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Land Use and Resource Management Plan for the Primary Zone of the Delta — Land Use

The Delta settlement pattern was historically, and remains to this day, closely associated with the rivers, sloughs, and waterways, and the agricultural land use. One incorporated city, Isleton and portions of Stockton, Rio Vista, and Pittsburg, exist in the Secondary Zone. Unincorporated communities lie along the Sacramento River in the Primary Zone including: Clarksburg, Courtland, Hood, Locke, Walnut Grove, and Ryde. The towns served as social and service centers for the surrounding farms and historically served as shipping sites for products.

In the Primary Zone, County General Plans and zoning ordinances all designate the Primary Zone primarily for agriculture. Within the agricultural zones, recreation, wildlife habitat, and nature preserves can be approved. The minimum parcel sizes vary within the five counties ranging from five acre minimum parcels (Contra Costa and Yolo Counties) to 160 acre minimum parcels (Solano County: non-irrigated and Yolo County: non-irrigated and under Williamson Act contract). Some Counties link minimum parcel size to soil type (Sacramento County) and some to "farmable unit" (Solano County). These variations show the difficulty in developing a universal definition or minimum parcel size to protect lands designated Agriculture in the General Plans.

This Plan seeks to retain the existing land use patterns in the Primary Zone--extensive agriculture lands serviced by the existing communities. While agricultural support facilities can be constructed in the agricultural areas, other future growth and development should be directed to the sites in the existing communities which were so designated as of January 1, 1992.

Significant acreage in the Primary Zone have been purchased in the last few years by state, federal, and non-profit agencies for enhancement and management as wildlife habitat. In addition, the Ports of Sacramento and Stockton own several thousand acres along their shipping channels. The State Department of Parks and Recreation owns several hundred acres of land and several thousand more of water for recreational purposes. The Department of Water Resources (DWR) has announced its intention to acquire both Sherman and Twitchell Islands, totaling 13,500 acres to protect the integrity of the levee system, develop wildlife habitat, and to control soil oxidation and subsidence. In addition, DWR owns Clifton Court Forebay and other lands associated with the State Water Project. Federal entities own land on the tip of Grand Island and near the Delta Cross Channel.

Changes in land use from agriculture are proposed on several islands covering several thousand acres. Both Twitchell and Sherman Island may be converted to year-round wildlife habitat. Stone Lakes Wildlife Refuge will acquire some lands for conversion to wildlife habitat. Medford Island is now a mitigation bank, managed for both agriculture and wildlife habitat. Prospect Island may be converted to wildlife habitat. The proposed Delta Wetlands project would convert four islands totaling 20,000 acres into two reservoirs and two wildlife habitat areas. A 3,000 acre area within the Yolo Bypass will be converted from agriculture to year-round wetland. Other projects propose Primary Zone lands be acquired for upland disposal of treated wastewater and biosolids, and for mitigation of environmental impacts.

Goals: Protect the unique character and qualities of the Primary Zone by preserving the cultural heritage and strong agricultural base of the Primary Zone. Direct new residential, commercial, and industrial development within the existing communities as currently designated and where appropriate services are available.

