HomeMy WebLinkAboutMINUTES - 05182004 - C17 Contra
Costa
TO: BOARD OF SUPERVISORS County
FROM: DENNIS M. BARRY, AICP
Community Development Director �
DATE: May 18, 2004
SUBJECT: REPORT ON AB 2476, SPONSORED BY WOLK, SACRAMENTO-SAN JOAQUIN
DELTA AND THE DELTA PROTECTION COMMISSION
SPECIFIC REOUEST(S) OR RECOMMENDATION{S} & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
OPPOSE AB 2476, Sponsored by Asemblymember Wolk, on the Sacramento-San
Joaquin Delta, which would expend the composition, mandate and jurisdiction of the Delta
Protection Commission, as recommended by the Community Development Director.
FISCAL IMPACT
As yet undetermined financial impacts would occur to the County if this legislation were
enacted,through fees to be paid by the County to the Delta Protection Commission (some
or all of which may be passed down to the permit applicant), and through increased staff
time associated with additional permit responsibilities, and increased interaction with the
Commission.
CONTINUED ON ATTACHMENT: YES SIGNATURE
'RECOMMENDATION OF COUNTY ADMINISTRATOR x RECOMMENDATION OF BOARD COIVIMI EE
L.--w--APPROVE OTHER
SIGNATURES
� )s
ACTION OF BOARD N mmy 18, 2004 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT None AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Roberta Goulart (925) 335-1226) ATTESTED may 18, 2004
cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF
County Administrator's Office THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY € w €, a, , .# u U '' , DEPUTY
BACKGROUND/REASONS FOR RECOMMENDATIONS
As early as the late 1970"s and during thel 980's, Contra Costa County sat on the Delta
Advisory Planning Council (DAPC), a group comprised of the five Delta Counties which
met monthly to discuss issues of mutual concern. In the early 1990's Senator Pat
Johnson, concerned over the potential for significant development leap-frogging into the
Delta, introduced legislation that was later passed, creating the Delta Protection Act of
1992. The Act provided for a more formal entity, the Delta Protection Commission.
The Commission's mandate provided for the protection of agricultural areas, creation of
recreation opportunities and habitat protection in the Delta proper, delineated as the
Primary Management Zone (PMZ), the core of the Delta. A Secondary Management
Zone was also created on the periphery, over which the Commission had no control.
The two zones together comprised the legal, statutorily defined Delta, Contra Costa
County, with the other four delta counties, has a seat on the Delta Protection
Commission. The Commission produced a Land Use and Resource Management Plan
for the Primary Management Zone, and each county and city within the PMZ had to
become consistent with it, by amending it's General Plan. The Commission, with the
completion of the Resource Management Plan, and establishment of consistency with
the Plan on the part of the land use agencies in the Delta, had essentially completed it's
mission. Since that time, the Commission continues to meet, and has remained active
relative to its core issues of agricultural protection (primary), and recreation and habitat
protection to lesser degrees. In recent years, County participation has been minimal,
due to the heavy agricultural bent of the Commission in the larger Delta, while
unincorporated agricultural lands in this County are not largely impacted, due to
protection of the agricultural core, the urban limit line and to a limited extent, the
Agricultural Land Trust.
AB 2476
Recently, legislation was introduced by Assemblymember Wolk, which revises the
Commission's composition, increasing citizen participation and eliminating most state
agencies. Each of the five delta counties would maintain a seat on the Commission.
The legislation vastly increases the Commissions powers and duties, allowing the
Commission authority over lands in the Secondary Management Zone, where
development could affect the Primary Management Zone. The legislation would require
the Commission to collect fees from Counties and Cities to allow development in those
Secondary Management Zone areas. Under this legislation the Commission would
have authority over (among other things) implementation of habitat acquisitions and
conservation easements, multiobjective flood control, habitat restoration, agricultural
land conservation, levees, fisheries, wetlands, water quality, non-point source pollution,
water reservoir development, and coordinated marine patrol.
