Bio Policy Update

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The General Plan Biological Resources Policy Update Project consists of the adoption of a General Plan Amendment to the biological resources policies, objectives and implementation measures in the General Plan Conservation and Open Space Element; Adopting an Oak Resources Management Plan (update of the 2008 Oak Woodland Management Plan); Establishing an In-Lieu Mitigation Fee to mitigate impacts to Oak Woodland Areas and Individual Oak Trees; adopting an Oak Resources Conservation Ordinance; and certifying the Environmental Impact Report (EIR).

Director Interpretation

Oak Resources References

On October 24, 2017, the Board of Supervisors approved the General Plan Biological Resources Policy Update Project and took the following actions:

  1. Certified the Final Environmental Impact Report (EIR) for the Project;
  2. Adopted a General Plan Amendment that is a comprehensive update of the biological resources policies, objectives and implementation measures
  3. in the Land Use Element and Conservation and Open Space Element of the County's General Plan;
  4. Adopted an Oak Resources Management Plan (ORMP) that replaces the 2008 Oak Woodland Management Plan;
  5. Adopted an In-Lieu Mitigation Fee to mitigate impacts to oak woodland areas and individual oak trees; and
  6. Adopted an Oak Resources Conservation Ordinance to implement the ORMP.

The new Ordinance becomes effective on November 23, 2017 and the In-Lieu Mitigation Fee will take effect on December 23, 2017.

Resolutions and Ordinances adopted and executed on October 24, 2017 including the Final EIR are:

Background Information

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 7.4.4.4 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 7.4.4.4 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. The workshop materials are posted in the Board Agenda Item/Workshop Attachments tab.

June 22, 2015–The Board adopted Resolutions 108-2015(PDF, 2MB) and 109-2015(PDF, 808KB) 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(PDF, 2MB) which supersedes ROI 108-2015(PDF, 2MB) 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, visit our Bio Policy Update DEIR page.

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.

For more details on the scope of work, see the Dudek Agreement under Supporting Documents.

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.”

Policy Brief Description General Plan Page
7.4.2.8 Develop within five years and implement an Integrated Natural Resources Management Plan (INRMP) that identifies important habitat preservation and management. 146-147
7.4.2.9 The Important Biological Corridor (-IBC) overlay shall apply to lands identified as having high wildlife habitat values because of extent, habitat function, connectivity, and other factors. 148-149
7.4.4.4 For all new development projects (not including agricultural cultivation and actions pursuant to an approved Fire Safe Plan necessary to protected existing structures, both of which are exempt from this policy) hat would result in soil disturbance on parcels that (1) are over an acres and have at least1 percent total canopy cover or (2) are less than an acre and have at least 10 percent total canopy cover by woodlands as defined by this General Plan and determined from base line aerial photography or by site survey performed by a qualified biologist or licenses arborist, the County shall require one of two mitigation options: (1) the project applicant shall adhere to the tree canopy retention and replacement standards described (in Options A and B); or (2) the project applicant shall contribute to the County’s Integrated Natural Resources Management Plan (INRMP) conservation fund described in Policy 7.4.2.8. 150-151
7.4.4.5 Where existing individual or a group of oak trees are lost within a stand, a corridor of oak trees shall be retained that maintains continuity between all portions of the stand. The retained corridor shall have a tree density that is equal to the density of the stand. 151
7.4.5.1 A tree survey, preservation, and replacement plan shall be required to be filed with the County prior to issuance of a grading permit for discretionary permits on all high-density residential, multifamily residential, commercial, and industrial projects. To ensure that proposal replacement trees survive, a mitigation monitoring plan should be incorporated into discretionary projects when applicable and shall include provisions for necessary replacement of trees. 151
7.4.5.2 It shall be the policy of the County to preserve native oaks wherever feasible, through the review of all proposed development activities where such trees are present on either public or private property, while at the same time recognizing individual rights to develop private property in a reasonable manner. To ensure that oak tree loss is reduced to reasonable acceptable levels, the County shall develop an Oak Tree Preservation Ordinance. 151-153

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.

