title
Conduct a noticed public hearing to consider updates to development policies and regulations for the Suisun Marsh, which include: Adopting a resolution approving a Negative Declaration; Adopting a resolution amending General Plan (G-18-02) with policies pertaining to the Suisun Marsh; Adopting an ordinance amending Chapter 28 (Zoning Regulations); Introducing an ordinance amending Chapter 31 (Grading, Drainage, Land Leveling, and Erosion Control); and Adopting a resolution amending the Solano County Component of the Suisun Marsh Local Protection Program and transmitting the Local Protection Program to the Bay Conservation and Development Commission for certification
body
Published Notice Required? Yes __X _ No ___
Public Hearing Required? Yes __X__ No ___
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Conduct a noticed published hearing to consider updates to development policies and regulations for the Suisun Marsh;
2. Adopt a resolution approving a Negative Declaration of environmental impact for the project;
3. Adopt a resolution amending the Solano County General Plan (G-18-02);
4. Adopt an ordinance amending Chapter 28, Zoning Regulations, of the Solano County Code;
5. Introduce an ordinance amending Chapter 31, Grading, Drainage, Land Leveling, and Erosion Control, of the Solano County Code; and
6. Adopt a resolution amending the Solano County Component of the Suisun Marsh Local Protection Program and transmitting the Local Protection Program to the Bay Conservation and Development Commission for certification.
SUMMARY:
On August 28, 2012, the Solano County Board of Supervisors approved the 2012 Amendment to the Solano County component of the Suisun Marsh Local Protection Program. The 2012 Amendment was submitted to Bay Conservation and Development Commission (BCDC) for certification but was subsequently withdrawn by the County to consider further revisions in response to issues raised by the public during the Commission’s certification process.
The Board is now being asked to review and approve the 2018 Amendment to the Local Protection Program (LPP) which is, in large part, the 2012 Amendment along with policies and regulations that address the issues raised at the 2012 Commission meeting. Those comments included grading activities, Suisun Marsh policies and the beneficial reuse of a waste disposal site. A redlined version of the LPP is available upon request from the Clerk of the Board’s Office.
FINANCIAL IMPACT:
The costs for preparation of the 2018 Local Protection Program update is included in the Department of Resource Management’s Adopted Budget for FY2018/19. Staff does not expect to process a significant number of new Marsh Development and Conditional Use Permits due to development in the Suisun Marsh if the Board chooses to approve the 2018 Solano County Local Protection Program.
DISCUSSION:
The County is required to prepare and adopt a component of the LPP as required under the 1977 Suisun Marsh Preservation Act (Marsh Act) to implement the Marsh Act and the Suisun Marsh Protection Plan within the Suisun Marsh Management area. All agencies with jurisdiction within the Suisun Marsh are required to bring its policies, regulations, programs and operating procedures into conformity with the provisions of the Act and Protection Plan. Those agencies include the Cities of Benicia, Suisun City, and Fairfield, the Suisun Resource Conservation District, LAFCO, Mosquito Abatement District, and the County. So the combination of all land uses and development controls of the local agencies constitutes that agency’s component of the LPP.
The Suisun Marsh is composed of tidal marsh, wetlands, and waterways that are considered the Primary Management Area. BCDC serves as the land use permitting agency for major projects in the Primary Management Area, and serves as the appellate body with limited functions in the Secondary Management Area. The County is the primary land use permitting agency for projects in the Secondary Management Area.
Solano County is proposing to amend and update the County’s component of the Suisun Marsh Local Protection Program (LPP). The Suisun Marsh Management Area is shown in Figures SM-1 and SM-2 (pages 91-96 of the LPP). The County component of the LPP, as last certified by BCDC in 1999, is comprised of polices contained in the County General Plan and Solano County Code provisions that were in effect at that time. This includes requirements in the Zoning Code (Chapter 28), Drainage and Flood Control (Chapter 9), and Grading and Erosion Control (Chapter 31) of the Solano County Code as in effect in 1999.
The 2012 update to the County’s component of the LPP was prepared to implement various County actions taken since 1999 including relevant policies; adoption of the 2008 General Plan; updates to the Zoning Code; rezoning of the Water Related Industrial Reserve Area around Collinsville consistent with the 2008 General Plan; and County Code amendments consolidating Chapters 9 and 31 into a new updated Chapter 31 addressing grading, drainage, land leveling, and erosion control. The Board approved the 2012 LPP update on August 28, 2012, and the County submitted that update to BCDC for certification.
