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On October 24, 2017, the Board of Supervisors approved the General Plan Biological Resources Policy Update Project and took the following actions:
The new Ordinance becomes effective on November 23, 2017 and the In-Lieu Mitigation Fee will take effect on December 23, 2017.Links to the Resolutions and Ordinance adopted and executed on October 24, 2017 including the Final EIR are below.
Resolution 127-2017 – Certifying the Final EIR Exhibit A – CEQA Finding of Fact Exhibit B – CEQA Statement of Overriding Considerations Exhibit C – Mitigation Monitoring and Reporting Program Final Environmental Impact Report, February 2017
Resolution 128-2017 – Adopting Amendment to General Plan Biological Resources Policies, Objectives, and Implementation Measures Exhibit A – El Dorado County General Plan Conservation and Open Space Element
Resolution 129-2017 – Adopting an Oak Resources Management Plan Exhibit A – Oak Resources Management Plan, September 2017
Resolution 130-2017 – Establishing an In-Lieu Mitigation Fee to Mitigate Impacts to Oak Woodland Areas and Individual Oak Trees
Ordinance No. 5061 - Adopting an Oak Resources Conservation Ordinance to Implement the Oak Resources Management Plan
May 6, 2008 - The Board of Supervisors adopted the Oak Woodland Management Plan (OWMP) and its implementing ordinance, to be codified as Chapter 17.73 of the County Code (Ord. 4771. May 6, 2008). The primary purpose of this plan is to implement the Option B provisions of General Plan Policy 220.127.116.11 and Measure CO-P. These provisions establish an Oak Conservation In-Lieu Fee for the purchase of conservation easements for oak woodland in areas identified as Priority Conservation Areas.
June 6, 2008 - A lawsuit was filed in El Dorado Superior Court against the Oak Woodland Management Plan.
February 2, 2010 - The Court ruled to uphold the Board's action to adopt the Plan. However, on appeal, the Appellate Court over-ruled that decision, remanding the case back to Superior Court, with the direction to require the County to prepare an Environmental Impact Report for the OWMP.
September 4, 2012 - The OWMP was rescinded (Resolution 123-2012) and its implementing ordinance was rescinded on
September 11, 2012 (Ord. No. 4892). For the time being, only Option A of Policy 18.104.22.168 is available to mitigate impacts to oak woodlands.
September 24, 2012 - The Board directed staff to prepare a Resolution of Intention to amend the Conservation of Biological Resources section of the Conservation and Open Space Element of the General Plan and their related Implementation Measures. The Board also directed staff to prepare a Request for Proposal to hire a consultant to assist the County to prepare the policies and Environmental Impact Report (EIR).
October 30, 2013 - The Community Development Agency (CDA) conducted a Statement of Qualification (SOQ) solicitation for consultants who could provide professional services to the County necessary to consider appropriate amendments to General Plan biological policies. The County received 5 responses to the SOQ. Staff reviewed and ranked all responses received. The top 2 consultants were then interviewed by staff. As a result of this process, Dudek was identified as the consultant most qualified to provide the requested services.
March 11, 2014 - The Board approved staff’s recommendation to hire a contractor to prepare policy analysis and an Environmental Impact Report for a General Plan Amendment to amend several General Plan polices related to biological resources. On March 19, 2014, Agreement 425-S1411 was executed with Dudek in the amount of $377,100 for a term of three years to proceed with a program to review several General Plan policies related to biological resources
July 28, 2014 - Dudek (Consultant) presented to the Board a summary of the historical background and current status of the County's General Plan biological policies and related Implementation Measures. Broad policy options were also presented with an analysis of the pros and cons of each option and examples of how the potential updated policies would be implemented for several hypothetical development scenarios.
October 7, 2014 - The Board held a workshop to follow up on what was discussed on July 28, 2014 in regards to the history and status of the County biological policies. The Board directed staff to begin the process of moving forward with Policy Option 3: Mitigation/Conservation Approach in the Policy Options Memo (see Attachment 6C on Board Agenda for 10/07/2014, Item 22).
November 21, 2014 - Staff presented the Board with three potential processing approaches to prepare an Environmental Impact Report to evaluate the existing Oak Woodland Management Plan. The Board selected Approach A (Mitigation/ Conservation Option with limited public outreach) which can be performed within the existing Agreement with only a minor amendment to the Scope of Work necessary to revise the public outreach task.
January 13, 2015 - Dudek presented the Board with the Decision Points memo and project timeline and addressed Decision Point No. 1 regarding re-analysis of the oak woodland mitigation in-lieu fee amount as previously adopted in the 2008 OWMP to ensure consistency with current State law. The Board approved the proposed project schedule which included a series of five public workshops with the Board.