Date Item File ID Ver. Description
10/24/2017 34 12-1203 27 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)
10/10/2017 37 12-1203 26 Matter 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.
9/28/2017 4 17-0937 2 Community Development Services, Planning and Building Department, recommends that the Planning Commission forward a recommendation of approval to the Board of Supervisors for changes to the proposed General Plan Amendment to the biological resources policies, objectives, and implementation measures, and to the proposed Oak Resources Conservation Ordinance that have been made since the Planning Commission hearing on April 27, 2017. The Planning Commission is only considering non-substantive and/or procedural modifications to the General Plan Amendment and Ordinance that were not considered by the Planning Commission on April 27, 2017. The Planning Commission hearing was closed on April 27, 2017. The public hearing on the proposed Project was closed by the Board of Supervisors on July 18, 2017. The public will be given the opportunity to comment only on the limited proposed modifications to the proposed General Plan Amendment and Ordinance that are being presented to the Planning Commission on this item; however, the public hearings remain closed. See also Legistar File 12-1203.
9/12/2017 27 12-1203 25 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.Planning and Building Department staff is recommending that the Board redirect staff to remove two Board initiated proposed changes (exclusion of Live Oaks from the definition of Heritage Trees and modification of the personal use exemption) from the Project and to continue this matter to October 10, 2017. The Board approved staff's recommendation and continued this matter to October 10, 2017.
8/24/2017 5 17-0937 1 Community Development Services, Planning and Building Department, recommends that the Planning Commission forward a recommendation of approval to the Board of Supervisors for the changes to the Biological Policy General Plan Amendments and the implementing Ordinance that have been made since the Planning Commission hearing of April 27, 2017. Planning Commission approved staff's request to continue this item off-calendar.
7/18/2017 44 12-1203 24 HEARING - To consider the Planning Commission's recommendations on 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 the Oak Resources Management Plan, and adoption of an Oak Resources Conservation Ordinance. Planning staff is requesting the Board provide direction on each of the Planning Commission's recommendations, as follows:
1) Add language to Ordinance Section 130.39.080 (Enforcement) from the Oak Resources Management Plan Maintenance and Monitoring Program;
2) Redefine Heritage Oak Tree diameter size to 20 inches (from 36 inches, Oak Resources Management Plan, Section 6.0, Definitions);
3) Change bi-annual reporting to annual reporting and include expenses and income in Ordinance Section 130.39.090.B (Bi-Annual Reporting - Oak Woodland Conservation Fund Fees);
4) Increase in-lieu fee for Oak Woodland based on acquisition land values in El Dorado County (Oak Resources Management Plan, Section 3.0, In-Lieu Fee);
5) Enforcement of mitigation monitoring and reporting needs to be more effectively applied; and
6) Establish long-term funding for Mitigation and Monitoring in perpetuity. A summary of the Planning Commission's recommendations is included in Exhibit A (Attachment 24B). Based on the direction of the Board, final revisions will then be made to the draft documents that were attached as Exhibits to the Staff Report presented to the Planning Commission on April 27, 2017 (Attachments 22B-22I, and 22P), and the draft Resolution for the In-Lieu Mitigation Fee (Attachment 24F). Planning staff is recommending the Board continue the public hearing to August 29, 2017, or to September 12, 2017, depending on the extent of the Board's direction, for certification of the Environmental Impact Report and adoption of the proposed Project.
6/27/2017 26 12-1203 23 Community Development Services, Planning and Building Department, Long Range Planning, recommending the Board approve and authorize the Chair to sign the Fourth Amendment to Agreement for Services 425-S1411 with Dudek, thereby increasing compensation by $34,800, including $25,100 retroactively for work completed on Task C-5, Final Environmental Impact Report, 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 Environmental Impact Report.
4/27/2017 9 12-1203 22 Planning Commission Item continued from 3/23/2017.
3/23/2017 6 12-1203 21 Planning Commission Hearing to consider the General Plan Biological Resources Policy Update, Oak Resources Management Plan, and Oak Resources Conservation Ordinance (proposed Project). Proposed Project consists 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 the Oak Resources Management Plan, and adoption of an Oak Resources Conservation Ordinance. Staff recommending the Planning Commission recommend the Board of Supervisors take the following actions:
1) Adopt a Resolution certifying the Final Environmental Impact Report for the General Plan Biological Resources Policy Update, Oak Resources Management Plan, and Oak Resources Conservation Ordinance; Making Findings of Fact; Adopting a Statement of Overriding Considerations; and Approving the Mitigation Monitoring and Reporting Program;
2) Adopt a Resolution to amend the biological resources policies, objectives and implementation measures in the El Dorado County General Plan Conservation and Open Space Element;
3) Adopt the Oak Resources Management Plan; and
4) Adopt Chapter 130.39 (Oak Resources Conservation) of Title 130 of the County Code of Ordinances. Staff is recommending the item be continued to the April 27, 2017 meeting.
