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State
California Regulations
TITLE 14. NATURAL RESOURCES DIVISION 9. DELTA PROTECTION COMMISSION

database is current through 09/29/06, Register 2006, No. 39

s 20000. Purpose.
These regulations establish the procedures by which the Delta Protection Commission processes, considers and resolves appeals from local governmental decisions which are brought before the Commission under the provisions of Public Resources Code ss 29770-29772.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20001. Time for Appeal.
A person aggrieved by any action taken by a local government which falls within the criteria established in Public Resources Code s 29970(a) may file an appeal with the Commission within 10 calendar days of the date on which the pertinent local government has taken final action concerning the matter being appealed. For proposes of this section, "final action" means a decision of the local government that is final and not subject to any further review by any member or decision-making body of that local government.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20002. Contents and Filing of Appeal.
An appeal brought under these regulations shall be in writing and shall contain at least the following information:
a) the name and address of the appellant;
b) the name and address of the third party, if any, whose proposal is the subject of the appeal and the local government action being appealed;
c) a description of the proposal or development that is the subject of the local government action being appealed;
d) the identity of the local governmental body whose action is being appealed;
e) the specific ground(s) for appeal; and
f) a detailed statement of facts on which the appeal is based.
The appeal shall be considered "filed" with the Commission when the original letter from the appellant is received, determined by staff to contain all of the information listed above, and stamped "Filed" by the Commission with the date of filing indicated.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20003. Grounds for Appeal.
The grounds for appeal of a local government action shall be limited to those specified in Public Resources Code s 29770(a), i.e., that such action is inconsistent with the Commission's Resource Management Plan, those portions of a local government's general plan that implement the Resources Management Plan, or the Delta Protection Act.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.









s 20004. Commission Procedures Upon Receipt of Appeal.
Within five working days of receipt of an appeal, the executive director of the Commission shall:
a) post a notice and brief description of the appeal in a conspicuous location in the Commission office;
b) mail to the affected local government a copy of the same notice and brief description, together with a copy of the appeal document(s) filed with the Commission.
c) mail to the affected third party, if any, identified in s 20002(b) above a copy of the notice and brief description, together with a copy of the appeal document(s) filed with the Commission; and
d) mail copies of the notice and brief description to each member of the Commission.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20005. Effect of Appeal.
Upon receipt of a timely appeal, the executive director shall notify the affected local government and the third party, if any, identified in s 20002(b) above that the operation and effect of the local government's action has been stayed pending Commission action on the appeal as required by Public Resources Code s 29771. Upon receipt of an appeal, the executive director shall request that the affected local agency make available for inspection and copying all relevant documents and materials used by the local government in its consideration of the action being appealed. This information shall include the names and addresses of all persons who submitted written comments or testified before the local government regarding the matter being appealed. If the Commission fails to obtain access to the documents and materials on a timely basis, the Commission shall commence a hearing on the appeal as provided in s 20008, below, but shall leave the hearing open until all such relevant documents and materials are received and reviewed by the Commission.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20006. De Novo Review.
The Commission shall conduct a de novo review of the local government action being reviewed.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20007. Standard of Review.
The standard of Commission review of any appealable local government action shall be whether that action meets the requirements of Public Resources Code s 29770(a).


