon other wildlife species shall also be adequately analyzed and documented. P-9. "Local governments may continue to retain agricultural zoning and minimum parcel sizes as described in zoning codes in place January 1, 1992. Where minimum parcel size is less than 40 acres, local governments shall describe how smaller parcel sizes will support long-term viability of commercial agriculture in the Primary Zone. This policy shall not be construed to require the re-zoning of subminimum parcels." CCC General Plan, page 8-4, Policy 8-5. Scattered urban development shall be precluded outside the ULL, to reduce adverse impacts on agriculture and environmental values. CCC General Plan, page 8-43, Policy 8-48. Preservation agreements and other standards/ policies shall be established to protect the economic viability of agriculture. CCC General Plan, page 8-45, Implementation Measure 8-w. Among the criteria considered when reviewing a subdivision request for its consistency with the County General Plan, is that parcel size be a minimum of 5 acres in lands designated Agricultural Lands and 20 acres in lands'designated Delta Recreation and 40 acres in lands designated prime productive agricultural lands. CCC General Plan, page 3-45, Policy 3-14. Protect prime productive agricultural land from inappropriate subdivisions. CCC General Plan, page 8-45, Implementation Measure 8-y. Applications for major subdivisions of agricultural lands shall be discouraged. CCC General Plan, page 8-45, Implementation Measure 8-x. Within the major resource conservation areas, consider approval of development that is only directly related to agricultural production, recreation, water-related recreation, or the utilization of mineral, soil, water, and animal resources; or agricultural/residential uses of similar character. The bulk of County area within the Primary Management Zone (PMZ) is in the Delta Recreation Land Use, with two small areas in Agriculture. Delta Recreation Land Use has a 20-acre minimum parcel size, and Agriculture Land Use lands within the PMZ are 5-acre minimum parcel size, with an established pattern of ranchette-type use. Existing uses are well established within the PMZ, with little or no development potential as the PMZ lies entirely outside of the County's Urban Limit Line. Policy 8-5 and Implementation Measure 8-y provide guidelines for considering development applications: 24 t + CCC General Plan, page 8-4, Policy 8-5. Scattered urban development in outlying areas shall be precluded outside the ULL to reduce adverse impacts on agriculture and environmental values. CCC General Plan, page 8-45, Implementation Measure 8-y. Applications for major subdivisions of agricultural lands shall be discouraged. Where such applications are accepted for processing, require concurrent application for rezoning of such lands to the Planned Unit Development District. Deed of development rights shall be required to prevent further subdivision when so doing is consistent with law. Conformance with the FEMA guidelines in the flood prone area is a major limiting factor when considering development applications within the Primary Zone. The following County policies deal with flood concerns: CCC General Plan, page 10-53, Policy 10-41. Buildings near the shoreline and in flood-prone areas shall be protected from flood dangers. CCC General Plan, page 10-53, Policy 10-42. Habitable areas of structures near the shore line and in flood-prone areas shall be sited above the highest water level expected during the life of the project or shall be protected by adequately designed levees. CCC Geral Plan, page 10-53, Policy 10-43. Rights-of-way for levees protecting inland areas from tidal flooding shall be sufficiently wide on the upland side to allow for future levee widening and support additional levee height. CCC General Plan, page 10-53, Policy 10-44. County flooding policies shall be reviewed annually to incorporate new scientific findings regarding sea level rise. CCC General Plan, page 10-53, Policy 10-45. County flooding policies shall be reviewed in relation to properties designated by FEMA as within both the 10- and 500-year floodplains. P-10. "Local governments may develop programs to cluster agriculture-dependent residential units or transfer development rights (TDRs) to off-site locations. Clustering on a single farm would be for family members or employees and would not exceed maximum number of units allowed under existing zoning as of January 1, 1992. Clustering would be accompanied by conditions to preserve agricultural use and open space values on the balance of the property. TDRs may involve transfers from farms to Primary Zone communities with adequate flood protection to protect residential use, or to sites out of the Primary Zone." CCC General Plan, page 8-49, Implementation Measure 8-be. The adoption of Transfer/ Purchase of Development Rights shall be considered as a means to mitigate development pressures and preserving agricultural land. 25 t CCC General Plan, page 8-75, Implementation Measure 8-cz. Clustering shall be considered as a means to mitigate effects of proposed activities. Clustering is only allowed consistent with the minimum lot size allowed under zoning regulations. P-11. "Local governments that pursue clustering or transfer of development rights shall proceed with adoption of procedures to implement such programs as part of the Delta plans." CCC General Plan, page 8-49, Implementation Measure 8-be. The adoption of Transfer/ Purchase of Development Rights shall be considered as a means to mitigate development pressures and preserving agricultural land. CCC General Plan, page 8-75, Implementation Measure 8-cz. Clustering shall be considered as a means to mitigate effects of proposed activities. If the County choses to formalize a clustering program it will adopt procedures. P-12. "Where portions of Cities are located within the Primary Zone, Cities shall indicate zoning which was in place on January 1, 1992. Future changes to City General Plans or zoning ordinances shall conform to the adopted Land Use and Resource Management Plan." Not a criteria for determining County consistency. Needs to be referred to cities. Agriculture Recommendations: R-1 . "Programs to educate California and the U.S, about the value and diversity of California agriculture should continue. Education should provide information about various crops and about the different agricultural regions, such as the Delta." CCC General Plan, page 8-47, Implementation Measure 8-ao. Educational programs that inform students of the need to respect agricultural uses shall be sponsored. R-2. "As new information on best management practices to control subsidence of peat soils becomes available, the Commission should review that information and, if appropriate, amend the Plan." Not a criteria for determining County consistency. For consideration by the Commission. R-3. "The five Delta county Farm Bureaus should coordinate on issues of joint concern." CCC General Plan, page 8-48, Implementation Measure 8-ax. The 26 County shall cooperate with agricultural interests. 