3/7/2017 15 12-1203 20 Community Development Agency, Long Range Planning Division, recommending the Board approve and authorize the Chair to sign the Third Amendment to Agreement for Services 425-S1411 with Dudek, increasing the term of the Agreement by one year to complete the scope of work for the Environmental Impact Report for the General Plan Biological Resource Policy Update with no increase to the not to exceed amount.
10/25/2016 18 12-1203 19 Community Development Agency, Long Range Planning Division, recommending the Board approve and authorize the Chair to sign 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.
8/11/2016 2 12-1203 18 Planning Commission Agenda Item: Community Development Agency, Long Range Planning Division, providing a presentation on the Draft Environmental Impact Report (DEIR) for the General Plan Biological Resources Policy Update and Oak Resources Management Plan, and receiving public comments on the DEIR. No action will be taken by the Planning Commission.
2/23/2016 19 15-1467 1 Community Development Agency, Development Services Division, recommending the Board:
1) Receive and file the Annual Reports for Fiscal Year 2014/15 for the Ecological Preserve Fee and Oak Woodland Conservation Fee Programs in compliance with California Government Code Section 66006;
2) Authorize the Chair to sign a budget transfer allowing corrections to be made to prior year expenditures and revenues for the Ecological Preserve Fee program. (4/5 vote required);
3) Adopt 5 year findings for the Ecological Preserve Fee in compliance with California Government Code Section 66001(d); and
4) Adopt 5 year findings for the Oak Woodland Conservation Fee in compliance with California Government Code Section 66001(d).
9/29/2015 26 12-1203 17 Community Development Agency, Long Range Planning Division, recommending the Board review and provide direction to staff based on the discussion presented in the memo prepared by the Dudek environmental consulting group, dated September 18, 2015 (Attachment 17A) and summarized as follows:
1) Review comments raised in regards to the preparation of the Environmental Impact Report during the Notice of Preparation public comment period;
2) Approve proposed revisions to the Draft Oak Resources Management Plan and the Draft El Dorado County Oak Resources In-Lieu Fees Nexus Study (as provided in Sections 4.0 and 5.0 of Attachment 17A) based on public and Board comments made during the May 18, 2015 and June 22, 2015 Board hearings, the Notice of Preparation public comment period, and the Environmental Impact Report scoping session held during the County Planning Commission meeting on August 13, 2015; and
3) Review potential project alternatives that could be evaluated in the Environmental Impact Report (as provided in Section 6.0 of Attachment 17A) and determine if:
a) Other alternatives should be considered;
b) Specific retention standards and tree replacement standards should be included in the alternatives analysis, and if so, what the standards should be; and
c) Any project alternatives should be considered at an equal level of detail as the proposed project.
8/13/2015 10 12-1203 16 Planning Commission Agenda Item: Community Development Agency, Long Range Planning Division, presenting a public scoping meeting on the draft Environmental Impact Report (EIR) for the proposed General Plan Biological Resources Policy Upgrade and Oak Resources Management Plan to inform interested parties about the proposed project, and to provide agencies and the public with an opportunity to provide comments on the scope and content of the EIR.
7/14/2015 30 12-1203 15 Community Development Agency, Long Range Planning Division, recommending the Board adopt and authorize the Chair to sign revised Resolution of Intention 118-2015 to more accurately reflect the proposed amendments to General Plan Chapter 7 - Conservation and Open Space Element presented and discussed on June 22, 2015 as part of the Biological Policy Update project.
6/22/2015 1 12-1203 14 Community Development Agency, Long Range Planning Division, recommending the Board consider the following:
1) Review and provide feedback on draft proposed General Plan amendments, draft Oak Resource Management Plan, and draft Oak Resource In-lieu Fee Program and Nexus Study (Attachment 14B);
2) Adopt and authorize the Chair to sign Resolution of Intention XXX-2015 to amend the General Plan (Attachment 14C) and a Resolution of Intention XXX-2015 to revise the Oak Woodland Management Plan, now known as the Oak Resource Management Plan (Attachment 14D), pending review and approval by Risk Management and County Counsel; and
3) Authorize staff to proceed with the preparation of all necessary documentation and environmental review pursuant to the requirements of the California Environmental Quality Act for the following:
a) Draft General Plan Amendment;
b) Draft Oak Resource Management Plan; and
c) Draft Oak Resource In-lieu Fee Program and Nexus Study, a component of the County's oak woodland mitigation program outlined in the Oak Resources Management Plan (Attachment 14B).
5/18/2015 1 12-1203 13 Community Development Agency, Long Range Planning Division, recommending the Board consider the following:
1) Review and provide feedback on draft amendments to the Oak Woodlands Management Plan and General Plan policies as identified in the project scope of work adopted by the Board on March 11, 2014; and
2) Direct staff to return on June 22, 2015 to discuss the draft in lieu fee for oak woodland mitigation, to finalize a project description, and to adopt a Resolution of Intention to amend the General Plan and Oak Woodland Management Plan, thereby authorizing staff to proceed with environmental review for the project.