The recommendation to oppose is offered for a number of reasons. First, should the
legislation move forward, the revised composition of the Commission would not be
consistent with the level of responsibility placed on it. It would be difficult for the
Commission to deal with the size and complexity of the tasks as enumerated in the
legislation. In addition, the legislation removes as voting members, the very relevant
state agencies which have served this Commission faithfully for over a decade.
Second, this would establish an additional layer of administrative redundancy related to
the tasks as defined, as there are a large number of agencies already dealing with
these issues. For example, CALFED has been tasked with addressing water quality,
reliability and ecosystem restoration in the Delta (CALFED being comprised of all of the
relevant agencies, with support from stakeholders, as well as state and federal funding).
There are several state and federal agencies with authority over reservoir permitting.
Each of the five Delta counties have existing departments and expertise to deal with
flood control issues. All of the five Delta Counties have completed or will complete
Habitat Conservation Plans (RCP's), which address preservation (and strengthening) of
2
species, and addressing mitigation requirements of development specific to species
and habitat need in the region, In addition, it would be difficult for the revised
Commission as outlined to dictate land use policy and mitigation specifics to the cities
and counties.
Third, the issue of Commission authority over the Secondary Management,done is
directly in conflict with the rationale and intent of the Commission when the 1992 delta
Protection Act was enacted. At that time, substantial work was completed by Senator
,Johnson and his staff, working with a large number of stakeholders (including the
County) to place the boundaries to protect the delta while allowing development to
occur in outlying (Secondary Management Zone) areas. (The boundary between the
Primary and Secondary Zones is consistent with the County's Urban Limit bine. The
Secondary Management Zone covers much of east county, including Pittsburg, Antioch,
Hotchkiss Tract, Brentwood, Syron and discovery Bay). To allow the Commission to
have authority over the Secondary Zone would have a potentally
significant impact on the County's (and cities) permitting authority and would install an
additional bureaucratic layer impacting applicants and the time constraints placed upon
the County by other regulations such as the Permit Streamlining Act. The Commission
currently has the ability to comment on development occurring in the Secondary Zone
areas.
Finally, the legislation would require fees to be paid to the Commission for development
occurring in the Secondary Management Zone, which could be used for staff or other
sunoort of the Commission, As mentioned above, the County is in the process of
developing an HCP which will provide appropriate mitigation fees for mitigation
purposes. There are other agencies such as the State Department of Fish and Game
and the U.S. Fish and Wildlife service that provide this mitigation expertise, and have
provided this expertise to the County in development of the MCP.
Dote: in a separate budget action, Assemblymember Wolk has recommended to the
Assembly Budget Committee that the delta Counties pay half of the delta Protection
Commissions budget, with the state continuing to pay the other half of the
approximately $300,000 budget for I`Y04/05.
3
AB 2476 Assembly Bill - AMENDED Page 1 of 9
BILL NUMBER: AB 2476 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 26, 2004
AMENDED IN ASSEMBLY MARCH 23, 2004
INTRODUCED BY Assembly Member Wolk
FEBRUARY 19, 2004
An act to amend Sections 29702, 29703, 29705, 29706, 29707, 29735,
29741, 29753, 29756, 297556.5, 29760, 29761, 29762, 29763, 29763.5,
29764, 29765, 23771., 29776, and 29777 of, to add Sections 29740.5 and
29765.5 to, and to repeal Section 29761.5 of, the Public Resources
Code, relating to the Sacramento-San Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
AB 2476, as amended, "Volk. Sacramento-San Joaquin Delta.
(1) Existing law creates the De .ta Protection Commission and
specifies that the membership includes, among others, one member from
each of the 5 different reclamation districts located within the
prirn.ary zone who is a resident of the delta and elected by the
trustees of the reclamation districts, and the Director of Parks and
Recreation, the Director of Fish and Game, the Director of Food and
Agriculture, the y„_—T,Q Executive
Officer of the State Lands Commission, the Director of Boating
and Waterways, and the Director of Mater Resources, or their
designees. Existing law also authorizes each reclamation district to
nominate one director to be a member of the commission.