27 t WATER Water Policies: P-1. "Salinity levels in Delta waters shall ensure full agricultural use of Delta agricultural lands, provide habitat for aquatic life, and meet requirements for drinking water and industrial uses." CCC General Plan, page 8-72, Policy 8-75. The quality of surface and groundwater resources shall be preserved and enhanced. CCC General Plan, page 8-42, Policy 8-45. Efforts to assure high quality and fairly priced water supply to irrigated agricultural areas shall be supported. CCC General Plan, page 10-68, Implementation Measure 10-ak. Maintain agricultural productivity by encouraging governmental agencies to provide methods to reduce the use of chemical which can damage water quality. P-2. "Design, construction, and management of any flooding program to provide seasonal wildlife habitat on agricultural lands shall incorporate "best management practices" to minimize mosquito breeding opportunities and shall be coordinated with the local vector control district. Each of the four vector control districts in the Delta provides specific wetland/mosquito management criteria to landowners within their district." CCC General Plan, page 8-30, Policy 8-22. The use of biological and other other non-toxic controls shall be encouraged [to minimize the breeding of pests] . CCC General Plan, page 8-33, Implementation Measure 8-t. Eradication and control [of pests] is necessary to protect agricultural crops and Delta levees, or to prevent or control outbreak of plague in an area. CCC General Plan, page 8-73, Policy 8-86. Existing riparian habitat shall be preserved and enhanced by new development unless public safety concern requires removal. CCC General Plan, page 8-71, Goal 8-U. Creeks and streams shall be maintained for the public and to prevent flooding, erosion and danger to life and property. CCC General Plan, page 8-72, Goal 8-V. Important and irreplaceable natural waterways shall be preserved and restored. P-3. "Water agencies at local, state, and federal levels shall work together to ensure that adequate Delta water quality standards are set and met and that beneficial uses of State waters are protected consistent with the CALFED 28 t agreement." CCC General Plan, page 10-67, Policy 10-72. The County shall support local, regional, state, and federal government efforts to improve water quality. Water Recommendations: R-1. "The Delta waterways should continue to serve as a primary transportation system moving water to the State's natural and developed water systems." CCC General Plan, page 10-66, Goal 10-K. The quality, quantity, and productivity of water resources shall be protected as vital resources for maintaining economic and ecological health of the region. R-2. "Delta water rights should be respected and protected." CCC General Plan, page 10-66, Goal 10-J. A continuous supply of safe water to the county residents shall be ensured. R-3. "Programs to enhance the natural values of the State's aquatic habitats and water quality will benefit the Delta and should be supported." The following goals include preservation and protection of ecological resources, conservation of those resources, and balance of uses: CCC General Plan, page 8-3, Goal 8-A. Ecological resources shall be preserved and protected. CCC General Plan, page 8-3, Goal 8-B. Natural resources shall be conserved by controlling the direction, extent and timing of urban growth. CCC General Plan, page 8-3, Goal 8-C. A balance of uses of the County's natural and developed resources to meet the social and economic needs of the residents shall be achieved. The following policies preserve fisheries, wetlands and water quality: CCC General Plan, page 8-29, Policy 8-16. Sport fisheries shall be preserved and re-established in the streams. CCC General Plan, page 8-29, Policy 8-17. The ecological value of wetland areas shall be recognized, and existing wetlands in the County shall be identified and regulated. Restoration of degraded wetlands shall be supported. CCC General Plan, page 8-72, Policy 8-75. The quality of surface and groundwater resources shall be preserved and enhanced. CCC General Plan, page 8-73, Policy 8-84. Riparian resources in the 29 1 Delta and along the shoreline shall be protected and enhanced. R-4. "Programs to regulate agricultural drainage in the Delta should be accompanied with education programs, be implemented over time, and should, where needed, provide financial assistance such as grants and interest-free loans to ensure compliance. Any regulation of Delta agricultural discharges must recognize that a) dischargers must be permitted to discharge back to the channels any dissolved solid loads that were derived from the channels in irrigation diversions and seepage inflows, and b) any net addition of dissolved carbon compounds must be compared to the addition of such compounds that would occur with any other land use option that would provide equal protection of the land and channel configuration and would consume no more water." CCC General Plan, page 10-68, Implementation Measure 10-ao. Governmental programs which could affect water quality and water supply shall be reviewed and evaluated. R-5. "Water for flooding to provide seasonal and year-round wildlife habitat should be provided as part of State and federal programs to provide water for wildlife habitat." Not a criteria for determining County consistency. State and Federal agencies need to deal with this. R-6. "Water quality monitoring programs should measure Delta waters to ensure they meet water-contact recreation and other water quality standards." CCC General Plan, page 8-72, Policy 8-75. The quality of surface and groundwater resources shall be preserved and enhanced. Water quality standards are measured and monitored by State and Federal agencies. R-7. "State and federal water projects are beneficiaries of the Delta waterways and levees; the projects should fund that portion of levee erosion caused by water transport and should continue programs that fund protection of Delta levees." CCC General Plan, page 7-36, Policy 7-54. Agencies, including state and federal government shall help fund Delta levee improvements. R-8. "Water quality at Delta drinking water intakes should be maintained or enhanced." CCC General Plan, page 8-72, Policy 8-75. The quality of surface and groundwater resources shall be preserved and enhanced. 