3/30/2015 1 12-1203 12 Community Development Agency, Long Range Planning Division, recommending the Board provide direction regarding Decision Points 8-10 on the Biological Policy update project, per the analysis and concepts presented in Dudek's memo dated March 16, 2015 (Attachment 12B). Staff's recommendations are presented in Attachment 12A and summarized as follows:
1) Decision Point 8:
a) Use Important Biological Corridor (IBC) overlay standards for lands that occur within the IBCs to address wildlife habitat value, function, and connectivity.
2) Decision Point 9:
a) Retain existing Priority Conservation Areas (PCAs) and IBCs for conservation opportunities when mitigation is required;
b) Allow developers to identify conservation opportunities outside of the PCAs and IBCs, within or outside of identified important ecological areas identified by the Plant and Wildlife Technical Advisory Committee (PAWTAC) (e.g., aquatic environments, important habitat for migratory deer herds, Pine Hill areas, valley oak woodland, etc.); and
c) Define specific criteria that must be met by these additional conservation lands, including a criterion that prioritizes the use of PCAs, IBCs and other identified important ecological areas.
3) Decision Point 10:
a) Incorporate within General Plan policy requirements a passive solicitation program related to the County's maintenance of a database of willing sellers within the PCAs and IBCs and/or other important biological areas.
2/23/2015 1 12-1203 11 Community Development Agency, Long Range Planning Division, recommending the Board provide direction to staff regarding Decision Points 4-7 per the analysis, concepts and recommendations presented in Dudek's memo dated February 17, 2015 (Attachment 11B) and summarized as follows:
1) Decision Point 4: Update General Plan policies and Oak Woodlands Management Plan language to:
a) Revise the minimum parcel criteria for projects that are exempt from oak woodland mitigation;
b) Update the oak woodland retention standards and mitigation ratios; and
c) Clarify mitigation requirements for individual native oak trees outside of oak woodlands and for heritage trees.
2) Decision Point 5:
a) Retain exemptions for oak woodlands consistent with the Kuehl Bill (for affordable housing, agricultural production) and exemptions in compliance with state-level fire safe (PRC 4291), utility line clearance requirements (General Order 95) or specific County policies related to oak woodland and oak tree mitigation;
b) Clarify individual oak tree exemptions; and
c) Examine options for exempting public schools, parks and government buildings as requested by the Board.
3) Decision Point 6: Retain the Priority Conservation Areas shown in the 2008 Oak Woodlands Management Plan and establish criteria for identifying additional conservation areas.
4) Decision Point 7: Use mitigation ratios for special-status biological resources, including vegetation communities, plants and wildlife, as a component of the County's conservation strategy.
01/26/2015 2 12-1203 10 Community Development Agency, Long Range Planning Division, recommending the Board consider the following:
1) Identify "Oak Woodland" as the preferred method of measurement for determining oak resource impacts and quantifying mitigation requirements; and
2) Require, when necessary, undercrossings for future four (4)-, six (6)- and eight (8)-lane roadway projects to provide for wildlife movement.
01/13/2015 11 12-1203 9 Community Development Agency, Long Range Planning Division, recommending the Board consider the following:
1) Discuss and approve a project schedule for the General Plan Biological Resource Policy Update to ensure this project can be achieved within the project schedule;
2) Determine that the current in-lieu fee amount as previously adopted in the Oak Woodland Management Plan should be re-analyzed to ensure consistency with State law; and
3) Approve and authorize the Chair to sign Amendment I to Agreement for Services No. 425-S1411 with Dudek, expanding the scope of work to include the re-analysis of the in-lieu fee (Attachment 9C), increasing the not-to-exceed amount of the Agreement by $24,600 for a not-to-exceed total amount of $401,700, contingent upon review and approval of the Amendment by County Counsel and Risk Management.
11/21/2014 2 12-1203 8 Community Development Agency, Long Range Planning Division, recommending the Board review three potential processing approaches to prepare an Environmental Impact Report to evaluate the existing Oak Woodland Management Plan, and recommending the Board select Approach A which can be performed within the existing Agreement with Dudek with only a potential minor amendment to the Scope of Work necessary to revise the public outreach task. If Approach B or C is selected, staff recommends the Board authorize the Chair to sign a new Agreement with Dudek in the amount shown for the selected Approach in Attachment 7B contingent upon approval by County Counsel and Risk Management. (Cont. 11/17/14, Item 12)
11/17/2014 12 12-1203 7 Community Development Agency, Long Range Planning Division, recommending the Board review three potential processing approaches to prepare an Environmental Impact Report to evaluate the existing Oak Woodland Management Plan, and recommending the Board select Approach A which can be performed within the existing Agreement with Dudek with only a potential minor amendment to the Scope of Work necessary to revise the public outreach task. If Approach B or C is selected, staff recommends the Board authorize the Chair to sign a new Agreement with Dudek in the amount shown for the selected Approach in Attachment 7B contingent upon approval by County Counsel and Risk Management. Staff recommending this matter be continued to the Special Meeting on November 21, 2014. This matter was Continued to November 21, 2014.
