The Yolo Habitat Conservation Plan/Natural Community Conservation Plan (Yolo HCP/NCCP) is a comprehensive, multi-species county-wide plan intended to provide for the conservation of 12 sensitive species (“covered species”) and the natural communities and agricultural land on which they depend while providing a streamlined permitting process to address the effects of a range of future anticipated public and private activities on these 12 species. The Yolo HCP/NCCP is intended to achieve, among other things, the following objectives:
(a) to protect, enhance, and restore natural communities and cultivated lands, including rare and endangered species habitat, and provide for the conservation of covered species within Yolo County;
(b) to replace the current system of separately permitting and mitigating individual projects with a conservation and mitigation program, set forth in the Yolo HCP/NCCP, that comprehensively coordinates the implementation of permit requirements through the development of a countywide conservation strategy, including identification of priority acquisition areas in riparian zones and other locations with important species habitat;
(c) to provide for additional habitat conservation that is otherwise unlikely to take place in Yolo County and benefit both listed species and project proponents by ensuring a more efficient, effective approach to mitigation; and
(d) to ensure that the Yolo Habitat Conservancy, in its capacity as the implementing entity for the Yolo HCP/NCCP, collects the local development mitigation fees necessary to assist with plan implementation.
To finalize the Yolo HCP/NCCP and establish the administrative structures necessary to meet these objectives, the member agencies must take the recommended actions identified above.
Copies of the Yolo HCP/NCCP and EIS/EIR may be viewed and downloaded at:
http://www.yolohabitatconservancy.org/documents.
BACKGROUND
From 1993 through 2001, Yolo County led an extensive effort to produce a countywide HCP. That effort culminated in 2001 with the rejection of a prior Draft HCP in favor of a combined HCP/NCCP that would be larger in scope and scale and result in more comprehensive conservation outcomes.
Yolo County and the cities of Davis, West Sacramento, Winters, and Woodland formed the Yolo Habitat/Natural Community Conservation Plan Joint Powers Agency (now called the Yolo Habitat Conservancy) in August 2002 for the purpose of cooperative development of a regional HCP/NCCP. The Yolo Habitat Conservancy Board of Directors consists of representatives from the Yolo County Board of Supervisors, each of the City Councils, and a representative from the University of California, Davis who serves as a nonvoting ex officio member. In 2005, the Yolo Habitat Conservancy, the U.S. Fish and Wildlife Service (USFWS), and the California Department of Fish and Wildlife (CDFW) signed a Planning Agreement directing the preparation of the Yolo HCP/NCCP. An intensive public and stakeholder outreach program was undertaken to provide input into, and critical oversight of, the development of the Yolo HCP/NCCP.
In August of 2012, the staff of the Yolo Habitat Conservancy underwent a significant change. The Board of Directors hired a new contract Executive Director and Project Manager to propose a new path forward for the organization and the Yolo HCP/NCCP. The Yolo Habitat Conservancy released the First Administrative Draft of the HCP/NCCP in June 2013, the Second Administrative Draft of the Yolo HCP/NCCP in March 2015, and a Public Review Draft in June 2017.
The USFWS published a NEPA Notice of Availability announcing the release and availability of the Public Review Draft HCP/NCCP and Draft EIS/EIR in the Federal Register and the Conservancy filed a CEQA NOA with the California Governor’s Office of Planning and Research State Clearinghouse, the Yolo County Clerk-Recorder’s Office, and Solano County Clerk-Recorder’s Office. The Conservancy also posted the documents on the Conservancy’s website, provided copies to five libraries in Yolo County, sent a press release to local media, distributed the CEQA NOA to state, regional, and local agencies, distributed the CEQA NOA by mail and email to interested stakeholders, and published it in the Davis Enterprise and Vacaville Reporter newspapers.
Between June 1, 2017 and August 30, 2017, the Yolo Habitat Conservancy and member agencies held nine public meetings to present the Public Review Draft Yolo HCP/NCCP and Draft EIS/EIR and accept public comment. In addition to comments received during public meetings, the Yolo Habitat Conservancy accepted public comments by mail, comment card, and email throughout the public comment period. A total of 32 comment submissions were made during the public comment period. These comments, along with responses to these comments, are included in the Final EIS/EIR. Yolo Habitat Conservancy staff and representatives also gave presentations to a variety of stakeholder groups, provided Yolo HCP/NCCP updates at all Yolo Habitat Conservancy Board meetings and Advisory Committee meetings, regularly updated the Yolo Habitat Conservancy’s website to provide information about upcoming public meetings and HCP/NCCP information, and developed a series of four informational brochures that summarize key elements of the Yolo HCP/NCCP in both English and Spanish.
Since release of the Draft HCP/NCCP on June 1, 2017, the Yolo Habitat Conservancy has proposed a number of changes to the HCP/NCCP. These proposed changes fall into the following categories: copy edits, minor text clarifications and corrections, minor numeric corrections, providing updated information since the release of the Draft HCP/NCCP, clarifications or enhancements to particular HCP/NCCP elements, increased details on HCP/NCCP implementation, and updating cost and funding information. The Final EIS/EIR evaluated the environmental effects of the Final HCP/NCCP, including the proposed changes since release of the Public Review Draft HCP/NCCP. The analysis substantiates that the proposed changes to the HCP/NCCP do not alter the impact conclusions provided in the Public Review Draft EIS/EIR for environmental issue areas.
PROJECT DESCRIPTION
The Yolo HCP/NCCP is a comprehensive, multi-species county-wide plan prepared by the Yolo Habitat Conservancy to provide for the conservation of 12 sensitive species (“covered species”) and the natural communities and agricultural land on which they depend. The Yolo HCP/NCCP will provide a streamlined permitting process to address the effects of a range of future anticipated public and private activities (“covered activities”) on these 12 species: palmate-bracted bird’s beak, valley elderberry longhorn beetle, California tiger salamander, western pond turtle, giant garter snake, Swainson’s hawk, white-tailed kite, western yellow-billed cuckoo, western burrowing owl, Least Bell’s vireo, bank swallow, and tricolored blackbird. The Plan Area encompasses the entire area of Yolo County, approximately 653,549 acres, and includes potential conservation activities outside of Yolo County within an additional 1,174 acres along Putah Creek in Solano County.
The Yolo HCP/NCCP will provide the basis for issuance of long-term (50-year) permits under the Federal Endangered Species Act (FESA) and California Natural Community Conservation Planning Act (NCCPA) for covered activities. The Yolo HCP/NCCP will provide the Permittees (Yolo County, the four incorporated cities, and the Conservancy) with incidental take permits from both USFWS and CDFW for the 12 covered species. This action is allowed under Section 10(a)(1)(B) of the FESA and Section 2835 of the NCCPA chapter of the California Fish and Game Code.
The Yolo HCP/NCCP ensures compliance with the FESA, NCCPA, and the California Endangered Species Act (CESA) for covered activities that may affect the covered species. In addition to the Permittees, the Yolo HCP/NCCP permits may be used by other entities through certificates of inclusion. Private projects under the discretionary authority of Permittees submit an HCP/NCCP application and associated fees prior to any project related ground disturbance (this is reflected in the implementing ordinance included herewith). Projects proposed by entities that are not subject to the land use authority of the Permittees can submit a request to the Yolo Habitat Conservancy for coverage under the Yolo HCP/NCCP as a Special Participating Entity. All parties receiving take coverage under the Yolo HCP/NCCP will be required to adhere to avoidance and minimization measures to help ensure that the effects of covered activities are reduced.
The Yolo HCP/NCCP will streamline and coordinate the process for approval and mitigation of impacts to covered species and their habitats. It will also add certainty in that no further commitments of funds, land, or other resources may be required by the USFWS and CDFW for impacts to the covered species, unless changed circumstances occur.
Covered activities include actions and land uses contemplated in the local General Plans for Yolo County, Davis, West Sacramento, Winters, and Woodland. The covered activities have been organized into five broad categories: urban projects and activities, rural projects and activities, operations and maintenance, conservation strategy implementation, and neighboring landowner protection program. The first two categories comprise the “spatially defined” activities identified in the Yolo HCP/NCCP. This refers to activities where the location is currently known. These two categories total 17,550 acres, within which 11,510 acres of impact to natural communities are modeled to occur over the life of the permit. The remaining three categories comprise the “spatially undefined” categories (activities where a specific location is not yet known) consisting of 706 acres for operation and maintenance, 956 acres for restoration and enhancement, and 2,347 acres for the neighboring landowner protection program (applicable only to four of the 12 covered species). Within the three spatially undefined categories an additional 1,134 acres of impact to natural communities are assumed to occur for a total of 12,644 acres of impact (11,510 acres + 1,134 acres).
The conservation strategy for the Yolo HCP/NCCP was designed to mitigate for the effects of covered activities and to provide for the conservation of covered species in the Plan Area. The conservation strategy is based on a set of biological goals and objectives developed specifically for the Yolo HCP/NCCP and include establishment of a conservation easement reserve system, restoration of natural communities, and management and enhancement of the reserve system as conservation measures. The reserve system will include up to 17,087 acres of conservation to mitigate for impacts from covered activities and an additional 16,275 acres of conservation beyond mitigation (including 8,000 acres of pre-permit reserve lands) for total conservation of 33,362 acres. The Conservancy will partner with landowners to manage the reserve system and maintain and enhance the ecological values of protected natural communities and other covered species habitats.
The Conservancy will implement monitoring and adaptive management to inform management and enhancement actions. In addition to the protection of covered species habitat in the reserve system, the Conservancy will restore up to 956 acres of riparian woodland and scrub, fresh emergent wetlands, and lacustrine and riverine natural communities. To help guide other efforts to protect and conserve both species and habitat that are not the focus of the Yolo HCP/NCCP, the Conservancy is also preparing a Regional Conservation Investment Strategy/Local Conservation Plan (RCIS/LCP). This is a voluntary, non-regulatory plan to fill in conservation gaps not covered by the Yolo HCP/NCCP. The California Department of Fish & Wildlife will release the RCIS/LCP for public comment in the near future. The Yolo HCP/NCCP and its take permits are not dependent upon later approval of the RCIS/LCP.
Overall implementation of the Yolo HCP/NCCP is estimated to cost $406,187,000 during the 50-year permit term. Plan funding will come from a variety of sources including HCP/NCCP mitigation funding from fees (66%), conservation funding from local sources (10%), conservation funding from state and federal sources (17%), endowment and operational fund interest (3%), and additional conservation funding from other local, state, and federal sources (4%). Mitigation funding obligations will be satisfied by the payment of per-acres fees by project proponents, the most common of which will be the base fee of $12,952 per acre (subject to periodic adjustments over the course of plan implementation).
Conservation funding from local sources include: in-kind contributions from the City of Davis’ Open Space Program as conservation easements acquired as part of that program are enrolled in the Yolo HCP/NCCP reserve system; in-kind contributions associated with the enrollment of Yolo County properties into the reserve system, monitoring, and restoration activities along Cache Creek consistent with the Cache Creek Area Plan; and in-kind contributions associated with monitoring and restoration activities conducted by the Solano County Water Agency and Lower Putah Creek Coordinating Committee along Putah Creek. These local contributions are associated with existing local programs and involve activities that support the terms of the Yolo HCP/NCCP. Additionally, approximately $10,000,000 is anticipated to come from foundations and other local sources that have yet to be identified. State and federal conservation funding is estimated to provide funding for up to 8,231 acres of land acquisition and 44 acres of restoration/creation of wetlands. A small source of income to the Yolo HCP/NCCP will come from interest and other earnings on fund balances, particularly from earnings on the Yolo HCP/NCCP endowment prior to the end of the permit term.
EIS/EIR OVERVIEW
The EIS component of the Final EIS/EIR was prepared pursuant to the National Environmental Policy Act (NEPA) under the oversight of the USFWS serving as the NEPA Lead Agency. In accordance with NEPA, the USFWS is publishing a separate NEPA Notice of Availability (NOA) in the Federal Register. Information about the Federal Register Notice is available at the following Service website: https://www.fws.gov/sacramento/.
The EIR component of the Final EIS/EIR was prepared pursuant to the California Environmental Quality Act (CEQA) under the oversight of the Yolo Habitat Conservancy serving as the CEQA Lead Agency and CDFW serving as a CEQA Responsible Agency. The member agencies of the Yolo Habitat Conservancy (i.e., each city and Yolo County) are also CEQA Responsible Agencies. As such, each is obligated to consider the EIR and adopt certain findings pursuant to CEQA Guidelines § 15096 (included within the Resolution attached as Exhibit A).
Both NEPA and CEQA contemplate different levels of analysis for different types of decisions. The level of analysis typically used for planning documents like a regional conservation plan is described as “programmatic,” which reflects that the site-specific and project-specific details for the entire plan area are not known, but sufficient information is available so that the general potential for impact in various topical areas can be sufficiently assessed. The EIS/EIR prepared for the Yolo HCP/NCCP is a programmatic document.
The EIS/EIR analyzes and discloses the potential for significant adverse environmental impacts associated with the Yolo HCP/NCCP as proposed, and a suite of project alternatives that came from sources including the Yolo HCP/NCCP development process, the public scoping process under NEPA and CEQA, and the lead and responsible agencies. Ten alternatives, including the proposed action alternative, were initially identified. Each of these alternatives went through a screening process to determine if they met both NEPA and CEQA screening criteria. Of the initial alternatives, four met the required criteria and were evaluated more closely.