30 t RECREATION AND ACCESS Recreation and Access Policies: P-1. "Where public funds are limited, local governments shall promote maintenance and supervision of existing public recreation areas over construction of new public facilities." CCC General Plan, page 9-37, Policy 9-36. The Delta shall be developed for recreation use in accordance with the State environmental goals and policies, and its recreational value shall be protected and enhanced. CCC General Plan, page 7-5, Goal 7-D. The County should cooperate with local jurisdictions to provide public facilities in the most cost effective manner possible. P-2. "To minimize impacts to agriculture and to wildlife habitat, local governments shall encourage expansion of existing private water-oriented commercial recreational facilities over construction of new facilities. Local governments shall ensure any new recreational facilities will be adequately supervised and maintained." CCC General Plan, page 8-42, Policy 8-32. Agriculture shall be protected to assure a balance in land use. CCC General Plan, page 9-37, Policy 9-39. Recreational development shall complement the natural features of an area. CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be distributed and managed to control adverse environmental impacts. CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard shall be provided to the unincorporated communities that request it. P-3. "Local governments shall develop siting criteria for recreation projects which will ensure minimal adverse impacts on: agricultural land uses, levees, and public drinking water supply intakes, and identified sensitive wetland and habitat areas." CCC General Plan, page 8-42, Policy 8-32. Agriculture shall be protected to assure a balance in land use. CCC General Plan, page 8-42, Policy 8-34. Urban developments shall establish buffers between them and land planned for agriculture. CCC General Plan, page 8-43, Policy 8-46. Maintenance and reconstruction of Delta levees shall be encouraged. CCC General Plan, page 8-50, Implementation Measure 8-bk. Approve 31 i t land use policies which conserve existing levees. CCC General Plan, page 7-15, Policy 7-23. The County shall cooperate with other regulatory agencies to control point and non-point water pollution sources to protect adopted beneficial uses of water. CCC General Plan, page 8-29, Policy 8-17. The ecological value of wetland areas shall be recognized and existing wetlands in the County shall be identified and regulated. CCC General Plan, page 8-26, Policy 8-7. Important wildlife habitats shall be preserved. The California Environmental Quality Act process assesses environmental impacts of a project and, where significant, requires mitigation of those impacts. P-4. "Local governments shall improve public safety on Delta waterways through enforcement of local, State, and federal laws." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-standard shall be provided to unincorporated communities that request it. CCC General Plan, page 7-40, Policy 7-57. A sheriff facility standard of 155 square feet of station area per 1,000 population shall be maintained within the unincorporated area of the County. The Contra Costa County Sheriff Marine Patrol Services Bureau has been established for law enforcement purposes on waterways. P-5. "Local governments shall encourage provision of publicly-funded amenities in or adjacent to private facilities, particularly if the private facility will agree to supervise and manage the facility (fishing pier, overlook, picnic area) thus lowering the long-term cost to the public." CCC General Plan, page 7-6, Policy 7-10. The County shall cooperate with cities during the establishment of redevelopment projects to assure that fiscal impacts upon the County are minimized. CCC General Plan, page 7-5, Policy 7-2. New development should be required to pay all costs of upgrading existing public facilities. CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. CCC General Plan, page 7-5, Goal 7-D. The County should cooperate with local jurisdictions to provide public facilities in the most cost effective manner possible. P-6. "Local. governments shall support multiple uses of Delta agricultural lands, such as seasonal use for hunting, or improved parking and access sites." 32 t CCC General Plan, page 8-42, Policy 8-42. Agriculture shall be integrated into the County's overall economic development programs. CCC General Plan, page 8-3, Goal 8-C. The County should achieve a balance of uses of the County's natural and developed resources to meet the social and economic needs of the County's residents. P-7. "Local governments shall support improved access for bank fishing along State highways and County roads where safe and adequate parking can be provided and with acquisition of proper rights-of-access from the landowner. Adequate policing, garbage cleanup, sanitation facilities, and fire suppression for such access shall be provided." CCC General Plan, page 5-35, Policy 5-38. Multiple recreation use shall be encouraged along scenic routes. CCC General Plan, page 9-37, Policy 9-35. Public access to scenic areas on the waterfront shall be protected an developed, and water- related recreation, such as fishing, shall be provided. CCC General Plan, page 7-40, Policy 7-57. A sheriff facility standard of 155 square feet of station area per 1,000 population shall be maintained within the unincorporated area of the County. CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity with special emphasis on controlling adverse environmental impacts. CCC General Plan, page 7-49, Policy 7-71. A set of special fire protection and prevention requirements shall be applied to hillside, open space, and rural area development. P-8. "New, renovated, or expanded marinas shall include adequate restrooms, pumpout facilities, trash containers, oily waste disposal facilities, and other facilities necessary to meet needs of marina tenants. These facilities shall be provided free or at low cost to offset costs of maintenance." CCC General Plan, page 3-51, Policy 3-47. Docks and marinas shall be considered for approval in certain designated Delta Recreation areas where adequate on-site sewage disposal can be provided. CCC General Plan, page 8-77, Policy 8-97. The County shall oppose construction or operation of mooring facilities posing significant hazards or threats to Bay or Delta resources. CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity with special emphasis on controlling adverse environmental impacts. P-9. "Local governments shall encourage new recreation facilities that take advantage of the Delta's unique characteristics." 33 t CCC General Plan, page 9-37, Policy 9-36. As a unique resource of State-wide importance, the Delta shall be developed for recreation use. Recreation and Access Recommendations: R-1. "Support a scientifically-valid survey of current recreational uses and current and future recreation needs in the Delta to determine type, number, and location of needed recreation facilities. Study needs for trails, unified directional signage, and billboard controls, in the Delta." CCC General Plan, page 9-37, Policy 9-36. As a unique resource of State-wide importance, the Delta shall be developed for recreation use. CCC General Plan, page 9-38, Implementation Measure 9-v. Develop a comprehensive and interconnected series of hiking, biking, and riding trails. CCC General Plan, page 9-38, Implementation Measure 9-w. Form a County-wide committee to explore funding sources for recreation and open space to support regional, community, and local parks and trails. Additionally, the East Bay Regional Park District, together with Contra Costa County and local jurisdictions, have