10/07/2014 22 12-1203 6 Community Development Agency, Long Range Planning Division, recommending the Board hold a workshop to accomplish the following:
1) Discuss the history and status of the County's biological policies as outlined in Background Memo (Attachment 5B, 7-28-14);
2) Continue discussing the broad policy approaches presented in the Policy Options Memo (Attachment 5C, 7-28-14); and
3) Allow an opportunity for the Board and public to ask additional questions and for staff to provide the Board with information requested on July 28, 2014.
9/23/2014 25 14-1208 1 Community Development Agency, Development Services Division, recommending the Board consider the following:
1) Support the purchase of 1,080 acres, known as El Dorado Ranch Phase 1B, for the purpose of oak woodland conservation, to be owned and managed in the future by the California Department of Fish and Wildlife;
2) Approve and authorize the Chair to sign the Grant Agreement between the County of El Dorado and the American River Conservancy to pool their resources to conserve oak woodland habitat consistent with the County Oak Woodland Conservation Ordinance 4771; and
3) Direct the County Auditor to release $120,000 from the Oak Woodland Conservation Fund, established under Option B (General Plan Policy 7.4.4.4), to be placed in escrow for the purchase of said property by the American River Conservancy.
7/28/2014 1 12-1203 5 Community Development Agency, Long Range Planning, recommending the Board hold a workshop to discuss the history and status of the County's biological policies as outlined in Background Memo (Attachment 5B) and to begin discussing the broad policy approaches presented in the Policy Options Memo (Attachment 5C).
3/11/2014 7 12-1203 4 Community Development Agency, Long Range Planning, recommending the Board:
1) Make findings pursuant to Section 3.13.03 of the County Ordinance that it is more economical and feasible to engage an independent 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; and
2) Approve and authorize the Chair to sign Agreement 425-S1411 with Dudek in the amount of $377,100 for a term of three years to proceed with a program to amend several General Plan related to biological resources. (Cont: 3/4/14, Item 6)
3/4/2014 6 12-1203 3 Community Development Agency, Long Range Planning Division, recommending the Board consider the following:
1) Identify "Oak Woodland" as the preferred method of measurement for determining oak resource impacts and quantifying mitigation requirements; and
2) Require, when necessary, undercrossings for future four (4)-, six (6)-and eight (8)-lane roadway projects to provide for wildlife movement. This Matter was Continued to March 11, 2014.
9/24/2012 3 12-1203 1 Development Services Department recommending the Board:
1) Direct staff to prepare a Resolution of Intention to Amend General Plan Policies 7.4.2.8, 7.4.2.9, 7.4.4.4, 7.4.4.5, 7.4.5.1 and 7.4.5.2 and their related Implementation Measures to clarify and refine the County's policies regarding oak tree protection and habitat preservation; and
2) Direct staff to prepare a Request for Proposal to hire a consultant to assist the County to prepare the policies and Environmental Impact Report (EIR).
9/11/2012 11 12-1030 1 Development Services and County Counsel recommending the Board consider the adoption (second reading) of Ordinance 4982 rescinding Ordinance 4771 removing Chapter 17.73 of the County Code pursuant to the July 10, 2012 Judgment in Center for Sierra Nevada Conservation v. El Dorado County issued by Judge Bailey. (Cont'd. 9/4/12, Item 17)
9/4/2012 17 12-1030 1 Development Services and County Counsel recommending the Board:
1) Adopt Resolution 123-2012 rescinding actions taken by the Board on May 6, 2008 agenda item 26 that approved the Initial Study / Negative Declaration for the Oak Woodlands Management Plan (OWMP); and
2) Consider the Introduction (First Reading) of Ordinance 4982 rescinding Ordinance 4771 removing Chapter 17.73 of the County Code pursuant to the July 10, 2012 Judgment in Center for Sierra Nevada Conservation v. El Dorado County issued by Judge Bailey.
9/17/2011 10 11-1040 1 Development Services Department, Planning Services Division, recommending the Board:
1) Receive and file the annual report for Fiscal Year 2010-2011 on the Oak Woodlands Management Plan (OWMP); and
2) Retain the fee amount as presently set, with the intention to review and update the fee, if necessary, after the conclusion of the currently pending litigation.
11/9/2010 11 10-1167 1 Development Services Department recommending the Board of Supervisors receive and file the annual report for Fiscal Year 2009-10 on the Oak Woodlands Management Plan (OWMP): retain the fee amount as presently set, with the intention to review and update the fee, if necessary, after the conclusion of the currently pending litigation; and continue to utilize staff resources for management, monitoring and acquisition activities associated with the OWMP for at least the current fiscal year.
9/22/2009 27 09-1103 1 Development Services Department recommending the Board receive and file the annual report for the Oak Woodland Management Plan (OWMP) for FY2008-09; retain the fee amount as presently set with the intention to review and update the fee, if necessary, in March, 2010 as set forth in Section 3 of the OWMP; and continue to utilize staff resources for management, monitoring and acquisition activities associated with the OWMP for at least the current fiscal year.
5/6/2008 26 07-1022 12 Hearing to consider the Oak Woodland Management Plan (Final), Negative Declaration, and Implementation Ordinance (including fees).