This bill would, instead of the members specified above, require
membership of the commission to include 2 members who are
representative of agricultural interests, 2 members who are
representative of environmental interests, 2 members who are
representative of recreation interests, 2 members representing
reclamation districts, the public member of the California
"., n-14Eay-Delta Authority appointed by the
Governor to represent the Sacramento and San Joaquin River Delta
Region, the Secretary of the Resources Agency or the secretary's
designee, and the Secretary of Food and Agriculture or the secretary`
s designee. The bill would also add specified nonvoting members to
the commission.
The bill would also revise certain legislative findings relating
to the delta.
(2) Existing law vests the commission with various powers and
duties relating to the delta. Existing law requires local
governments to undertake various actions with respect to the delta.
The bill would revise some of the commission's powers and duties
by, among other things, requiring the commission, by October 1, 2006,
to identify lands within the secondary zone, that, if developed,
would have an impact on the primary zone, and would expand the
commission's authority, and local governments' duties, with respect
to those lands within the secondary zone. By expanding local
governments` duties, the bill would impose a state-mandated local
program.
The bill would also provide that a change or update to the
resource management plan adopted, reviewed, and maintained by the
commission may be approved by the commission only after at least 3
http://www.leginfd.ca.gov/pubfbill/asm/ab 2451-2500/ab_2476_bill_20040426_ar ended—... 5/11/2004
AB 2476 Assembly Bill -AMEN-DED Page 2 of 9
public hearings, as specified.
(3) Existing saw requires the Director of State Planning and
Research to submit to the commission comments and recommendations on
the resource management plan, before the commission adopts the plan.
The bill would also require the director to submit comments to the
commission before the pian is updated.
(4) Existing law authorizes a person to appeal to the commission
from specified actions by a local government or local agency with
res-pect to the delta. If an appealed action is remanded by the
commission to the local government or local agency, existing law
authorizes the local government or local agency to modify the
appealed action and resubmit the matter for review by the commission.
This bill would require, rather than authorize, the local
government or local agency to modify the appealed action and resubmit
it to the commission for review, thereby imposing a state--mandated
local program.
(5) Existing law creates the San Joaquin Delta Protection Fund in
the State 'Treasury and provides that any money in the fund is
available, upon appropriation by the Legislature, for support of the
cormmission in an amount not to exceed $250, 000 in any fiscal year.
This :Dill would delete the cap on the amount of money that may be
appropriated from the fund for support of the commission in any
fiscal year.
(6) The bill would require a local government's general pian
amendment for the secondary zone that results in the conversion of
agricultural land or habitat from a rural use to an urban
classification, to comply with specified mitigation requirements
relating to easements or fees for easements . By imposing
that requirement on local governments, the bill would impose a
state-mandated local program. The bill would require those fees
to be paid to the commission and deposited in the fund, as specified.
(7) The bill would make other related substantive and
nonsubstantive changes and delete obsolete provisions of law.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1, 000, 000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECT TON 1.. Section 29702 of the Public Resources Code is amended
to read:
29702. The Legislature further finds and declares that the basic
goals of the state for the delta are the following:
(a) Protect, maintain, and, where possible, enhance and restore
the overall quality of the delta environment and its historical
http://www.leginfo.ca.gov/t)ub/bill/asm/ab 2451-2500/ab_2476i bill 20040426_amended ... 5/1112004
AB 2476 Assembly Bill - AMENDED Page 3 of 9
importance, including, but not limited to, agriculture, wildlife
habitat, and recreational activities.
(b) Assure orderly, balanced conservation and development of delta
land resources.
(c) Improve flood protection by structural and nonstructural means
to ensure an increased level of public health and safety.
SEC. 2. Section 29703 of the Public Resources Code is amended to
read:
29703. The Legislature further finds and declares as follows:
(a) The delta is an agricultural region of great value to the
state and nation and the retention and continued cultivation and
production of ertile peatlands and prime soils are of significant
value.