undertaken and adopted an East Cdhtra Costa County Parks Master Plan. Billboards are not allowed in agriculturally zoned areas in Contra Costa County. R-2. "Support a scientifically-valid study of the carrying capacity of the Delta waterways for recreation activities without degradation of habitat values which minimize impacts to agriculture or levees." CCC General Plan, page 9-37, Policy 9-36. As a unique resource of State-wide importance, the Delta shall be developed for recreation use in accordance with the State environmental goals and policies CCC General Plan, page 8-26, Policy 8-7. Important wildlife habitats shall be preserved. CCC General Plan, page 8-42, Policy 8-32. Agriculture shall be protected to assure a balance in land use. CCC General Plan, page 3-51, Policy 3-47. Docks and marinas shall be considered for approval in certain designated Delta Recreation areas where such uses will not conflict with adjacent agricultural uses. CCC General Plan, page 8-43, Policy 8-46. Maintenance and reconstruction of Delta levees shall be encouraged. R-3. "New projects in the Secondary Zone, adjacent to the Primary Zone, should include commercial and public recreation facilities which allow safe, supervised access to and along the Delta waterways (pedestrian and bike trails, launch ramps including small boat launch ramps, windsurfing access, 34 overlooks, nature observation areas, interpretive information, picnic areas, etc. ) ." CCC General Plan, page 9-37, Policy 9-36. As a unique resource of State-wide importance, the Delta shall be developed for recreation use. CCC General Plan, page 3-51, Policy 3-47. Docks and marinas shall be considered for approval in certain designated Delta Recreation areas. R-4. "Marina owners and operators should take advantage of grants available from the Department of Boating and Waterways to fund new pump-outs." CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. State Department of Waterways grant funding is outside the scope of the CCC General Plan. R-5. "To protect rare and endangered fish species from adverse impacts of poaching, the Department of Fish and Game (DFG) should study the feasibility and value of banning night fishing in the Delta." CCC General Plan, page 8-26, Policy 8-9. Areas determined to contain significant ecological resources, particularly those containing endangered species, shall be maintained in their natural state and carefully regulated to the maximum legal extent. State Department of Fish and Game activities are outside the scope of the CCC General Plan. R-6. "State and federal projects in the Primary and Secondary Zones should include appropriate recreation and/or public access components to the extent consistent with project purposes and with available funding. State and federal agencies should consider private or user group improvements on publicly-owned lands to provide facilities (example: windsurf access at Brannan Island State Park)." CCC General Plan, page 9-37, Policy 9-36. As a unique resource of State-wide importance, the Delta shall be developed for recreation use in accordance with the State environmental goals and policies. CCC General Plan, page 3-51, Policy 3-47. Docks and marinas shall be considered for approval in certain designated Delta Recreation areas. CCC General Plan, page 7-5, Policy 7-2. New development should be required to pay all costs of upgrading existing public facilities. CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. R-7. "Local governments should develop design guidelines for new or enlarged recreation facilities to protect adjacent agricultural land uses." 35 CCC General Plan, page 8-42, Policy 8-32. Agriculture shall be protected to assure a balance in land use. CCC General Plan, page 8-42, Policy 8-34. Urban developments shall be required to establish effective buffers between them and land planned for agriculture. CCC General Plan, page 3-51, Policy 3-47. Docks and marinas shall be considered for approval in certain designated Delta Recreation areas where such uses will not conflict with adjacent agricultural uses. R-8. "Local governments should develop funding sources to provide adequate enforcement of existing laws to protect health, safety and welfare of Delta recreational users." CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-standard shall be provided to unincorporated communities that request it. The Contra Costa County Sheriff Marine Services Bureau is in place to enforce laws in the Delta area. r R-9. "To provide adequate dilution of any potential discharges, new marinas or marina expansions should not be permitted within 1.5 kilometers (0.9 miles) of any drinking water intake located in an open waterway, nor within any waterway or dead-end slough that terminates in a drinking water intake. Projects not meeting this criteria should be considered on a case-by-case basis to determine if a proposed project can be mitigated to provide comparable effectiveness." CCC General Plan, page 10-67, Policy 10-73. The County shall support water quality standards for importing areas that are adequate to protect public health. CCC General Plan, page 10-67, Policy 10-74. Point sources of pollution shall be identified and controlled to protect adopted beneficial uses of water. CCC General Plan, page 3-51, Policy 3-47. Docks and marinas shall be considered for approval in certain designated Delta Recreation areas where projects can be clustered and located adjacent to similar uses. R-10 "New, expanded, or renovated marinas should minimize toxic discharges (including paint, paint chips, chemicals, heavy metals, tribytulin, oil, grease, and fuel) and prohibit discharges of untreated sewage as required under local, State, and federal laws and regulations." CCC General Plan, page 10-67, Policy 10-72. The County shall support local, regional, State, and federal government efforts to improve water 36 quality. CCC General Plan, page 10-67, Policy 10-74. Point sources of pollution shall be identified and controlled to protect adopted beneficial uses of water. 