Board Workshop Attachments (Legistar File #12-1203)

County Online Agenda Calendar

August 11, 2016 (Item 2)

  • 18A–Staff Report PC 8-11-16
  • 18I–PowerPoint Presentation 8-11-16

September 29, 2015 (Item 26)

  • 17A–BOS Memo from Dudek 9-18-15
  • 17B–PowerPoint Presentation 9-29-15

July 14, 2015 (Item 30)

  • 15A–Revised Draft ROI to Amend General Plan Biological Policies (clean version)
  • 15B–Revised Draft ROI to Amend General Plan Biological Policies (changes tracked)
  • Executed Resolution 118-2015 7-14-15 item 30
  • Public Comment Rcvd 7-13-15 BOS 7-14-15
  • Public Comment Rcvd 7-13-15 item 30 BOS 7-14-15
  • Public Comment Rcvd 7-14-15 BOS 7-14-15 item 30
  • Public Comment Rcvd 7-14-15 BOS 7-14-15 item no. 30

June 22, 2015 (Item 1)

  • 14A–Staff Memo 6-22-15(posted 6-18-2015)
  • 14B–Dudek Memo 6-16-15(posted 6-18-2015)
    • Attachment A: Draft Oak Resources In-Lieu Fees Nexus Study
    • Attachment B: Draft General Plan Biological Resources Policies (clean version)
    • Attachment C: Draft General Plan Biological Resources Policies (changes tracked)
    • Attachment D: Draft ORMP (clean version)
    • Attachment E: Draft ORMP (changes tracked)
  • 14C–Draft ROI to Amend General Plan Biological Policies (posted 6-18-2015)
  • 14D–Draft ROI to Amend Oak Woodland Management Plan(posted 6-18-2015)
  • 14E–PowerPoint Presentation 6-22-15 (posted 6-19-2015)
  • Executed Resolution 108-2015 6-22-15
  • Executed Resolution 109-2015 6-22-15