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20008. Hearing on Commission Jurisdiction/Appealable Issue.
a) The Commission's appellate review shall be conducted in a hearing composed of two sequential phases, held in accordance with the provisions of Public Resources Code s 29770. At the first available Commission meeting following filing of an appeal, but in no event more than 45 days thereafter, the Commission shall conduct an initial hearing and determine by majority vote whether the appeal;
i) raises issues not within the Commission's jurisdiction; or
ii) does not raise an appealable issue.
b) If the Commission finds either that the appeal raises issues outside the Commission's jurisdiction or that it fails to raise an appealable issue, the Commission shall dismiss the appeal. That dismissal constitutes final Commission action from which judicial review may be taken under Public Resources Code s. 29772.
c) The Commission shall make the determination set forth in subsection (a) only after Commission staff has presented a recommendation, orally or in writing, on the questions presented. Any written staff recommendation is a public record which shall be made available for public inspection at least five working days prior to the hearing.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20009. Hearing on Merits of Appeal.
Unless the Commission dismisses the appeal for the reasons set forth above, the Commission shall proceed to hear the appeal on its merits at the Commission's next available, regularly-scheduled meeting.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20010. Evidence and Hearing Procedures.
a) Hearings conducted by the Commission under these regulations shall be conducted in a manner deemed most suitable to ensure fundamental fairness to all parties concerned, and with a view toward securing all relevant information and material necessary to render a decision without unreasonable delay.
b) Hearings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a court proceeding. Unduly repetitious or irrelevant evidence shall be excluded upon order of the Commission or its chairperson.
c) Evidence before the Commission includes, but is not limited to, the record before the local government whose action is being appealed. Except in unusual circumstances, the record will not include a transcript of the local government proceedings unless provided by a party to the proceedings.
d) Any interested person may testify before the Commission regarding an appeal. Speakers' presentation shall be to the point and shall be as brief as possible. Visual and other materials may be used as appropriate. The Commission may establish reasonable time limits for presentation(s); such time limits shall be made known to all affected persons prior to any hearing. Where speakers use or submit to the Commission visual or other materials, such materials shall become part of the hearing record and shall be identified and maintained as such. Speakers may substitute reproductions of models or other large materials but shall agree to make the originals available upon request of the executive director.
e) Commissioners may ask questions of the appellant, the affected local government's representative(s), any affected third party(s) appearing at the hearing, staff or the Commission's legal counsel. Questioning of speakers at the hearing by other persons shall not be permitted except by permission of the Chairperson.
f) Interested persons may submit written comments concerning an appeal. Any such comments will be considered by the Commission if they are received by the Commission at or before the hearing on the appeal.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20011. Commission Decision on Merits of Appeal.
a) The Commission's determination on the merits of an appeal brought under Public Resources Code s 29770 shall be by majority vote.
b) The Commission's decision shall be deemed final upon the taking of the vote, unless the Commission directs that written findings be prepared for consideration by the Commission on a subsequent date. If such findings are prepared, the Commission action shall be deemed final upon the date the findings are adopted by the Commission.
c) Written Commission findings, if any, shall be prepared by staff and presented to the Commission for consideration at the next regularly-scheduled meeting following the Commission's vote on the merits of the appeal. The time for preparation of findings may be extended by the Chair in appropriate circumstances.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.







s 20012. Notification of Commission Action.
The Commission shall notify the local government, the appellant and the affected third party, if any, identified in s 20002(b) of each formal action taking by the Commission under ss 20008 and 20009. The notification shall be transmitted by the Executive Director within ten working days of the Commission's formal action.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.









s 20013. Ex Parte Contacts.
a) Decisions of the Commission on appeals heard under Public Resources Code s 29770 shall be based strictly on the evidence presented during the public hearing. The Commission shall not rely upon any communications, reports, staff memoranda, or other materials prepared in connection with a particular appeal unless those materials are made a part of the hearing record.
b) If commissioners receive written or oral communications from any person concerning a pending appeal outside the formal hearing process, they shall disclose, on the record and prior to a Commission vote on the appeal, both the existence and substance of the communications.


Note: Authority cited: Sections 29752 and 29770(b), Public Resources Code. Reference: Sections 29770-29772, Public Resources Code.








s 20015. Preparation of Draft Plan and Proposed Plan Amendments.
Commission staff shall prepare, or shall direct the preparation of, a draft Delta resource management plan. Commission staff shall prepare, or shall direct the preparation of, any proposed amendments to the Delta resource management plan. In addition to containing a description of standards, policies, and elements, for compliance with Public Resources Code Section 29760, the draft plan, and any proposed amendments to the plan, shall contain an analysis of potentially significant adverse environmental impacts which may result from the proposal, and an analysis of feasible alternatives and feasible mitigation measures to minimize any significant adverse environmental impacts from the proposal. The analysis shall address both short-term and long-term effects on the environment, and shall also address growth-inducing effects and potential cumulative impacts. If the analysis identifies significant adverse environmental impacts, it shall also include a statement describing public benefits which substantially lessen the significant environmental impacts of the proposal.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.








s 20016. Notice of Public Availability of Draft Plan and Any Proposed Amendments.
Commission staff shall provide notice of the availability of the draft plan, and any proposed amendments to the plan, for public review as follows:
(a) by mailing written notice to each Commission member, each agency represented by a Commission member, other agencies with jurisdiction by law over natural resources of the Delta, the Resources Agency, and any interested person, organization, or agency which has requested notice of the availability of the draft plan; and
(b) by publishing the written notice at least once in the newspaper of largest general circulation in the primary zone of the Delta. Such notice shall provide a public comment period of at least 30 days, and shall specify the date that the comment period closes. In addition to receiving written comments in response to the notice of public availability of the draft plan or proposed amendments, the Commission may hold public meetings and hearings to receive comments .


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.








s 20017. Consultation Requirements.
Commission staff shall consult with all public agencies which have jurisdiction, by law, over the activities or the natural resources addressed by the draft plan or any proposed amendments to the plan.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.










s 20018. Response to Comments.
Commission staff shall prepare a written summary and response to all environmental points raised during the review of the proposal. The written summary and response to environmental points shall be presented for consideration and approval by the Commission before, or no later than at the same time as, the plan or proposed amendment is considered for adoption by the Commission.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.








s 20019. Adoption of the Plan.
In addition to the procedures specified by the Delta Protection Act, before adopting the plan, or any amendments to the plan, the Commission shall determine whether the plan or amendment, as proposed, may result in significant adverse environmental impacts, and, if so, whether feasible alternatives or feasible mitigation measures would substantially lessen any significant adverse impacts. The Commission shall not adopt the plan or amendment, as proposed, if there are feasible mitigation measures or alternatives which would substantially reduce any significant adverse impacts. If significant adverse impacts will likely result even after the inclusion of feasible mitigation measures or alternatives, the Commission may adopt the plan or amendment if it first makes findings in accordance with the provisions of Public Resources Code Section 21081(c).


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 21081(c), 29760, 29763 and 29763.5, Public Resources Code.








s 20020. Notice to the Resources Agency.
Commission staff shall file notice of the Commission's adoption of the plan, and any amendment thereto, with the Secretary for Resources and with the State Clearinghouse in the Office of Planning and Research.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.










s 20021. Consideration of Local Plan Amendments.
(a) Upon receipt of local agency general plan amendments which are proposed in order to conform to Public Resources Code Section 29763.5 Commission staff shall prepare a staff report and recommendation to the Commission. The staff report shall include an analysis of the proposed amendments in comparison to the plan and an analysis identifying any potentially significant adverse environmental impacts resulting from the proposal which were not previously addressed in the commission's planning documents. If there are no new potentially significant effects identified, then the staff report shall so state. If new potentially significant environmental impacts are identified, then the staff report shall analyze such impacts, and shall identify feasible mitigation measures and feasible alternatives which would substantially reduce such impacts.
(b) Notice of the availability of the staff report and staff recommendation concerning local general plan amendments shall be provided in the same manner as notice is provided in accordance with the procedures set forth in Section 20016 of these regulations. Commission staff shall consult with all public agencies which have jurisdiction by law over the activities or resources affected by the proposed general plan amendments.
(c) Commission staff shall prepare a written summary and response to all environmental points raised during the Commission's evaluation of the proposed general plan amendments. The summary and response shall be presented to the Commission for consideration and approval prior to or at the same time as the Commission considers proposed general plan amendments for approval.
(d) In approving local general plan amendments the Commission shall follow the procedures set forth in Section 20019 of these regulations. Commission staff shall file notice of the Commission's approval of local general plan amendments with the Secretary for Resources.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 21080.5, 21080.22, 29760, 29763 and 29763.5, Public Resources Code.








s 20030. Overview.
(a) The Delta Protection Act of 1992 (Public Resources Code Section 29760 et seq.) requires the Commission to prepare and adopt and thereafter review and maintain a comprehensive long-term resource management plan for land uses within the Primary Zone of the Delta ( "resource management plan"). The resource management plan is to set forth a description of the needs and goals for the Delta and a statement of the policies, standards, and elements of the resource management plan. Within 180 days of the adoption of the resource management plan or any amendments by the Commission, all local governments, as defined in Public Resources Code Section 29725, shall submit to the Commission proposed amendments which will cause their general plans, as defined in Government Code Section 65300 et seq., to be consistent with the criteria outlined in Public Resources Code Section 29763.5 with respect to land located within the Primary Zone. The following regulations are the policies of the resource management plan. The regulations to not apply to other local agencies, as defined in Public Resources Code Section 29724, or to reclamation districts.
(b) The term "shall" in these regulations is mandatory; the terms "may", "should", and "can" are advisory.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code; and Section 13274, Water Code.








s 20040. Environment.
(a) 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.
(b) Agricultural and land management practices shall minimize subsidence of peat soils. Local governments shall support studies of agricultural methods that minimize subsidence and shall assist in educating landowners and managers as to the value of utilizing these methods.
(c) 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" (Public Resources Code Section 9408(c)) and "Natural Community Conservation Planning" (Fish and Game Code Section 2800 et seq.) should ensure full participation by local government and property owner representatives.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.








s 20050. Utilities and Infrastructure.
(a) 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.
(b) 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, as determined by the local governing body. Independent treatment facilities shall be monitored to ensure no cumulative adverse impact to groundwater supplies.
(c) New sewage treatment facilities (including storage ponds) and new areas for disposal of sewage effluent and sewage sludge shall not be located within the Delta Primary Zone. 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.
(d) 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 materials shall be located in central locations to serve Delta residents, visitors, and businesses.
(e) 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.
(f) 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.
(g) 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.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.