37 t LEVEES Levees Policies: P-1. "Delta levees shall be maintained to protect human life, to provide flood protection, to protect private and public property, to protect historic structures and communities, to protect riparian and upland habitat, to promote interstate and intrastate commerce, to protect water quality in the state and federal water projects, and to protect recreational use of the Delta area. Delta levee maintenance and rehabilitation shall be given priority over other uses of the levee areas. To the extent levee integrity is not jeopardized, other uses, including support of vegetation for wildlife habitat, shall be allowed." CCC General Plan, page 10-54, Policy 10-51. In order to protect lives and property, development in reclaimed areas shall not be permitted unless flood protection in such areas is constructed to the standards of the Flood Disaster Protection Act of 1973. Levees protecting these areas shall meet the standards of the U.S. Army Corp of Engineers. CCC General Plan, page 7-50, Policy 7-52. Plans for Delta levee rehabilitation maintenance should be developed to protect the beneficial uses of the Delta. CCC General Plan, page 8-50, Implementation Measure 8-bk. Approve land use policies and other regulations which conserve and protect existing levees. P-2. "If levee guidelines are needed, local governments shall adhere to guidelines for federal and local levee maintenance and construction at a minimum as stipulated in the Flood Hazard Mitigation Plan guidelines, and set longer term goals of meeting PL-99 Standards. If vegetation standards are needed, local governments shall adopt the adopted vegetation guidelines which promote native grasses and limited vegetation on specific areas of the levee." CCC General Plan, page 10-54, Policy 10-51. In order to protect lives and property, development in reclaimed areas shall not be permitted unless flood protection in such areas is constructed to the standards of the Flood Disaster Protection Act of 1973. Levees protecting these areas shall meet the standards of the U.S. Army Corp of Engineers. CCC General Plan, page 8-30, Policy 8-21. The planting of native trees and shrubs shall be encouraged. P-3. "Through flood ordinances based on FEMA model ordinances, local governments shall carefully and prudently carry out their responsibilities to regulate new construction within flood hazard areas to protect public health, safety, and welfare. Increased flood protection shall not result in densities beyond those allowed under zoning and General Plan designations in place on January 1, 1992, for lands in the Primary Zone." 38 i 1 CCC General Plan, page 10-54, Policy 10-51. In order to protect lives and property, development in reclaimed areas shall not be permitted unless flood protection in such areas is constructed to the standards of the Flood Disaster Protection Act of 1973. Levees protecting these areas shall meet the standards of the U.S. Army Corps of Engineers. CCC General Plan, page 10-53, Policy 10-41. Buildings in urban development near the shoreline and in flood-prone areas shall be protected from flood dangers. CCC General Plan, page 3-19. The County Urban Limit Line (ULL) prohibits new development in areas, such as the Primary Zone of the Delta, which fall outside of this line. P-4. "Existing programs for emergency levee repair should be strengthened and better coordinated between local, State, and federal governments and shall include: interagency agreements and coordination; definition of an emergency; designation of emergency funds; emergency contracting procedures; emergency permitting procedures; and other necessary elements." CCC General Plan, page 10-71, Goal 10-N. The County should provide for a continuing high level of public protection services and coordination of services in a disaster. CCC General Plan, page 10-55, Implementation Measure 10-z. Develop and implement Delta levee rehabilitation plans in cooperation with State and federal agencies and the private sector. Emergency levee repair is the responsibility of State and federal agencies and local reclamation districts. P-5. "Local governments shall use their authority to control levee encroachments that are detrimental to levee maintenance." CCC General Plan, page 10-54, Policy 10-52. Delta levees shall be rehabilitated and maintained. CCC General Plan, page 10-55, Implementation Measure 10-ab. Prohibit new structures which would restrict maintenance or future efforts to increase the height of levees from being constructed on top or immediately adjacent to the levees. Levees Recommendations: R-1. "Levee maintenance, rehabilitation, and upgrading should be established as the first and highest priority of use of the levee. No other use whether for habitat, trails, recreational facilities, or roads should be allowed to unreasonably adversely impact levee integrity or maintenance." CCC General Plan, page 8-50, Implementation Policy 8-bk. Approve 39 t land use policies and other regulations which conserve and protect existing levees. CCC General Plan, page 10-55, Implementation Measure 10-ab. Prohibit new structures which would restrict maintenance or future efforts to increase the height of levees from being constructed on top or immediately adjacent to the levees. R-2. "Landowners, through reclamation districts, should pay a portion of levee maintenance costs. The overall citizenry of California and the United States that benefits from the state and federal water projects, commerce and navigation, travel, production of crops, recreation, and protection of fish and wildlife habitat should also pay a substantial portion of the cost of maintaining the Delta levees. New programs of determining assessments on mineral leases and other beneficiaries should be evaluated by reclamation districts." CCC General Plan, page 7-36, Policy 7-54. Agencies whose projects benefit from Delta levee protection, including State and federal government, shall participate in funding all Delta levee improvements and maintenance. CCC General Plan, page 8-50, Implementation Measure 8-bj. Identify local financing mechanisms for funding levee improvements. R-3. "Due to the diTficulty in identifying all the beneficiaries of both State and federal levees and the entities that cause adverse impacts to the levees, the simplest way to collect the funds needed to maintain the levees would be through non-fungable(sic) allocations from both the State and federal government to fund regular, on-going levee maintenance." CCC General Plan, page 8-50, Implementation Measure 8-bi. Seek State and federal grants to assist in levee maintenance and reconstruction projects. R-4. "Where efficiencies of scale would result in cost savings and levee systems of two or more reclamation districts provide protection to the same area, the State and other regulatory agencies should consider approval of requests made by reclamation districts for such consolidation." CCC General Plan, page 7-5, Goal 7-D. The County should cooperate with local jurisdictions to provide public facilities in the most cost effective manner possible. CCC General Plan, page 8-43, Policy 8-46. Maintenance and reconstruction of Delta levees shall be encouraged. We are aware of no areas within Contra Costa County that are covered by two or more reclamation districts. R-5. "If funding is made available to the reclamation districts for levee maintenance, mitigation for removal of vegetation required to maintain existing levees should be coordinated through a memorandum of understanding 40 between reclamation districts, State, and federal agencies, which results in minimal fiscal impacts to reclamation districts and which will result in "no net long term loss" of habitat in the legal Delta." CCC General Plan, page 10-54, Policy 10-53. Development of levee rehabilitation plans should consider methods to foster riparian habitat to the fullest extent possible consistent with levee integrity. CCC General Plan, page 7-5, Goal 7-D. The County should cooperate with other local jurisdictions to promote the most cost effective methods of providing