(b) The agricultural land of the delta, while adding greatly to
the economy of the state, also provides a significant value as open
space and habitat for water fowl using the Pacific K yway, as well as
other wildlife, and the continued dedication and retention of that
delta land in agricultural production contributes to the preservation
and enhancement of open space and habitat values.
(c) Agricultural lands located within the primary zone should be
protected from the intrusion of nonagricultural uses in the secondary
zone.
SEC. 3. Section 29705 of the Public Resources Code is amended to
read:
29705. The Legislature further rinds and declares the following:
(a) The delta's wildlife and wildlife habitats, including
waterways, vegetated unleveed channel islands, wetlands, and riparian
forests and vegetation corridors, are highly valuable, providing
critical wintering habitat for waterfowl and other migratory birds
using the Pacific Flyway, as well as certain plant species, various
rare and endangered wildlife species of birds, mammals, and fish, and
numerous amphibians, reptiles, and invertebrates.
(b) These wildlife species and their habitat are valuable, unique,
and irreplaceable resources of critical statewide significance, and
it is the policy of the state to preserve and protect these resources
and their diversity for the enjoyment of current and future
generations.
(c) Wildlife habitat located within the primary zone should be
protected from the intrusion of nonagricultural uses in the secondary
zone.
SEC. 4 . Section 29706 of the Public Resources Code is amended to
read:
29706. The Legislature further finds and declares that the
resource values of the delta have deteriorated, and that further
deterioration threatens the maintenance and sustainability of the
delta`s agriculture, ecology, fish and wildlife populations,
recreational opportunities, historical importance, and economic
productivity.
SEC. 5. Section 29707 of the Public Resources Code is amended to
read:
29707. The Legislature further finds and declares that there is
no process by which state and national interests and values can be
protected and enhanced for the delta, and that, to protect the
regional, state, and national interests for the long-term
agricultural productivity, economic vitality, historic value, and
ecological health of the delta resources, it is necessary to provide
and implement delta land use planning and management by local
governments.
SEC. 6. Section 29735 of the Public Resources Code is amended to
http://www.leginfo.ca.gov/pub/bill/asm/ab-2451-2500/ab_2476 bill_20040426i_amen ed_... 5/11/2004
AB 2476 Assembly Bill - AMENDED Page 4 of 9
read:
29735. There is hereby created the Delta Protection Commission
consisting of 19 members as follows:
(a) One member of the board of supervisors of each of the five
counties within the delta whose supervisorial district is within the
primary zone shall be appointed by the board of supervisors of the
county.
(b) Three elected city council members shall be selected and
appointed by city selection committees, from regional and area
councils of government, one in each of the following areas:
(1) One from the north delta, consisting of the Counties of yo:llo
and Sacramento.
(2) One from the south delta, consisting of the County of San
Joaquin.
(3) One from the west delta, consisting of the Counties of Contra
Costa and Solano.
(c) Two members representative of agricultural interests (one of
whom shall be a landowner or represent landowners within the primary
zone) .
(d) Two members representative of environmental interests (one of
whom shall be a landowner or represent landowners within the primary
zone) .
(e) Two members representative of recreation interests (one of
whom shall represent historic preservation interests) .
(f) Two members representing reclamation districts within the
primary and secondary zones of the delta, chosen through a selection
process established by the five reclamation districts in the region.
(g) The public member of the California Bay-Delta Authority
appointed by the Governor to represent the Sacramento and San Joaquin
River Delta �L)Qlt-a-1-P (dei Lal Region.
(h) The Secretary of the Resources Agency, or the secretary's
designee.
(i) The Secretary of Food and .Agriculture, or the secretary's
designee.
SEC. 7. Section 29740.5 is added to the Public Resources Code, to
read:
29740.5. The director of each of the entities specified in
subdivisions (a) to (g) , inclusive, shall., and the director of each
of the entities specified in subdivisions (h) to (k) , inclusive, may,
designate an employee of the entity to participate as a nonvoting
member in the activities of the commission:
(a) Department of Parks and Recreation.