May 18, 2015 (Item 1)

  • 13A–Board Memo 5-18-15(posted 5-13-2015)
  • 13B–Dudek Memo Draft Policies and ORMP 5-18-15 (posted 5-13-2015)
  • 13C–Draft Biological Resources Policies with track changes 5-18-15 (posted 5-13-2015)
  • 13D–Draft Biological Resources Policies no track changes 5-18-15(posted 5-13-2015)
  • 13E–Draft ORMP with track changes 5-18-15(posted 5-13-2015)
  • 13F–Draft ORMP no track changes 5-18-15 (posted 5-13-2015)
  • 13G – PowerPoint Presentation 5-18-15
  • Public Comment Rcvd 5-18-15 BOS

March 30, 2015 (Item 1)

  • 12A–Board Memo 3-10-15 (posted 3-23-2015)
  • 12B–Dudek Memo for Decision Points 8 through 10 3-20-15 (posted 3-23-2015)
  • 12C–PowerPoint Presentation 3-30-15 (posted 3-26-2015)

February 23, 2015 (Item 1)

  • 11A–Staff Report 2-23-15 (posted 2-17-2015)
  • 11B–Dudek Memo for Decision Points 4 through 7 2-17-15 (posted 2-17-2015)
  • 11C–PowerPoint Presentation 2-23-15 (posted 2-20-2015)
  • Public Comment Rcvd 2-20-15 BOS
  • Public Comment Rcvd 2-23-15 BOS

January 26, 2015 (Item 2)

  • 10A–Staff Report 1-26-15 (posted 1-22-2015)
  • 10B–Dudek Memo for Decision Points 2 and 3 1-26-15 (posted 1-22-2015)
  • 10C–PowerPoint Presentation 1-26-15
  • Public Comment Rcvd 1-23-15
  • Public Comment Rcvd 1-26-15

January 13, 2015 (Item 11)

  • 9A–Staff Report 1-13-15
  • 9B–Dudek Memo 12-31-14 Scope of Services New Economics Advisory 1-13-15
  • 9C–New Economics and Advisory Proposal 11-22-14 1-13-15
  • 9D–PowerPoint Presentation 1-13-15
  • Executed First Amendment 1-13-15
  • Contract Routing Sheet for Amend I Agmt 425-S1411
  • Public Comments Recvd BOS 1-13-15

November 21, 2014 (Item 2)

  • 7A–Staff Report 11-21-14
  • 7B–OWMP Process 11-21-14
  • 7C–Draft Scope of Work 11-21-14

October 7, 2014 (Item 22)

  • 6A–Staff Report 10-7-14
  • 6B–Open Space and Public Lands Map 10-7-14
  • 6C–Scenario Comparison 10-7-14
  • 6D–PowerPoint Presentation 10-7-14
  • Public Comments Recvd BOS 10-6-14
  • Public Comments Recvd BOS 10-7-14

July 28, 2014 (Item 1)

  • 5A–Staff Report 7-28-14
  • 5B–Dudek Bio Policies Background Memo 7-28-14
  • 5C–Dudek Policy Options Memo 7-28-14
  • 5D–PowerPoint Presentation 7-28-14

March 11, 2014 (Item 7)

  • 3A–Approved Blue Contract Route 3-4-14
  • 3B–Dudek Agreement unsigned 3-4-14
  • Dudek Agreement Executed 3-19-14
  • 4A–Dudek Exhibit A 3-11-14
  • 4B–Dudek Exhibit B 3-11-14
  • 4C–Dudek Exhibit C 3-11-14
  • Public Comments Recvd BOS 3-11-14

September 24, 2012 (Item 3)

  • B–Staff Report 9-24-12
  • A–GP Policy 7.4.4 Options Report 9-24-12

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 7.4.2.9 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.

Following 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. (See instructions for displaying the IBC and PCA layers in GOTNET).

Reference Documents (Legistar File 12-1203)

Supporting Documents

Notice of Public Hearing - Board of Supervisors, October 24, 2017(PDF, 37KB)

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: (Posted 8-25-16)

Notice of Preparation (NOP) Released November 23, 2015

Notice of Preparation (NOP) Released July 17, 2015

Other Documents

Related Links

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