public facilities. CCC General Plan, page 8-26, Policy 8-6. Natural vegetation generally shall be preserved. R-6. "A "clearinghouse" for material suitable for levee maintenance should be created to assist in distributing appropriate materials to sites slated for maintenance work. Materials which have value for levee maintenance work, such as materials routinely dredged from Delta channels or materials otherwise excavated from within the Delta area, should be reserved first for levee maintenance work. Other uses should be considered only if the material is not needed or is unsuitable for levee maintenance work. Regulations .should establish priorities for in-Delta use of soil excavated from within the Delta." CCC General Plan, page 8-50, Implementation Measure 8-bk. Approve land use policies and other regulations which conserve and protect existing levees. R-7. "Study appropriateness of materials from other sources for levee maintenance and repair, similar to the Long Term Management Strategy prepared for the San Francisco Bay region." CCC General Plan, page 8-50, Implementation Measure 8-bk. Approve land use policies and other regulations which conserve and protect existing levees. Contra Costa County has been working with State and federal agencies to enable widespread use of dredged materials from channel dredging projects on Delta levees. R-8. "To lower levee maintenance costs, streamlined permitting systems for authorization of dredging for levee maintenance and rehabilitation work, including the improvement of wildlife habitat and habitat mitigation sites, and for levee upgrading to mandated standards to protect public health and safety, should be instituted, with one state agency designated as lead agency and one federal agency designated as lead agency. Federal agency concurrence in such designations should be obtained." CCC General Plan, page 7-5, Goal 7-D. The County should cooperate with other local jurisdictions to promote the most cost effective methods of providing public facilities. 41 CCC General Plan, page 8-50, Implementation Measure 8-bk. Approve land use policies and other regulations which conserve and protect existing levees. CCC General Plan, page 8-29, Policy 8-18. The filling and dredging of lagoons, estuaries, and bays which eliminate marshes and mud flats shall be allowed only for water oriented projects which will provide substantial public benefits. CCC General Plan, page 8-26, Goal 8-F. The County should encourage the preservation and restoration of the natural characteristics of the San Francisco Bay/Delta estuary. CCC General Plan, page 10-54, Policy 10-51. In order to protect lives and property, intensive urban and suburban development shall not be permitted in reclaimed areas unless flood protection in such areas is constructed, at a minimum, to the standards of the Flood Disaster Act of 1973. R-9. "The program for emergency levee repair should be strengthened. The program should include: definition of an emergency; designation of emergency funds; emergency contracting procedures; emergency permitting procedures and the designation of a State agency to provide immediate response to floodfight, close levee breaks, and dewater flooded areas where local agencies are unable to respond. An emergency program should develop a funding program to assist reclamation districts that are unable to pay such costs." CCC General Plan, page 10-55, Implementation Measure 10-z. Develop and implement Delta levee rehabilitation plans in cooperation with State and federal agencies and the private sector. CCC General Plan, page 10-50, Goal 10-H. The County should mitigate the risk of flooding and hazards to life, health, structures, transportation, and utilities. CCC General Plan, page 10-71, Goal 10-N. The County should provide for a continuing high level of public protection services and coordination of services in a disaster. Emergency levee repair is the responsibility of State and federal agencies and local reclamation districts. R-10 "Maintain an inventory of the current status of Delta levees meeting various standards (HMP; PL-99; etc.)" CCC General Plan, page 8-43, Policy 8-46. Maintenance and reconstruction of Delta levees shall be encouraged. Local reclamation districts and the State Department of Water Resources currently maintain information on these levees. It is not clear who else needs to maintain a listing. 42 R-11 "Maintain an inventory of channel areas where toxic materials have been identified." CCC General Plan, page 8-73, Policy 8-91. Grading, filling, and construction activity near watercourses shall be conducted in such a manner as to minimize impacts. State and federal agencies and the Contra Costa County Health Department currently maintain lists of all known toxic areas which exceed established standards. R-12 "Levee maintaining agencies and fish and wildlife agencies should continue to cooperate to establish appropriate vegetation guidelines. Continuation of the SB 34 Program with its incentive funding for mitigation should be supported as the best way to accomplish the goals of levee maintenance with no net long term loss of habitat." CCC General Plan, page 10-54, Policy 10-53. Development of levee rehabilitation plans should consider methods to foster riparian habitat to the fullest extent possible consistent with levee integrity. The SB 34 Program applies to State and federal levee maintenance and fish and wildlife agencies and is outside the scope of the CCC General Plan. R-13 "As much as feasible, levees should be designed and maintained to protect against damage from seismic activity. Those standards should not promote increased intensity or density of use beyond those designated as of January 1, 1992." CCC General Plan, page 10-54, Policy 10-58. Levees should be designed to withstand the forces of anticipated (design) earthquakes at their locations. CCC General Plan, page 3-19. The County Urban Limit Line (ULL) prohibits new development in areas, such as the Primary Zone of the Delta, which fall outside of this line. R-14 "Support on-going U.S. Army Corps of Engineers studies and programs that could provide funding, flood protection, and environmental restoration on Delta islands, and support further involvement to improve regulatory streamlining and study beneficial reuse of dredged material." CCC General Plan, page 7-36, Policy 7-54. Agencies whose projects benefit from Delta levee protection, including state and federal government, shall participate in funding all Delta levee improvements and maintenance. CCC General Plan, page 10-50, Goal 10-H. The County should mitigate the risk of flooding and hazards to life, health, structures, transportation, and utilities. 