(b) Department of Water Resources.
(c) Department of Fish and Game.
(d) State Lands Commission.
(e) Department of Boating and Waterways.
(f) State Reclamation Board.
(g) Department of Conservation.
(h) United States Army Corps of Engineers.
(i) United States Natural Resources Conservation Service.
(J) United States Fish and Wildlife Service.
(k) National Marine Fisheries Service.
SEC. S. Section 29741 of the Public Resources Code is amended to
read:
29741. A1l of the commission's meetings shall be held in a city
within the delta.
SEC. 9. Section 29753 of the Public Resources Code is amended to
read:
29753. The commission may appoint advisory committees, as
http:/ www.leginfo.ca.gov/pub/bill/asni/ab_2451-2500/ab_2.47'b—bill 20040426—amended ... 5/11/2004
AB 2476 Assembly Bill - AMENDED Page 5 of 9
necessary, for the purpose of providing the commission with tamely
comments, advice, and information. The commission may appoint
committees from its membership or may appoint additional advisory
committees from members of other interested public agencies and
private groups. The commission shall seek advice and recommendations
from advisory committees appointed by local
governments that are involved in subject matters
affecting the delta.
SEC. 10. Section 29756 of the Public Resources Code is amended to
read:
29756. The commission may promote, facilitate, and administer the
acquisition of voluntary private and public habitat and agricultural
conservation easements in the delta.
SEC. 11. Section 29756.5 of the Public Resources Code is amended
to read:
29756.5. The coi-mmission may act as the facilitating agency for
the implementation of any programs for multiobjective flood control,
;pint habitat restoration or enhancement, or agricultural '.and
conservation, Located within the primary zone and secondary zone of
the delta.
SEC. 12. Section 29760 of the Public Resources Code is amended to
read:
29760. (a) (1) The commission shall review and maintain the
resource management plan for land uses within, and that may have an
impact on, the primary zone of the delta.
(2) On or before October ?, 2006, the commission shall identify
lands within the secondary zone, that, if developed, would have an
impact on the primary zone.
(b) The resource management plan shall meet the following
recuirements:
(1) Protect and preserve the cultural values and economic vitality
that reflect the history, natural heritage, and human resources of
the delta.
(2) Conserve and protect the quality of renewable resources.
(3) Preserve and protect agricultural viability.
(4) Restore, improve, and manage levee systems by promoting
strategies, including, but not limited to, methods and procedures
that advance the adoption and implementation of coordinated and
uniform standards among governmental agencies for the maintenance,
repair, and construction of both public and private levees.
(5) Preserve and protect delta dependent fisheries and their
habitat.
(6) Preserve and protect riparian and wetlands habitat, and
promote and encourage a net increase in both the acreage and values
of those resources on public Lands and through voluntary cooperative
arrangements with private property owners.
(7) Preserve and protect the water quality of the delta, both for
instream purposes and for human use and consumption.
(8) Preserve and protect open---space and outdoor recreational
opportunities.
(9) preserve and protect private property interests from
trespassing and vandalism.
(10) Preserve and protect opportunities for controlled public
access and use of public lands and waterways consistent with the
protection of natural resources and private property interests.
(11) Preserve, protect, and maintain navigation.
(12) Protect the delta from: any development that .results in any
significant loss of habitat or agricultural land.
(13) Promote strategies for the funding, acquisition, and
maintenance of voluntary cooperative arrangements, such as
http://www.leginfo.ca.gov/pub/bill/asm/ab_2451-2500/ab 2476_bill_20040426_amended ... 5/11/2004
AB 2476 Assembly Dill - AMENDED Page 6 of 9
conservation easements, between property owners and conservation
groups that protect wildlife habitat and agricultural land, while not
impairing the integrity of levees.
(14) Permit water reservoir and habitat development that is
compatible with other uses.
(c) The resource management pian shall not supersede the authority
of local governments over areas within the secondary zone that do
not impact the primary zone's resources.
