SECTIONS 29400-29409.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29400-29409.5

29400. The county shall prepare the local protection program for
the marsh. The local protection program shall be consistent with the
provisions of this division and the policies of the protection plan.

29401. Within the marsh the local protection program shall include,
but not be limited to, the following:
(a) Any amendments to general or specific plans applicable to any
area within the marsh necessary to bring such plans into conformity
with this division and the policies of the protection plan.
(b) Enforceable standards for diking, flooding, draining, filling,
and dredging of sloughs, managed wetlands, and marshes.
(c) Enforceable standards for operation of septic tanks and
wastewater discharges.
(d) A management program prepared by the Suisun Resource
Conservation District designed to preserve, protect, and enhance the
plant and wildlife communities within the primary management area of
the marsh, including, but not limited to, enforceable standards for
diking, flooding, draining, filling, and dredging of sloughs, managed
wetlands, and marshes.
(e) Zoning ordinances or zoning district maps, or both,
designating principal permitted uses on lands within the marsh, which
ordinances or maps shall designate the existing agricultural and
wildlife habitat uses of such lands as principal permitted uses of
such lands.
(f) Enforceable standards for development to ensure that any use
of deepwater industrial and port areas near Collinsville designated
on the Suisun Marsh Protection Plan Map is in conformity with the
policies of the protection plan.
(g) Enforceable standards for the design and location of any new
development in the marsh to protect the visual characteristics of the
marsh and, where possible, to enhance views of the marsh.
(h) Enforceable standards for development designed (1) to minimize
soil erosion, especially during construction in areas of soil
instability, (2) to require special provisions for surface and
subsurface drainage, (3) to ensure that grading restores, rather than
disrupts, natural patterns and volumes of surface runoff, and (4) to
limit construction of impermeable surfaces over naturally permeable
soils and geologic areas, all to control erosion, sedimentation, and
runoff within the marsh.
(i) Enforceable standards for development adjacent to creeks and
watercourses to protect riparian habitat and to prevent waterway
modification or vegetation removal that increases sedimentation or
runoff in or into the marsh, to an extent that a significant, adverse
environmental impact will occur in the marsh.

29402. Outside the marsh, but within the watershed, the local
protection program shall include only ordinances controlling grading,
erosion, sedimentation, runoff, and creekside development that meet
the requirements of subdivisions (h) and (i) of Section 29401.

29403. Within the marsh, in addition to the requirements of
Sections 29400 and 29401, the component of the local protection
program prepared by the county shall include the following:
(a) A determination of the minimum size parcels necessary for
long-term agricultural use and productivity.
(b) Enforceable standards limiting or prohibiting land divisions
or other development that are inconsistent with protection of the
marsh and continued agricultural use.
(c) Enforceable standards precluding agricultural uses by type and
intensity that are inconsistent with the long-term preservation of
the marsh.
(d) Limitations on special assessments against agricultural lands
for the provision of public services, the demand for which is not
generated by agricultural uses on such lands.

29404. Notwithstanding the provisions of Section 29403, the local
protection program may not include any provision requiring particular
crops to be planted and harvested on agricultural lands within or
adjacent to the marsh or particular types or numbers of livestock to
be grazed on such lands.

29405. Notwithstanding the provisions of Sections 29400, 29401,
29402, and 29403, the local protection program for that portion of
the secondary management area west of State Highway Route 680 and
outside the city limits of the City of Fairfield as of January 1,
1977, may include only ordinances to be prepared by the county, in
cooperation with the City of Benicia, which control grading, erosion,
sediment, runoff, and creekside development and which meet the
requirements of subdivisions (h) and (i) of Section 29401. Such
ordinances shall take into consideration the seismic hazards and
unusually erodible and landslide-prone soils at this location, and
ensure that development, if any, in this portion of the secondary
management area will not cause increased sedimentation within the
marsh.

29406. Notwithstanding the provisions of Sections 29400, 29402, and
29403, the local protection program for the area that is located
east of State Highway Route 680, southeast of State Highway Route 80,
south of State Highway Route 12, and outside the marsh, and that is
also located within the City of Fairfield, or within the sphere of
influence of the City of Fairfield as such sphere of influence
existed on January 1, 1977, may contain only (1) zoning ordinances
implementing the land use designations of the Cordelia Area General
Plan Diagram as adopted by the City of Fairfield on September 17,
1974, and which is a part of the Central Solano County General Plan
and (2) ordinances controlling grading, erosion, sedimentation,
runoff, and creekside development that meet the requirements of
subdivisions (h) and (i) of Section 29401.

29407. Notwithstanding the provisions of Sections 29400, 29401, and
29403, the local protection program for that portion of the
secondary management area west of Shiloh Road and south of State
Highway Route 12 may not prohibit construction of reasonable
improvements (including construction of individual single-family
dwellings) related to the long-term continuation of existing
agricultural uses; nor shall the local protection program limit or
prohibit divisions of agricultural land within or adjacent to this
portion of the secondary management area if such divisions of land do
not affect long-term continuation of compatible agricultural uses
within, or adjacent to, the marsh.

29408. The local protection program shall not preclude the
continuation and expansion of existing nonagricultural uses on sites
in Section 11 or 12 of Township 4 North, Range 1 West, Mount Diablo
Baseline and Meridian, that were zoned for such uses as of January 1,
1977, and for the conduct of such uses so that they do not cause any
substantial, adverse impact on the marsh. The local protection
program shall also provide that any other use of these sites in the
future shall be compatible with the preservation of the marsh and its
wildlife resources.

29409. Notwithstanding the policies of the protection plan, the
local protection program may not preclude the future development of a
new solid waste disposal site in the Potrero Hills if it can be
demonstrated that the construction and operation of solid waste
facilities at that site would not have significant, adverse
ecological or aesthetic impacts on the marsh.

29409.5. The component of the local protection program prepared by
the Solano County Local Agency Formation Commission shall conform to
this division and the policies of the protection plan, which shall
govern its decisions. That component of the local protection program
shall be specifically designed to encourage continued long-term
agricultural use of lands within and adjacent to the marsh and
continued wildlife use of lands within the marsh.