The Board workshops were held on
January 26, February 23, March 30, May 18 and June 22, 2015. Workshop materials were available in advance on this project webpage. Live web streaming of the workshops was also available on the County online Agenda calendar:
https://eldorado.legistar.com/Calendar.aspx. The workshop materials are posted in the Board Agenda Item/Workshop Attachments tab.
June 22, 2015 - The Board adopted Resolutions
109-2015 and directed staff to: consider project alternatives as part of the environmental review process including: 1) Adding oak resource retention standards; 2) Options for Individual Oak Tree (IOT) replacement mitigation (e.g. acorn to 15 gallon potted tree) and associated analysis of the implications for the In-lieu Fee Nexus study based on these options, and 3) Oak resource mitigation requirements related to discretionary and ministerial projects.
July 14, 2015 - The Board adopted revised
ROI 118-2015 which supercedes
ROI 108-2015 which was revised to more accurately reflect the proposed amendments to General Plan Chapter 7 - Conservation and Open Space Element presented and discussed on June 22, 2015.
July 17, 2015 - The County released a Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for a 30-day public review period. The comment period closed on August 17, 2015. Comments submitted during the NOP review period are posted on the Bio Policy Update main page.
August 13, 2015 - A public scoping meeting was held during the Planning Commission's regular meeting to receive comments on the scope and content of the Draft EIR. The deadline to submit comments was 5:00 p.m. on August 17, 2015.
September 29, 2015 - Following consideration of comments on the original NOP and proposed project, the County Board of Supervisors (Board) approved several revisions to the draft Oak Resources Management Plan (ORMP) and directed staff to release a revised NOP, along with the revised draft ORMP.
November 23, 2015 - The County released a revised Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for a 30-day public review period. Since the Board approved several revisions to the proposed project and draft ORMP, the County chose to release this revised NOP to allow for additional public comment. Although not required by CEQA, it was done to be as open and transparent as possible. All comments received on the first NOP will still be considered and will be part of the administrative record. No additional Board workshops are planned prior to the release of the Draft EIR. The original NOP was released on July 17, 2015. The revised NOP and revised draft ORMP are posted under Supporting Documents.
June 30, 2016 – The County released a Notice of Availability of a Draft Environmental Impact Report (EIR) for a 45-day public and agency review period. The deadline to submit written comments was on August 15, 2016.
August 11, 2016 – The Planning Commission held a public hearing to receive comments on the Draft EIR and on the Draft Oak Resources Management Plan.
October 25, 2016 – The Board approved the Second Amendment to Agreement 425-S1411 with Dudek increasing compensation by $110,000, including $51,221 retroactively, for a new not-to-exceed amount of $511,700, to cover increases in the scope of work for the Environmental Impact Report for the General Plan Biological Resource Policy Update.
March 7, 2017 – The Board approved the Third Amendment to Agreement 425-S1411 with Dudek, increasing the term of the Agreement by one year to complete the scope of work for the Environmental Impact Report (EIR) for the General Plan Biological Resources Policy Update with no increase to the not to exceed amount.
March 8, 2017 – The County released a Final EIR for this Project. The EIR consists of the Final EIR and the Draft EIR (incorporated by reference in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15132). The Final EIR contains the public and agency comments received on the Draft EIR. All written comments received during the public review period (June 30, 2016 through August 15, 2016), and responses to each of those comments, are included in the Final EIR. The Final EIR also includes those pages from the Draft EIR and its appendices that have been revised in response to comments. To view the EIR,
April 27, 2017 – The Planning Commission held a public hearing to receive comments on the proposed Project, Final EIR, and to prepare recommendations for the Board to consider. The Commission recommended approval of staff’s recommended actions, including six additional recommendations to forward to the Board.
June 27, 2017 – The Board approved the Fourth Amendment to Agreement 425-S1411 with Dudek, increasing compensation by $34,800, including $25,100 retroactively for work completed on Task C-5, Final EIR, between January 3 and March 8, 2017, and Task C-6, Planning Commission Hearing and Board Approval, between March 8 and June 9, 2017, for a new not-to-exceed amount of $546,500, with no required change in term, to cover increases in the Scope of Work for the General Plan Biological Resources Policy Update and preparation of an EIR.
July 18, 2017 – The Board held a public hearing on the proposed Project and EIR, and to consider the Planning Commission's additional recommendations, and other modifications to the proposed Oak Resources Management Plan and implementing ordinance. After closing the public hearing, the Board deliberated and voted to approve certain changes and directed staff to incorporate the changes into the final documents for Board adoption and continued this matter to September 12, 2017.