During BCDC’s certification process, several issues emerged that required consideration of further amendments to the text of the LPP to clarify the County’s policies and regulations for development in the Suisun Marsh. The County withdrew its certification request and the Department has prepared further revisions to the introductory text of the LPP, the General Plan, and Chapters 28 and 31 of the County Code, all of which together comprise the County’s component of the LPP. These further revisions include updating and clarifying existing polices which includes combining Suisun Marsh Policy 15 (SM.P-15) with Suisun Marsh Policy 13 (SM.P-13) (pages 30-47), since they both address the County’s grading ordinance, and renumbering the remaining policies. The County’s grading ordinance has been amended to address grading activities specific to the Marsh (pages 87 & 88). Another issue involves the post closure activities that Potrero Hills Landfill will be able to pursue. Landfill staff have been working with BCDC and County staff regarding text changes addressing acceptable post closure activities that the Landfill will be able to perform. Language has been revised (pages 53 & 54) under Footnote 5 of Table 28.22A of the Suisun Marsh Agricultural districts Table of Allowed Uses. The language provides the Planning Commission latitude to approve uses that are compatible with approved closure and/or post-closure plans for the site that will not subject occupants of the site, neighbors or the environment to risks associated with the disposed waste. Additional language was added to the Marsh Preservation district Table of Allowed uses to clarify that a use permit is required for marsh restoration activities only when dredge sediments are being used.
The existing wind energy policy adopted as part of the County’s General Plan in June 1982 and incorporated as part of the County’s LPP that same year would be retained as part of the County’s LPP with no amendments. Carrying the 1982 policy forward as part of the County’s LPP would not require an amendment to the existing LPP. As currently provided in Chapter 4 of the General Plan, wind turbines would continue to be prohibited in the primary management area. Within the secondary management area, wind turbine projects would need to demonstrate that they will not have a significant impact on the maintenance of the marsh in its present natural state, on Marsh wildlife and on the visual characteristics of the marsh. The 1982 policy contains a number of criteria to be followed in siting wind turbine projects within the Secondary Management Area to ensure projects are consistent with provisions of the Marsh Act and Marsh Plan. This policy was previously found by BCDC to be consistent with the Marsh Act and Marsh Plan as part of the County’s 1982 LPP.
Since the last amendment of the LPP, the Solano County Airport Land Use Committee has adopted a development standard within the Travis Air Force Base Airport Land Use Compatibility Plan that requires all wind turbines to be no higher than the “line of sight” as seen from the Travis AFB radar. This standard has effectively minimized pressure for new wind turbine projects in the County until such time that new technology addresses the radar impact issues.
California Environmental Quality Act (CEQA) Review
A Draft Initial Study and Negative Declaration was prepared for those elements of the Proposed 2018 Amendment to the Solano County Component of the Suisun Marsh Local Protection Program which have not already been adopted as General Plan policies or ordinances. The Initial Study and Negative Declaration were circulated through the State Clearinghouse with a 30-day review period. The review period ended on September 26, 2018.
Public Notice Requirement
Notice of this public hearing was published at least 30 days before the scheduled hearing in the Fairfield Daily Republic.
ALTERNATIVES:
The Board could choose to not approve the Proposed 2018 Amendment to the Solano County Component of the Suisun Marsh Local Protection Program and instead ask that BCDC certify the 2012 Amendment. This is not recommended because the 2018 Amendment clarifies and more accurately reflects the County’s policies and regulations for development in the Suisun Marsh.
OTHER AGENCY INVOLVEMENT:
The Bay Conservation and Development Commission is responsible for the statewide administration of the Suisun Marsh program. Staff has been working with BCDC staff to amend the County’s Component of the Suisun Marsh Local Protection Program. The County Administrator and County Counsel have reviewed this item and concur with the recommended action. The Airport Land Use Commission at its meeting of September 13, 2018 found the LPP consistent with the Travis Land Use Compatibility Plan. The Planning Commission at its meeting of September 20, 2018 recommended Board of Supervisors approval.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION