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Regular-General Government # 24.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Receive a presentation and provide direction regarding minor updates to Habitat Mitigation Ordinance and Zoning Code to reflect developments in local and regional habitat restoration planning efforts. (No general fund impact) (Pogledich) |
| Recommended Action |
| Receive a presentation and provide direction regarding minor updates to Habitat Mitigation Ordinance and Zoning Code to reflect developments in local and regional habitat restoration planning efforts. |
| Strategic Plan Goal(s) |
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
The purpose of this item is to receive direction on updating the Habitat Mitigation Ordinance and two related definitions in the Zoning Code to reflect the development of a countywide Regional Conservation Investment Strategy (RCIS). Other minor changes are also proposed.
As the Board is aware, County staff are currently participating in an effort to develop an RCIS covering Yolo County. The RCIS is a multi-agency effort that also includes the California Department of Water Resources, Natural Resources Agency, and Yolo Habitat Conservancy. The RCIS integrates a "Local Conservation Plan" (LCP) that was previously under development by the Yolo Habitat Conservancy. Staff understand that California Department of Fish and Wildlife (CDFW) will release the public review draft RCIS/LCP for a 60-day public comment period on May 18, 2018.
While the County is a co-author of the RCIS/LCP, uncertainties exist about how the strategy will be implemented following its completion. It is possible that CDFW will authorize out-of-county projects to use the RCIS/LCP as a basis for mitigating in Yolo County. Any such efforts would be within the scope of the County's Habitat Mitigation Ordinance, which requires a conditional use permit for most out-of-County mitigation projects. Certain minor edits to the ordinance, however, will be helpful in clarifying that projects implemented under the RCIS/LCP will be subject to the use permit requirement if they include out-of-county mitigation.
This is the main objective of the proposed Habitat Mitigation Ordinance and Zoning Code edits. Staff also propose other minor changes to the Ordinance and Zoning Code to achieve the following outcomes:
- To require projects undertaken "partly or entirely" to provide for out-of-county mitigation to obtain a use permit, as opposed to projects undertaken "largely or entirely" for such a purpose;
- Require that certain projects claiming an exemption from the use permit requirement be presented to County staff for review;
- Update provisions relating to the Yolo HCP/NCCP to reflect its adoption and implementation;
- Clarify that the existing exemption for riparian habitat projects is for projects that restore riparian corridors or buffers; and
- Ensure that the Yolo Habitat Conservancy has an opportunity to review all out-of-county mitigation projects for consistency with the Yolo HCP/NCCP, and that the same opportunity is provided to the Implementation Sponsor (potentially, the Yolo Habitat Conservancy or the state Department of Water Resources) for the RCIS/LCP.
A working draft of the specific Yolo County Code edits necessary to effectuate these changes is included as Attachment A hereto.
At this point, staff are seeking Board direction to take the steps necessary to bring an ordinance on these issues to the Board. This requires presentation to the Planning Commission and subsequent review and consideration by the Board. If the Board agrees to move this effort forward, staff expect to present the ordinance for Board consideration no later than July 24, 2018.
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| Collaborations (including Board advisory groups and external partner agencies) |
| None. |
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| Fiscal Impact |
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