September 12, 2017 – The Board redirected staff to remove two proposed changes (exclusion of Live Oaks from the definition of Heritage Tree and modification of the Personal Use Exemption) made by the Board on July 18, 2017. The Board also directed staff to return to the Planning Commission on September 28, 2017 modifications to the proposed Ordinance that were not previously considered by the Commission and to continue this matter to October 10, 2017.
September 28, 2017 – The Planning Commission recommended approval to the Board of Supervisors of proposed modifications to General Plan Measure CO-K and to the proposed Oak Resources Conservation Ordinance presented by staff (Legistar File 17-0937, Attachment 2D) with additional modifications (underlined) to Section 130.39.050(J), Exemption for Personal Use: “Removal of a native oak tree, other than a Heritage Tree or
individual valley oak trees and valley oak woodlands…”
October 10, 2017
– The Board continued this matter to October 24, 2017 in order to hold a limited public hearing to receive public comment only on the proposed modifications to the proposed General Plan Amendment and Ordinance that were considered by the Planning Commission on September 28, 2017.
October 24, 2017 -
The Board held a
limited public hearing to consider the Planning Commission’s recommendation and receive public comment only on proposed modifications to General Plan Measure CO-K and the proposed Oak Resources Conservation Ordinance that were considered by the Planning Commission on September 28, 2017 (Legistar File 17-0937). After the close of the
limited public hearing, the Board certified the Final EIR and approved the overall Project.
Scope of Work
The proposed scope of work breaks the process into two major phases. Phase 1 includes development of the General Plan Resolution of Intention (ROI) that will be brought to the Board for review and approval prior to commencing with Phase 2. The ROI will clarify the proposed amendments to several biological policies based on Board direction and will form the basis for the work in Phase 2. Phase 2 includes preparation of the Environmental Impact Report which will then lead into the required public hearings for the General Plan Amendments.
The proposed scope of work also explains in more detail the overall County goals for the update of the biological policies. One issue of importance is that the process outlined above is designed to not only consider amendments to General Plan policies, but to develop all necessary programs and implementation measures these policies may require. Final policy language, implementation programs, and resource management program details will be worked out through the process. In this manner, once the final actions are taken to approve the policies, the County will have clear set(s) of standards or programs (such as a mitigation fee program) as well as General Plan policies in place, with no further programs needed to be developed in the future.
General Plan Biological Policies
The Conservation and Open Space Element of the County’s General Plan adopted in July 2004 includes a subsection pertaining to Conservation of Biological Resources. One of the objectives (7.4.4: Forest and Oak Woodland Resources) is to “protect and conserve forest and woodland resources for their wildlife habitat, recreation, water production, domestic livestock grazing, production of a sustainable flow of wood products, and aesthetic values.”
Board of Supervisors/Planning Commission Agenda Items
Please note: These agenda items may not reflect the most current information and are subject to change. For the latest information on agenda items related to this project, refer to the County online agenda calendar:
LIMITED HEARING - To consider the Planning Commission's recommendation and receive public comment only on the proposed modifications to General Plan Measure CO-K and the modifications to the proposed Oak Resources Conservation Ordinance that were considered by the Planning Commission on September 28, 2017, as directed by the Board of Supervisors on October 10, 2017. (The public hearing on the overall Project was closed on July 18, 2017 and remains closed.)
After the close of the limited public hearing, staff recommends the Board consider the recommendation of the Planning Commission and then consider certification of the Environmental Impact Report and approval of the overall Project.
Community Development Services, Planning and Building Department, recommending the Board consider the General Plan Biological Resources Policy Update, Oak Resources Management Plan, and Oak Resources Conservation Ordinance, collectively the proposed Project, consisting of specific revisions to biological resources objectives, policies, and implementation measures included in the Conservation and Open Space Element of the County's General Plan, adoption of an Oak Resources Management Plan, adoption of an in-lieu fee to mitigate impacts to oak woodlands and individual oak trees, and adoption of an Oak Resources Conservation Ordinance, and further recommends that the Board take the following final actions, pursuant to Board direction on July 18, 2017:
1) Adopt and authorize the Chair to sign Resolution 127-2017 Certifying the Final Environmental Impact Report for the General Plan Biological Resources Policy Update, Oak Resources Management Plan, and Oak Resources Conservation Ordinance; Making Environmental Findings of Fact (Exhibit A); Adopting a Statement of Overriding Considerations (Exhibit B); and Approving the Mitigation Monitoring and Reporting Program (Exhibit C); (see Attachment 27B for the Resolution and 22N for a link to the Final Environmental Impact Report); 2) Adopt and authorize the Chair to sign Resolution 128-2017 Adopting an Amendment to the Biological Resources Policies, Objectives, and Implementation Measures in the El Dorado County General Plan (Attachment 27C); 3) Adopt and authorize the Chair to sign Resolution 129-2017 Adopting an Oak Resources Management Plan (Attachment 27D); 4) Adopt and authorize the Chair to sign Resolution 130-2017 Establishing an In-Lieu Fee to Mitigate Impacts to Oak Woodland Areas and Individual Oak Trees (Attachment 27E); 5) Adopt and authorize the Chair to sign Ordinance 5061 Adopting an Oak Resources Conservation Ordinance to Implement the Oak Resources Management Plan (Attachment 27F); and 6) Direct staff to return to the Planning Commission and Board within 12-18 months after adoption or earlier, if necessary, to review implementation of the Project.