(d) To facilitate, in part, the requirements specified in
paragraphs (8) , (9) , (10) , and (11) of subdivision (b) , the
commission shat include in the resource management plan, in
consultation with all law enforcement agencies having jurisdiction in
the delta, a strategy for the implementation of a coordinated marine
patrol system throughout the delta that will improve law enforcement
and coordinate the use of resources by all jurisdictions to ensure
an adequate level of public safety. The strategic plan shall
identify resources to implement that coordination. The commission
does not have authority to abrogate the existing authority of any law
enforcement agency.
(e) To the extent that any of the requirements specified in this
section are in conflict, nothing in this division shall deny the
right of the landowner to continue the agricultural use of the land.
SEC. 13. Section 29761 of the Public Resources Code is amended to
read:
29761. The Director of State Planning and Research shall submit
comments and recommendations on the resource management plan for the
commission's consideration, prior to the pan's adoption or update.
SEC. 14. Section 29761.5 of the Public Resources Code is repealed.
SEC. 15. Section 29762 of the Public Resources Code is amended to
read:
29762. A change or update to the resource management plan may be
approved by the commission only after at least three public
hearings, with at least one hearing held in a city in the north
delta, one hearing held in a city -'in the south delta, and one hearing
held in a city in the west delta.
SEC. 16. Section 29763 of the Public Resources Code is amended to
read:
29763. Within 180 days from the date of the adoption of the
resource management plan or any amendments, changes, or updates, to
the resource management plan, by the commission, all local
governments shall submit to the commission proposed amendments that
will cause their .general plans to be consistent with the criteria in
Section 29763.5 with respect to land located within the primary zone.
SEC. 17. Section 29753.5 of the public; Resources Code is amended
to read:
29763.5. The commission shall act on proposed local government
general plan amendments within 60 days from the date of submittal of
the proposed amendments. The commission shall approve the proposed
general plan: amendments by a majority vote of the commission
membership, with regard to lands within, or causing impact on the
resources of, the primary cone, only after making all of the
fol"+_owing written findings as to the potential impact of the proposed
amendments, to the extent that those impacts will not increase
requirements or restrictions upon agricultural practices in the
primary zone, based on substantial evidence in the record:
(a) The general plan, and any development approved or proposed
http://www.leginfo.ca.gov/pub/bill/asm/ab-2451-2500/ab_2476_bill 20040426—amended_... 5/11/2004
AB 2476 Assembly Bill - AMENTIMED Page 7 of 9
that is consistent with the general plan, are consistent with the
resource :management plan.
(b) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in wetland
or riparian loss.
(c) The general plan, and development approved or proposed that .is
consistent with the general plan, will not result in the degradation
of water quality.
(d) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in
increased nonpoint source pollution.
(e) The generai plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or reduction of Pacific Flyway habitat.
(f) The general plan, and any development approved or proposed
that is consistent with the genera'_ plan, will not result in reduced
public access, provided the access does not infringe on private
property sights.
(g) The general plan, and any development approved or proposed
that is consistent with the general plan, will not expose the public
to increased flood hazard.
(h) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
agricultural lands or increase the potential for vandalism, trespass,
or the creation of public or private nuisances on public or private
_and.
(i) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or impairment of levee integrity.
(j ) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
navigation.
(k) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in any
increased requirements or restrictions upon agricultural practices in
the primary zone.
(1) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in
degradation to the cultural or historical value of delta communities.
SEC. 18. Section 29764 of the Public Resources Code is amended to
read.
29764. This division does not confer any permitting authority
upon the commission or require any local government to conform its
general plan, or land use entitlement decisions, to the resource
management plan, except with regard to lends within, or that may have
an impact on, the primary zone. The resource management plan does
not preempt local government general plans for lands within the
secondary zone, except for those lands that have been identified as
lands that, if developed, would have an impact on the primary zone.
SEC. 19. Section 29765 of the Public Resources Code is amended to
read.
29765. Prior to the commission approving the general plan
amendments of the local government, the Local government may approve
development within the primary zone only after making all of the
following written findings on the basis of substantial evidence in
the record:
(a) The development will not result in wetland or riparian loss.