43 i CCC General Plan, page 8-26, Policy 8-6. Natural vegetation generally shall be preserved. CCC General Plan, page 7-5, Goal 7-D. The County should cooperate with other local jurisdictions to promote the most cost effective methods of providing public facilities. CCC General Plan, page 8-73, Policy 8-91. Grading, filling, and construction activity near watercourses shall be conducted in such a manner as to minimize impacts. CCC General Plan, page 10-54, Policy 10-51. In order to protect lives and property, development in reclaimed areas shall not be permitted unless flood protection in such areas is constructed to the standards of the Flood Disaster Protection Act of 1973. Levees protecting these areas shall meet the standards of the U.S. Army Corps of Engineers. 44 t MARINE PATROL, BOATER EDUCATION, AND SAFETY PROGRAMS The Contra Costa County General Plan does not contain specific policy statements which address navigation, but we feel that it is consistent with the Delta Plan in this respect because the CCC General Plan was intended only as a fundamental policy framework and when viewed in this way it does conform with the intent of the Delta Plan policies. The Implementation section of.the Delta Plan stresses the importance of general consistency between the local and regional plans and details the criteria by which the Commission will evaluate plans submitted by local governments. These criteria, contained on page 59 and 60 of the Delta Plan, require that policies in local General Plans will not result in: "* wetland or riparian loss; * degradation of water quality; * increased nonpoint source pollution or soil erosion, including subsidence or sedimentation; * degradation or reduction of Pacific Flyway habitat; * reduced public access, provided that access does not infringe upon private property rights; • * expose the public to increased flood hazards; * adversely impacts\agricultural lands or increase the potential for vandalism, trespass, or the creation of public or private nuisances on private or public lands; * degradation or impairment of levee integrity; * adversely impact navigation; * any increased requirements or restriction upon agricultural practices in the primary zone." The Contra Costa County General Plan is entirely consistent with these criteria and, as shown below, contains language which protects navigational safety in the Delta. Marine Patrol, Boater Education, and Safety Programs Policies: P-1. "Marine patrol equipment shall be adequate to ensure communication with other county marine patrols, with State patrols on Delta waters, and with the Coast Guard." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. 45 CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. CCC General Plan, page 7-41, Implementation Measure 7-ar. Public protection facilities needs will be included in the 5-year Capital Improvement Program to ensure that the facilities will be available as development proceeds. P-2. "Local government marine patrols shall notify the Coast Guard when and where patrols are on the water." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. P-3. "Local government marine patrol units shall participate in at least one meeting per year to coordinate with other Delta law enforcement programs to develop strategies for effective control, to discuss new laws and programs, and generally increase effectiveness and communication between the various marine patrol programs." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. The Contra Costa County Sheriff Department does coordinate with adjacent counties to ensure complete patrol coverage of the Delta. P-4. "Local governments shall develop methods for quick processing of intoxicated boat operators which ensure that marine patrol staff remains on the water." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. P-5. "Local government marine patrol services shall recognize towing of disabled vessels as a low priority activity and should develop relationships with volunteer groups or private vendors to provide such services." CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. CCC General Plan, page 7-40, Implementation Measure 7-ao. Encourage the use of citizen action programs [for public protection] . P-6. "Local governments shall develop funding and implementation strategies to 46 t � remove abandoned vessels from County waterways to avoid pollution of Delta waters and remove hazards to navigation." CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. CCC General Plan, page 8-72, Policy 8-75. Preserve and enhance the quality of surface and groundwater resources. P-7. "Local government marine patrol programs shall coordinate with Department of Fish and Game to provide support in enforcement of State hunting and fishing laws." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. Marine Ntrol Deputies are authorized to provide citations under the State Fish and Game Code. P-8. "Local governments shall provide adequate levels of marine patrol to ensure public health and safety on the waters of the Delta, taking into account funding available and the number of vessels moored in the Delta, launched into the Delta, and which travel into the Delta." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. P-9. "Local governments shall identify problems and solutions surrounding crimes of environmental pollution which can be addressed by local governments. Local governments shall consider feasible solutions (additional pump-outs, dye tablets in holding tanks, rewards for observers, etc. ) ." CCC General Plan, page 10-67, Policy 10-72. The County shall support local, regional, State, and federal government efforts to improve water quality. CCC General Plan, page 10-67, Policy 10-74. Point sources of pollution shall be identified and controlled. P-10 "Local governments shall implement or support education and safety programs 47 t to address local, state, and federal laws aimed especially at PWC* operators and means to encourage attendance at such programs." CCC General Plan, page 7-40, Implementation Measure 7-ap. Consider the use of community service officers to provide law enforcement outreach programs. CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. P-11 "Local governments shall implement or support boater education programs to address local, State, and federal laws and means to encourage attendance at such programs." CCC General Plan, page 7-40, Implementation Measure 7-ap. Consider the use of community service officers to provide law enforcement outreach programs. CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. P-12 "Local government marine patrol programs shall encourage and coordinate with volunteer programs within their jurisdiction as a way to supplement human resources on the Delta waterways." CCC General Plan, page 7-40, Implementation Measure 7-ao. Encourage the use of citizen action programs [for public protection] . CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. P-13 "Adequate funds shall be reserved for marine patrol services. Sources could include: reservation of existing funds such as vessel property tax, launch ramp fees, fines collected from violators, county share of Fish and Game Code violation fines, and possible funds generated from rental houseboats, boats or PWC,* or from marina berths." CCC General Plan, page 7-40, Policy 7-60. Levels of [public protection] service above the county-wide standard requested by