The Board held a public hearing on this matter on July 18, 2017. The public hearing was closed and the matter was continued to September 12, 2017. (Cont. 10/10/17, Item 37)
continued from 9/12/17. Planning and
Building Department staff is recommending this matter be continued to October
24, 2017. The public hearing on the overall Project remains closed; however,
the Board will hold a limited public hearing on October 24, 2017 to receive
public comment only on the proposed modifications to the proposed General Plan
Amendment and Ordinance that were considered by the Planning Commission on
September 28, 2017 (Legistar File 17-0937). After the close of the limited
public hearing, the Board will consider the recommendation of the Planning
Commission and then consider approval of the overall Project.
Board Workshop Attachments (Legistar File #: 12-1203)
County Online Agenda Calendar
August 11, 2016 (Item 2)
September 29, 2015 (Item 26)
July 14, 2015 (Item 30)
June 22, 2015 (Item 1)
May 18, 2015 (Item 1)
March 30, 2015 (Item 1)
February 23, 2015 (Item 1)
January 26, 2015 (Item 2)
January 13, 2015 (Item 11)
November 21, 2014 (Item 2)
October 7, 2014 (Item 22)
July 28, 2014 (Item 1)
March 11, 2014 (Item 7)
September 24, 2012 (Item 3)
Notice of Public Hearing - Board of Supervisors, October 24, 2017
Notice of Availability (NOA) of Draft EIR Released June 30, 2016
Track change versions and Errata Sheets for the ORMP Draft June 2016 (DEIR Appendix C) and Oak Resources In-Lieu Fees Nexus Study Draft June 21, 2016 (ORMP Appendix B) are posted below:
Public/Agency Comments submitted on the Draft EIR and Draft ORMP are posted below:
Notice of Preparation (NOP) Released July 17, 2015
Important Biological Corridors
On March 30, 2015, the Board of Supervisors held a special workshop to discuss specific standards for the establishment of Important Biological Corridors (IBCs), such as minimum parcel size, contiguous areas, and minimum corridor widths. (Refer to Legistar File 12-1203, Attachment 12B, page 22).
The Board directed staff to revise General Plan Policy 22.214.171.124 and define IBC Overlay Standards. Potential standards include: a) Require site-specific biological resources technical report to determine presence of special-status species or habitat, and wildlife corridors, particularly for large mammals; Implement land use siting and design tools to achieve no net loss of habitat function or values for special-status species and large mammals; b) Establish IBC standards for discretionary projects, primarily focused on the north-south corridor in the Weber Creek Canyon. (Refer to Legistar File 12-1203, Attachment 12C, page 22).
On July 18, 2017, the Board held a public hearing on the Biological Resources Policy Update project. Staff presented the Board with a memo that included a discussion of the Weber Creek Canyon IBC. (Refer to Legistar File 12-1203, Attachment 24C, page 18). For clarification, a map which delineates the parcels contained within the Weber Creek Canyon IBC was provided. (Refer to Legistar File 12-1203, Attachment 24E, page 32). The Board directed staff to return to the Board with a separate item regarding the Weber Creek Canyon IBC and to notify the property owners with parcels in the Weber Creek Canyon IBC of the Board meeting date. After the Board certifies the EIR and adoption the Biological Resources Policy Update, staff will return to the Board with the Weber Creek Canyon IBC item.
Below are links to static maps of the County's IBCs and Priority Conservation Areas (PCAs) and the proposed Weber Creek Canyon IBC. The County also has an interactive map showing the IBCs and PCAs on GOTNET: http://gem.edcgov.us/ugotnet/. (See instructions for displaying the IBC and PCA layers in GOTNET).
IBC and PCA Map Instructions for Displaying IBC and PCA layers in GOTNET Weber Creek Canyon Map (without parcel numbers) Weber Creek Canyon Map (with parcel numbers)
Reference Documents (Legistar File 12-1203) Attachment 12B Attachment 12C Attachment 24C Attachment 24E