(b) The development will not result in the degradation of water
http://vvwv.leginfo.ca.govl-Fub/bill/asm/ab-2451-2500/ab-2476_bill_20040426 mended-... 5/11/2004
AB 2476 Assembly Bill -AMENDED Page 8 of 9
cua .ity.
(c) The development will not result in increased nonpoint source
pollution or soil erosion, including subsidence or sedimentation.
(d) The development will not result in degradation or reduction of
Pacific Flyway habitat.
(e) The development will not result in .reduced public access,
provided that access does not infringe upon private property rights.
(f) The development will not expose the public to increased flood
hazards.
(g) The development will not adversely impact agricultural lands
or increase the potential for vandalism, trespass, or the creation of
public or private nuisances on private or public land.
(h) The development will not result in the degradation or
impairment of levee integrity.
(i} The development will not adversely impact navigation.
,;; The development will not result in any increased requirements
or restrictions upon agricultural practices in the primary zone.
(k) The development will not result in degradation to the cultural
or historical value of delta communities.
SEC. 20. Section 29765.5 is added to the Public Resources Code, to
read:
29765.5. (a) A local government's general plan
amendment for the secondary zone that results in the conversion of
agricultural land or habitat from a rural use to an urban
classification shall be mitigated by either agricultural or habitat
conservation easements within the primary zone or areas of the
secondary zone that may impact the resources of the primary zone or
fees equal to the value of obtaining those easements. The mitigation
easements shall be in the amount of one acre for every acre of land
converted, or the fees charged for the value of obtaining those
easements shall be in the amount it would cost to obtain one acre of
easement for every acre of land converted.
(b) When a person applies to a public agency of a local government
subject to subdivision (a) .for a building permit, .license,
certificate, or other entitlement for use, all .fees required by
subdivision (a) shall be paid by the local government to the
commission and transmitted to the Treasurer for deposit in the
Sacramento-San Joaquin Delta Protection Fund.
SEC. 21. Section 29771 of the Public Resources Code is amended to
read:
29771. After a hearing on an appealed action, the commission
shall either deny the appeal or remand the matter to the local
government or local agency for reconsideration, after making specific
findings. Upon remand, the local government or local agency shall
modify the appealed action and resubmit the matter for review to the
commission. A proposed action appealed pursuant to this section
shall not be effective until the commission has adopted written
findings, based on substantial evidence in the record, that the
action is consistent with the resource management plan, the approved
portions of local government general plans that implement the
resource management plan, and this division.
SEC. 22. Section 29776 of the Public Resources Code is amended to
read:
29776. The Sacramento-San Joaquin Delta Protection Fund is hereby
created in the State Treasury. Any money in the Sacramento-San
Joaquin Delta Protection Fund is available, upon appropriation by the
Legislature, for support of the commission.
SEC. 23. Section 29777 of the Public Resources Code is amended to
read:
http://www.legilit-o.ca.gov/pub/bill/asm/ab_2451-25 30/ab_2476_bi11-20044426_a ended_... 5/11/2004
AB 2476 Assembly Bill - AMENDED Page 9 of 9
29777. The commission shall not incur costs in excess of the
amount of funds available for expenditure by the commission in any
fiscal year.
SFC. 24. Notwithstanding Section. 17610 of the Government Code, 7f
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section_ 17500) of Division 4 of Title 2 of the
Government Code. if the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1, 000, 000) ,
reimbursement shall be made from the State Mandates Claims Fund.
http:HNvv ov.leginfo.ca.gov/pub/bill/asm/ab-2451-2500/ab 2476;6111-20040426_amended_... 5/11/2004
5�a"��..`a.
� NIA, �
,OT,
ZE
tj
i�,a�'.�`�� w*�c`'2� , .sit £' ��"^"•���� s. `�� i.' ti�� ���
3. kms#.-U F': 7, �Y'`F• +�,'•� Lby n :-�. � ��;.A
•
t