unincorporated communities shall be provided. CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. Marine Patrol, Boater Education, and Safety Programs Recommendations: R-1. "The Coast Guard should host at least one and preferably two meetings per year of marine patrol programs to promote coordination and communication between the programs. Attendees should include: Counties, Cities, Ports, Department of Fish and Game, Department of Parks and Recreation, and any non-profit or volunteer groups providing education and training or patrol 48 t services in the Delta waters." CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. U.S. Coast Guard activities are outside the scope of the CCC General Plan. R-2. "Department of Parks and Recreation (DPR) rangers should continue to patrol the State parks, and provide as much supplemental assistance to local governments and to Department of Fish and Game as possible. DPR rangers should enforce hunting and fishing laws and enforce pollution laws on the waters of the State parks." CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. CCC General Plan, page 10-67, Policy 10-72. The County shall support local, regional, State, and federal government efforts to improve water quality. R-3. "Department of Fish and Game wardens and DBEEP staff should inform the Coast Guard of their general activities, and special enforcement programs." CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. State Department of Fish and Game activities are outside the scope of the CCC General Plan. R-4. "A system for State peace officers to inform local government.marine patrols of intoxicated boat operators should be developed and instituted." CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. CCC General Plan, page 7-40, Policy 7-58. Sheriff patrol beats shall be configured to assure efficient use of resources. State of California activities are outside the scope of the CCC General Plan. R-5. "Department of Boating and Waterways should continue boating education programs and continue current programs to fund installation of new pump-out facilities." CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. 49 t , CCC General Plan, page 8-72, Policy 8-75. Preserve and enhance the quality of surface and groundwater resources. State Department of Boating and Waterways activities are outside the scope of the CCC General Plan. R-6. "Non-profit and volunteer organizations should continue to assist in patrolling the Delta and offering assistance, such as towing, to stranded boaters. Boater education and inspection programs carried out by volunteers should continue and be promoted by all entities associated with Delta boating." CCC General Plan, page 7-40, Implementation Measure 7-ao. Encourage the use of citizen action programs [for public protection] . CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. Non-profit and volunteer organization activities are outside the scope of the CCC General Plan. R-7. "The Legislature should carefully and thoughtfully consider possible legislation and funding to enhance boater safety and welfare which may be suggested by local and State enforcement programs or by non- profit/volunteer groups, such as mandated boater training, hazard removal, hazard posting, and pollution cleanup." CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. State of California activities are outside the scope of the CCC General Plan. R-8. "The Legislature should designate adequate funding for boater education and marine patrol services." CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. State of California activities are outside the scope of the CCC General Plan. R-9. "The Legislature should consider possible legislation requiring boaters and PWC* operators to attend boating education and safety programs." CCC General Plan, page 9-37, Policy 9-40. Recreational activity shall be managed according to an area's carrying capacity. State of California activities are outside the scope of the CCC General Plan. R-10 "The Coast Guard should coordinate its vessel documentation program with the State of California to ensure that funds that would otherwise support boating 50 1 programs are not diverted through the federal vessel documentation program." CCC General Plan, page 7-5, Policy 7-3. Broad-based funding sources for public facilities shall be sought. U.S. Coast Guard activities are outside the scope of the CCC General Plan. 51 t a. CONCLUSION As the above analysis shows, we feel that the Contra Costa County General Plan is already consistent with the Delta Plan. We have, however, proposed to amend the Contra Costa County General Plan to require consistency and consultation of the Delta Plan before land use decisions are made. The reason why such conformity exists is that the Delta Commission Primary Zone boundaries were drawn excluding all areas of planned urban growth in the County. Likewise, because the Primary Zone of the Delta lies outside of Contra Costa County's Urban Limit Line, the Contra Costa County General Plan meets the criteria for consistency detailed on page 59 of the Delta Plan . 52 i t PROPOSED DELTA PROTECTION ACT OF 1992 > "� SACRA INTO MAP OF ZONES SACRAMENTO-SAN JOAQUIN DELTA ( 4 4�i✓r 1;r`+ 41 t.r • �_.. t D I 2 3 a 1 + SCA4E IN Ar2ES 1 o DELTA B UNDARY r 41�`"L_ a • LEGEND DELTA BOUNDARY•SECTION 12220 OF THE WATER CODE V ••4 j ti +` COUNTY BOUNDARY 4.n,rxr �, k• Q PRIMARY MANAGEMENT ZONE SECONDARY MANAGEMENT ZONE oil utt �y l + r x � • la c.x•. t•xa _ taut d '►s�NN� i..�,�-' J ` ti tn•u ,Rut w .. tl+.xo LODI ' •tV1 •t! /,t Sautw `t tl,rra.0u3 �`(� +` , 1 �, t,i+t xnit 14v+a,x � . IMA WEBB TRACT .txtt life a ty`i ..•� . ,lv� lw.•t xt 'v _As` A FRANKS v pitk 1,4 ,.•... ^ Q.{+g :•�1'�'T+�,y TRACT Ott �0 PITTSBU BIO BREAK �r?'" t t + 1■•cr `ii} �•, w •� I!�N> Ai 7!' 4aa; yl<. �.�', oowato U , it CNut1 W �y fy HOLLAND 1i r TIO 'Vf TRACT , „•et '�,t+ a'. • ' to.tN �aurt + vtACc PALM •' t,o«t, .axtl STpCKT'0 TRACT DELTA BOUNDARY---"` 1p' °R"4O° 1 :'a� TRACT t- Sr��S� � � �/ �,Ty, ,�+.•a r,v.rtt .o».e3 # w,004t 1 satt.tt t t•,': WA ✓j, ,r ;h��'�.. IQ'c4�1..fll �,�� n .r I,.CI ,! tw 4tia Ma f�+F 1� , .. A •P 1'r �. Y pp �trit 1� •t A, ����• �r•. a FA AREA GP ZONE nit�ir 1 trV�CT.,:; r;?•,.<.,� ='y xnx ll•.o ,ot tl,,t S ',1.. JERSEY ISLAND OR A-3 CLIFTON COURT .l+•wo ��'� TRACT 1,�.• WEBB TRACT DR,OS,PR A-2,A-a », It+ <`.YF4 BIG BREAK WA A•2,A•aOil �'S« 1 , o E ., t• + ORWOOD TRACT DR A-3,A-a sECO PALM TRACT DR A•3,A-4 HOLLAND TRACT DR A-2,A•3 a. MrGEME �( 5 FRANK57RACT WA A•2 �• �„�� ,_ ,� O N BRADFORD ISLAND OR A•2,A-4 CLIFTON COURT TRACT WA,PS,PR, A-2,A-4 AL,OR,OS /EXHISrr A @ K 1A' o a c '4 4 •1 ': Li -- a a a r p Z �rz _ ~ N it z s ; r b m cz m u y / �n p m BO �• m c y it r h R' ro y � rr O N z v PI D N y a D T D 4 m m D D —y m N m { i r m s rD CD �� o m 4 -• D f� x 2 t < f r e r r t m , z 2 Q o r z ro• a ao CD C M G7 a �z O n x a oom T � a ,0 m-M 0 P t r z a i ••r 0 a V I � a J �'•' t f a "j 4 K• z .+ C '• u 4 b v c' 1 'O f 'K t'. h d'[ v t t C 4 gy�p!,,,� W 'Ifo. �T 4 t �y sY ,iA N t .4 V f roa cd �Ywyy 7 CL A XX ° @ y