PUBLICATIONS & ARTICLES

 PDF version of this publication
‹ Back to Publicatons

Appeals Filed With The Delta Protection Commission Challenging Yolo County's Approval Of The Old Sugar Mill Project
By Kari E. Fisher

On November 3, 2006, two appeals were filed with the Delta Protection Commission challenging the October 24, 2006 decision of the Yolo County Board of Supervisors in approving the Old Sugar Mill Specific Plan and related actions. The appeals argue that the Old Sugar Mill project, located in Clarksburg, California, conflicts with the Delta Protection Act.

Background: History of the Old Sugar Mill Project

The Town of Clarksburg is located in the southeast portion of Yolo County along the Sacramento River. A sugar beet processing facility, at the Old Sugar Mill site, was established in Clarksburg during the 1930's and ceased operation in 1993. Recently, a portion of the site was converted into a winery that buys grapes from surrounding farmers.

The Old Sugar Mill Specific Plan proposes the redevelopment of the 105.4 acres of the old sugar beet processing site. Specifically, 28.2 acres would be allotted for residential development, adding 162 new homes to the town. In addition, the plan allows for 24.7 acres of commercial uses, 29.7 acres of industrial uses, 5.7 acres of public uses, 3.2 acres of waterfront, and 3.9 acres of roads. The Specific Plan proposes the improvement of infrastructure for the purpose of serving the Specific Plan area, including a water system for domestic and fire protection, a storm drainage system, and a wastewater treatment system. Prior to Yolo County's approval of the Specific Plan and subsequent rezoning of the property, the 105.4 acre subject site was zoned as M-2 (Heavy Industrial). That previous zoning designation precludes some uses proposed by the Old Sugar Mill Specific Plan, including residential development.

Background: History of the Delta Protection Act

In September of 1992, the California Legislature declared that it is the policy of the State to recognize, preserve, and protect the irreplaceable natural resources within the Sacramento-San Joaquin Delta for the use and enjoyment of current and future generations. Recognizing urban encroachment's potential to significantly impact Delta resources, including agriculture, wildlife habitat, and recreation uses, the Delta Protection Act (Act) was adopted. The Act includes mandates for the designation of primary and secondary zones within the legal Delta, the creation of a Delta Protection Commission (Commission), and the completion of a Land Use and Resource Management Plan for the Primary Zone. The Commission's main goal is to preserve and enhance the overall quality of the Delta environment for agriculture, wildlife habitat, and recreational activities. The Commission works with local communities and governments, striving to protect existing land uses in the primary zone through balanced planning and continued implementation of the Resource Management Plan. The Commission's jurisdiction is limited to areas within the primary zone of the Delta and includes portions of five counties-Solano, Yolo, Sacramento, San Joaquin, and Contra Costa. In accordance with the Act, these local government's general plans are to provide for consistency with the provisions of the Resource Management Plan.

The Commission has the authority to hear appeals regarding land located exclusively within the primary zone, which allege that a local government's action is inconsistent with the Commission's Resource Management Plan, those portions of the local government's general plan that implement the Resource Management Plan, or other portions of the Delta Protection Act. Prior to the current appeals, the Commission has exercised its appellate review powers only once it its 14-year history. Under the Delta Protection Act and the Commission's applicable regulations (Cal. Code Regs., tit. 14,