Land Use Findings:
  • F-1. Delta history is closely linked with the rich agricultural heritage of the State. The patterns of settlement reflect the history of immigration into the State in the late 19th century. The rural communities of the Delta reflect the diverse heritage of the Delta, and the independence of country living.
  • F-2. The legal Delta covers 738,239 acres. The Primary Zone is 487,625 acres with about 50,000 acres of water area. Approximate percentages are: Contra Costa: 8%; Yolo: 10%; Solano: 16%; Sacramento: 28%; and San Joaquin: 38%.
  • F-3. The five Delta counties--Solano, Yolo, Sacramento, San Joaquin, and Contra Costa--designate Primary Zone lands for agriculture or special Delta resources in their respective General Plans.
  • F-4. The zoning codes allow a variety of uses in the Primary Zone: agriculture; outdoor recreation; wildlife habitat; public facilities; and limited areas for commercial, industrial, and rural residential development. The parcel sizes specified in the General Plans and zoning codes range from 160 to 5, with most of the Primary Zone in the 80 to 20 acre minimum parcel sizes.
  • F-5. The majority of the lands in the Delta area, before they were reclaimed, consisted of tidelands, submerged lands, and swamp and overflowed lands passed by the United States to California in 1850. The State asserts that some lands now believed to be in private ownership remain subject to a public trust easement, held by the State for the benefit of all its people, and further, that some such lands never passed from State ownership. This uncertainty in some private titles may be resolved on a case-by-case basis by agreement or litigation between the landowner and the State. Unresolved uncertainties in title related to State assertions of public trust ownership may create a cloud on private title which limits the ability of private owners to finance their operations. Adequate financing of private enterprises is essential to maintenance of the economy of the area which in turn supports the essential long-term maintenance of Delta resources and levees. A resource management plan designating land uses for private and public trust lands and addressing public trust purposes and needs, including agricultural land uses, wildlife and aquatic habitat, recreation, open space, water-related commerce, and navigation, would minimize the need for resolving title disputes through boundary settlements or litigation.
  • F-6. The two Delta ports, Sacramento and Stockton, own hundreds of acres of land along their respective shipping channels. Some of these lands are used for dredge materials disposal; some have been or will be used for mitigation sites to create new wetland habitat to offset losses suffered in construction or operation of the shipping channels.
  • F-7. The East Bay Regional Park District (EBRPD), which serves as the park department for Contra Costa County, has been active in preparing recreation and access plans along the Delta waterfront in Contra Costa County. EBRPD manages much of Browns Island, a habitat area, and is planning to acquire land in the Big Break/Jersey Island area to provide recreation facilities.
  • F-8. The State Department of Parks and Recreation has operated Brannan Island since 1954. The Department also owns Frank's Tract (flooded); Delta Meadows, a scenic waterway near Locke popular with boaters; and over 1,000 acres in the proposed Stone Lakes Wildlife Refuge. Ownership in Primary Zone: approx. 5,000 total acres/1,500 land.
  • F-9. The Department of Water Resources (DWR), the agency which operates the State Water Project, owns the Clifton Court Forebay, a water area adjacent to the beginning of the California Aqueduct. As part of the State's goals to protect the integrity of the Delta islands, DWR has purchased most of Twitchell Island (3,500 acres) and plans to acquire most of Sherman Island (10,000 acres) to control subsidence and protect the levees. DWR proposes to convert the agricultural lands to wildlife habitat. A national expert has completed studies on the habitat values. DWR owns additional lands, some managed by Department of Fish and Game and some leased to farmers.
  • F-10. The Department of Fish and Game owns 8,080 acres of land in the Primary Zone. Some of that area is underwater in the Lower Sherman Island Wildlife Area. Another large parcel is 2,990 acres in the Yolo Bypass. The Department owns Woodbridge Ecological Reserve, Calhoun Cut Ecological Reserve, and Webb Tract Berms and Islands, along with several small islands.
  • F-11. Federal lands include Corps of Engineers dredge spoils disposal site on the southern tip of Grand Island, and Bureau of Reclamation land north of the Cross Channel.
  • F-12. Proposed land use changes in the Primary Zone are primarily purchase of private lands by State and federal agencies and private non-profit groups for enhancement for wildlife habitat. Proposed projects include:
    • Stone Lakes Refuge/U.S. Fish and Wildlife Service: 9,000 acres (18,000 acres total)
    • Twitchell Island/Department of Water Resources: approximately 3,500 acres
    • Sherman Island/Department of Water Resources: approximately 10,000 acres
    • Prospect Island/Trust for Public Lands: 1,228 acres
    • Yolo Basin Wetlands/Department of Fish and Game : 2,990 acres
  • F-13. Other projects will provide wildlife habitat as mitigation for new projects on privately owned land:
    • Medford Island/Private: 200 acres of mitigation bank
    • Palm Tract Mitigation for California-Oregon Transmission Line: 1,069 acres
    • Port of Sacramento/along deepwater channel: 420 acres of possible mitigation bank
  • F-14. The Delta Wetlands project would convert four islands from agricultural uses to two reservoirs and two agriculture/wetland islands:
    • 5,590 acres on Bacon Island (reservoir)
    • 5,517 acres on Webb Island (reservoir)
    • 5,910 acres on Bouldin Island (agriculture/wetland)
    • 3,014 acres on Holland Island (agriculture/wetland)
  • F-15. The Central Valley Habitat Joint Venture Implementation Plan, a joint public-private project, hopes to provide seasonal wetland habitat on privately-owned agricultural lands. The plan sets the following goals in the area which includes much of the legal Delta:
    • Restore 19,500 acres of land to wetlands.
    • Defer tillage on 13,026 acres of grain fields.
    • Winter flooding on 40,000 acres.
    • Set-aside lands on 16,288 acres.
  • F-16. Acquisition of farmed land, and subsequent retirement of that land,affects the economic base for farm support industries; the economic base for community business that rely on patronage from citizens working in farm or farm support industries; the tax and assessment base for special districts, county, and State; and existing wildlife use patterns which have adapted to agricultural land use patterns.
  • F-17. The highest quality wildlife habitat in the core Delta is the large open expanse of farmland, with a mosaic of small grain crop residues and shallow flooded fields, allowing wildlife to feed and rest.
  • F-18. Adverse environmental impacts of new development projects in and near the Delta are being mitigated through development and use of mitigation banks, such as Medford Island.
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.
  • P-2. 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.
  • 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.
  • 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.
  • P-5. Local government general plans shall address criteria under which general plan amendments in the Primary Zone will be evaluated under Public Resources Code Section 29763.5. Proposed amendments to local government general plans for areas in the Primary Zone shall be evaluated in terms of consistency of the overall goals and program of the Delta Protection Commission.
  • P-6. Subsidence control shall be a key factor in evaluating land use proposals.
  • P-7. Structures shall be set back from levees and areas which may be needed for future levee expansion.
  • 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.
  • P-9. The implementation of the policies contained in the resource management plan shall not be achieved through the exercise of the power of eminent domain unless requested by the landowner.
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.
  • 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.
  • 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.
  • 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.
  • 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.
  • R-6. Water reservoirs that are consistent with other uses in the Delta should be permitted.