s 20060. Land Use.
(a) 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.
(b) Local government general plans, as defined in Government Code Section 65300 et seq., 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. 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.
(c) 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.
(d) 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.
(e) Local government general plans shall address criteria under which general plan amendments in the Primary Zone will be evaluated under Public Resources Code Section 29763.5. Proposed amendments to local government general plans for areas in the Primary Zone shall be evaluated in terms of consistency of the overall goals and program of the Delta Protection Commission.
(f) Subsidence control shall be a key factor in evaluating land use proposals.
(g) Structures shall be set back from levees and areas which may be needed for future levee expansion.
(h) 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.
(i) The implementation of the policies contained in the resource management plan shall not be achieved through the exercise of the power of eminent domain unless requested by the landowner.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.








s 20070. Agriculture.
(a) 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.
(b) Local governments, as defined in Public Resources Code Section 29725, 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 landowners maintain extensive levee systems, provide flood control, and have adequate drainage to allow the lands to be farmed.
(c) 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.
(d) 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.
(e) 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.
(f) 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. 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.
(g) Local governments shall 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 countywide or Delta-wide habitat management plan.
(h) Local governments shall 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.
(i) 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.
(j)(i) 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.
(ii) Local governments that pursue clustering or transfer of development rights shall proceed with adoption procedures to implement such programs as part of the local government implementation of the resource management plan.
(iii) 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 resource management plan.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.








s 20080. Water.
(a) Local governments shall ensure that salinity in Delta waters allows full agricultural use of Delta agricultural lands, provide habitat for aquatic life, and meet requirements for drinking water and industrial uses.
(b) Local governments shall ensure that 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 districts. (Each of the four vector control districts in the Delta provides specific wetland/mosquito management criteria to landowners within their district.)
(c) 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 (see Water Code Section 12310 (f)) Record of Decision dated August 8, 2000.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.








s 20090. Recreation and Access.
(a) Where public funds are limited, local governments shall promote maintenance and supervision of existing public recreation areas over construction of new public facilities.
(b) 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.
(c) 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.
(d) Local governments shall improve public safety on Delta waterways through enforcement of local, State, and federal laws.
(e) 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.
(f) Local governments shall support multiple uses of Delta agricultural lands, such as seasonal use for hunting, or improved parking and access sites.
(g) 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.
(h) 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. Use fees may be charged for the use of these facilities but such fees shall not exceed the cost of maintenance.
(i) Local governments shall encourage new recreation facilities that take advantage of the Delta's unique characteristics.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.








s 20100. Levees.
(a) Local governments shall ensure that Delta levees are 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.
(b) 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 developed by California Office of Emergency Services and the Federal Emergency Management Agency in the 1987 agreement, and set longer term goals of meeting Public Law 84-99 (Emergency Rehabilitation of Flood Control Works or Federally Authorized Coastal Protection Works), standards administered by the Corps of Engineers. 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.
(c) Through flood ordinances based on Flood Emergency Management Act model ordinances, developed by the International Conference of Building Officials and included in the Uniform Building Code, 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.
(d) Local governments shall ensure that 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.
(e) Local governments shall use their authority to control levee encroachments that are detrimental to levee maintenance.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.








s 20110. Marine Patrol, Boater Education, and Safety Programs.
(a) Local governments that have or plan to have marine patrols shall possess adequate marine patrol equipment to ensure communication with other county marine patrols, with State patrols on Delta waters, and with the Coast Guard.
(b) Local governments that have marine patrols shall notify the Coast Guard when and where patrols are on the water.
(c) Local governments that have marine patrol units shall participate in at least one Coast Guard, or Delta Protection Commission sponsored 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.
(d) Local governments that have or plan to have marine patrol, boater education, and/or safety programs shall develop methods for quick processing of intoxicated boat operators that would ensure that marine patrol staff remains on the water.
(e) Local governments that have or plan to have 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.
(f) Local governments that have or plan to have marine patrol, boater education, and/or safety programs shall develop funding and implementation strategies to remove abandoned vessels from county waterways to avoid pollution of Delta waters and remove hazards to navigation.
(g) Local governments that have or plan to have marine patrol programs shall coordinate with Department of Fish and Game to provide support in enforcement of State hunting and fishing laws.
(h) Local governments that have or plan to have marine patrol programs 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.
(i) Local governments that have or plan to have marine patrol, boater education, and/or safety programs 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.).
(j) Local governments that have or plan to have marine patrol, boater education, and/or safety programs shall implement or support education and safety programs to address local, state, and federal laws aimed especially at personal water craft operators and means to encourage attendance at such programs.
(k) Local governments that have or plan to have boater education programs shall implement or support boater education programs to address local, State, and federal laws and means to encourage attendance at such programs.
( l ) Local governments that have or plan to have marine patrol programs shall encourage and coordinate with volunteer programs within their jurisdiction as a way to supplement human resources on the Delta waterways.
(m) Local governments that have or plan to have marine patrol programs shall ensure that adequate funds are 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 personal watercraft, or from marina berths.


Note: Authority cited: Section 29752, Public Resources Code. Reference: Sections 29760, 29763 and 29763.5, Public Resources Code.