Alternative B, the proposed action alternative, was identified as the preferred alternative. As substantiated in the EIS/EIR, Alternative B will result in less-than-significant impacts in all CEQA impact categories with two exceptions. Alternative B would result in the potential for conflict with the Solano HCP (Effect LAND-3), as related to plan area overlap among the two HCPs. This impact is fully mitigated for under Alternative B by the Yolo Habitat Conservancy entering into an agreement with Solano County Water Agency recognizing that the Yolo HCP/NCCP’s acquisition areas must not conflict with the covered activities of the Solano HCP, as further described in the Mitigation Monitoring and Reporting Program (MMRP), so the ultimate outcome is less-than-significant. The mitigation measure has been clarified since release of the Final EIR to change the required timing of the measure from “before adopting the HCP/NCCP” to “prior to undertaking any HCP/NCCP implementation activity within the area of overlap with the Solano County Water Agency (SCWA) Multispecies HCP”. This modification to the measure is not substantive and will in no way diminish the effectiveness of the measure in reducing the identified impact.
Alternative B would result in the permanent conversion of 702 acres of agricultural land to restored habitat (Effect AG-1); however, it would also result in the associated preservation of 19,962 acres of agricultural land in perpetuity resulting in a benefit ratio of over 28:1. While the other alternatives described in the EIS/EIR attempt to reduce impacts to the environment, none achieves the same level of environmental protection or successfully achieves the project’s objectives to the same degree as the final HCP/NCCP.
YOLO HCP/NCCP AND EIS/EIR REVIEW
The Final HCP/NCCP and the Final EIS/EIR were released April 30th and can be viewed at the following website: http://www.yolohabitatconservancy.org/documents. Interested parties may purchase printed copies and electronic copies (USB flash drive) by contacting the Yolo Habitat Conservancy. The documents are also available for public review at the Woodland Public Library, 250 First Street, Woodland, the Mary L. Stephens Davis Library, 315 E 14th Street, Davis, the Arthur F. Turner Community Library, 1212 Merkley Ave., West Sacramento, the Winters Community Library, 708 Railroad Ave., Winters, and the Yolo Branch Library, 37750 Sacramento Street, Yolo.
For more information about the HCP/NCCP and EIS/EIR, please contact Yolo Habitat Conservancy staff at (530) 723-5504, info@yolohabitatconservancy.org, or visit the Yolo Habitat Conservancy’s website at: http://www.yolohabitatconservancy.org.
IMPLEMENTING AGREEMENT AND RELATED ORDINANCE
CDFW may not approve an NCCP unless it includes an implementing agreement containing certain provisions. (Cal. Fish & G. Code § 2820(b).) Therefore, approval of an Implementing Agreement for the Yolo HCP/NCCP (Exhibit to Attachment B) is necessary and appropriate for purposes of obtaining approval of the NCCP and obtaining incidental take authorizations from CDFW under state law. (Cal. Fish & G. Code § 2835.)
The attached Implementing Agreement fulfills all of the statutory requirements for an implementing agreement under the NCCPA. It reflects HCP/NCCP content regarding how the Plan will be implemented, including the responsibilities of an “implementing entity” (here, the Yolo Habitat Conservancy), the duties and obligations of CDFW and the USFWS, and opportunities for third party participation (e.g., PG&E or other entities needing take authorization for activities not subject to local regulation) in the Plan. The Implementing Agreement also addresses integrating Plan implementation with the approval of local development projects, and includes a template Implementing Ordinance for each member agency to adopt after making the edits necessary to reflect its local codes and practices.
The Implementing Ordinance template has been modified to include all language necessary for its adoption by the or County (Attachment C). The Ordinance provides that certain “avoidance, minimization, and mitigation measures” will be followed for projects undertaken or approved by each member agency, and that each project constituting a “covered activity” must pay an impact fee to support Plan implementation. Impact fees will be established by the Conservancy and, once in effect, will replace the current Swainson’s hawk mitigation fee applied to most projects. Under the Ordinance, the County will collect fees from affected projects and remit revenues each quarter to the Conservancy.
AMENDED AND RESTATED JOINT POWERS AGREEMENT
The Yolo Habitat Conservancy has operated since 2002 under its original joint powers agreement, which was drafted largely in contemplation of the agency’s role in implementing Swainson’s hawk mitigation and in guiding preparation of the HCP/NCCP. Although the original agreement contemplated HCP/NCCP implementation, it provided little detail on that topic and no specifics regarding the duties and obligations of the Conservancy in that regard.
For these reasons, a First Amended and Restated Joint Powers Agreement (Attachment D) has been prepared to more fully reflect the transition to Plan implementation and the evolving role of the Conservancy. Among other things, the Agreement affirms the Conservancy’s role as the local agency responsible for implementation and ensures that the Conservancy has adequate legal authority to carry out the duties of the Implementing Entity as set forth in the Implementing Agreement (described briefly above). No changes in the governance structure are proposed, and other provisions of the Agreement addressing staffing, administration, and fiscal matters were drafted to reflect current practices and anticipated future operations of the Conservancy.
OTHER PUBLIC MEETINGS
The following additional public meetings to consider the Yolo HCP/NCCP have or will be held before the Conservancy and other member agencies in May and June 2018:
May 7, 2018 – The Board of Directors of the Yolo Habitat Conservancy 1) certified the Final EIS/EIR including adoption of findings of fact and other actions required by CEQA for a lead agency; 2) adopted the Final HCP/NCCP; and 3) authorized execution of the Implementing Agreement with the USFWS, CDFW, and member agencies.
May 10, 2018 – The Yolo County Planning Commission considered making a recommendation to the Board but three separate motions failed to gain a majority.
May 15, 2018 – The Winters City Council met and considered the same actions that are recommended as part of this item. The City Council voted unanimously (5-0) to approve the actions.
May 15, 2018 – Like the Winters City Council, the Davis City Council met and considered the same actions that are recommended as part of this item. The City Council voted unanimously (5-0) to approve the actions.
May 22, 2018 – The Board of Supervisors will consider adopting the HCP/NCCP and taking certain related actions, as set forth herein.
May 23, 2018 – The West Sacramento City Council will meet at West Sacramento City Hall at 1110 West Capitol Avenue, West Sacramento, CA in the Council Chambers at 7:00 pm to consider the following actions: 1) consideration of the Final EIR pursuant to CEQA Guidelines 15096, including adoption of findings of fact and other actions required by CEQA for a responsible agency; 2) determination of consistency with General Plan, 3) adoption of Final HCP/NCCP; 4) adoption of Implementing Ordinance, and 5) authorization to execute Implementing Agreement with USFWS, CDFW, Yolo Habitat Conservancy, and other member agencies.
June 5, 2018 – The Woodland City Council will meet at Woodland City Hall at 300 First Street in Woodland CA at 6:00pm to consider the Final EIS/EIR and consider the following actions: 1) consideration of the Final EIR pursuant to CEQA Guidelines 15096, including adoption of findings of fact and other actions required by CEQA for a responsible agency; 2) determination of consistency with General Plan, 3) adoption of Final HCP/NCCP; 4) adoption of Implementing Ordinance, and 5) authorization to execute Implementing Agreement with USFWS, CDFW, Yolo Habitat Conservancy, and other member agencies.
NEXT STEPS
The USFWS is expected to document its final action on the Yolo HCP/NCCP in a Record of Decision (ROD) prepared pursuant to NEPA. The Yolo Habitat Conservancy and each member agency will file a Notice of Determination pursuant to CEQA with the Yolo County Clerk-Recorder within five days of final adoption of the Plan. If all member agencies adopt the Yolo HCP/NCCP, if USFWS approves the HCP and issues findings in favor of issuance of federal incidental take permits for the Yolo HCP/NCCP, and if CDFW approves the NCCP and issues findings in favor of issuance of state incidental take permits for the Yolo HCP/NCCP, the final execution of Implementing Agreements, issuance of incidental take permits, and commencement of Yolo HCP/NCCP implementation will occur in late summer of 2018.
ATTACHMENTS
Attachment A -- Resolution Considering the Yolo HCP/NCCP Final EIS/EIR Pursuant to CEQA Guidelines 15096, Including Adoption of Findings of Fact and Other Actions Required by CEQA for Responsible Agencies
Attachment B -- Resolution: 1) Adopting the Final HCP/NCCP; 2) Certifying the Yolo HCP/NCCP as Consistent with the Yolo County General Plan; and 3) Authorizing the County Administrator to Execute the Implementing Agreement with the USFWS, CDFW, Yolo Habitat Conservancy, Yolo County, and the cities of Davis, West Sacramento, Woodland, and Winters
Attachment C -- Ordinance Providing for Implementation of the Yolo HCP/NCCP, Including Related Procedures and Fees
Attachment D -- First Amended and Restated Joint Powers Agreement of the Yolo County Habitat/Natural Community Conservation Plan Joint Powers Agency |