- Receive a staff report and conduct a public hearing on the proposed Cache Creek Area Plan (CCAP) Update and Environmental Impact Report (EIR);
- Adopt a resolution certifying the EIR, adopting Findings of Fact, and adopting a Statement of Overriding Considerations pursuant to the California Environmental Quality Act (CEQA) (Attachment A);
- Adopt a resolution amending the 2030 Countywide General Plan to recognize the changes to the CCAP, correct General Plan Table LU-6, and approve the CCAP Update including amendments to the Off-Channel Mining Plan, Cache Creek Resources Management Plan, and Cache Creek Improvement Program (Attachment B);
- Introduce by title, waive first reading, and indicated intent to approve an Ordinance modifying the In-Channel Mining Ordinance, Off-Channel Mining Ordinance, Surface Mining and Reclamation Ordinance, Gravel Mining Fee Ordinance, and Flood Protection Ordinance to incorporate the CCAP Update changes (Attachment C);
- Introduce by title only, waive first reading, and indicate intent to approve an Ordinance amending zoning for 13 parcels to add the Sand and Gravel Reserve Overlay (SGRO) zone (Attachment D); and
- Continue this item to the next regularly scheduled Board of Supervisors meeting for second reading of ordinances and final adoption, and direct staff to subsequently file the CEQA Notice of Determination.
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The Cache Creek Area Plan (CCAP) is based on the concept of adaptive management, and relies on ongoing detailed monitoring, analysis, and reevaluation. A comprehensive ten-year review is mandatory under the program. This CCAP Update constitutes the second mandatory ten-year program review since the program was put into effect in 1996. The purpose of the Update is to analyze trends and adjust the program to avoid unexpected effects on creek resources, focusing on: changes in creek conditions; analysis of collected data; and new regulatory requirements. The proposed Update has undergone extensive public, industry, and agency review. The proposed actions improve and modernize an important, stable, well-run program that enjoys extensive support from various stakeholders, and remains “state-of-art” after 22 years of implementation. At their November 14, 2019 meeting the Planning Commission unanimously recommended the proposed actions.
Gravel Program Overview
The Cache Creek Area Plan sets policy for and regulates off-channel surface mining along Lower Cache Creek through the Off-Channel Mining Plan (OCMP) and implementing ordinances. The CCAP also sets policy for and regulates in-channel restoration and maintenance within Lower Cache Creek through the Cache Creek Resources Management Plan (CCRMP), the Cache Creek Improvement Plan (CCIP), and implementing ordinances. The attached Planning Commission staff report provides additional detail (Attachment E).
The CCAP area encompasses 28,130 acres within unincorporated Yolo County along the 14.5-mile length of Lower Cache Creek, extending generally from the Capay Dam on the west to the town of Yolo on the east (Attachment F).
Summary of Proposed CCAP Update
The CCAP Update includes proposed changes to the following documents that comprise the gravel program:
- Cache Creek Resources Management Plan (CCRMP)
- Cache Creek Improvement Program (CCIP)
- Off-Channel Mining Plan (OCMP)
- Title 10, Chapter 3, Cache Creek In-Channel Maintenance Mining Ordinance (hereafter referred to as the In-Channel Ordinance)
- Title 10, Chapter 4, Off-Channel Surface Mining Ordinance (hereafter referred to as the Mining Ordinance)
- Title 10, Chapter 5, Surface Mining Reclamation Ordinance (hereafter referred to as the Reclamation Ordinance)
- Title 10, Chapter 11, Gravel Mining Fee Ordinance (hereafter referred to as the Fee Ordinance)
- Title 8, Chapter 4, Flood Protection Ordinance (hereafter referred to as the Flood Ordinance)
In September 2015, the County Board of Supervisors approved a work plan for the ten-year review and update of the CCAP including preparation of new technical analyses to guide the CCAP Update. The 2017 Technical Studies were completed in March of 2017. Based on the 2017 Technical Studies, and analysis of modeling and monitoring conducted pursuant to the CCAP over the last 20 years, the revisions to the CCRMP, OCMP, and ordinances generally clarify, modify, and modernize the requirements, guidelines, and other general criteria governing implementation of the CCAP.
The proposed changes fall into three general categories:
1) Updates to include history and context of what has occurred under the program since 1996, including updates related to the regulatory framework and corrections of errata.
2) Clarifications that better describe the intent of the program relative to the text included in the original documents.
3) Other proposed modifications to the program.
Key proposed program modifications include:
1) Increase of the in-channel material removal limit from 210,000 tons to 690,800 tons annually.
2) Identification of an additional approximately 796 acres* within the planning area to be rezoned to add the Sand and Gravel Reserve Overlay (SGRO) zone, which allows for possible future aggregate mining (Attachment G).
*It is important to note that the EIR examined rezoning of 1,188 acres to apply the Sand and Gravel Reserve Overlay (SGRO). This acreage included the Shifler property located near the Wild Wings subdivision. However, the County has subsequently received a mining application for the Shifler property which is being processed separately from this Update; therefore, the staff does not recommend rezoning the Shifler property as a part of the subject CCAP Update.
3) Extension of the plan horizon year to 2068.
4) Clarification and expansion of mercury monitoring and response requirements.
Summary of Environmental Impact Report
The County determined an environmental impact report (EIR) would be required in order to satisfy the requirements of the California Environmental Quality Act (CEQA) for the CCAP Update. In May 2017, the County published a Notice of Preparation (NOP) for the subject EIR, including an Initial Study (IS), to help identify impacts that could result from implementation of the CCAP Update, as well as potential areas of controversy. The Draft EIR was made available for public and agency review on May 10, 2019. The County conducted a 45-day public review and comment period extending from May 10, 2019 to June 24, 2019. The Final EIR was released August 19, 2019.
The EIR concluded that all adverse impact could be mitigated to acceptable levels with the exception of the following:
- Impact AG-1 Loss of Protected Farmland
- Impacts AIR 1 and AIR 2 Air Quality
- Impact GHG-1 GHG Emissions
- Cumulative Impact AES-1 Cumulative Loss of Protected Farmland
- Cumulative Impact AIR-1 Cumulative Air Quality
- Cumulative Impact GHG-1 Cumulative GHG Emissions
- Cumulative Impact NOI-1 Cumulative Noise
- Cumulative Impact TR-1 Cumulative Truck Trips
These conclusions are not unexpected and they generally mirror similar conclusions reached in the 1996 EIRs prepared when the program was originally developed. Staff believes, and the Planning Commission concurred, that despite these conclusions, on balance the proposed Update is beneficial to the County and should be adopted. The proposed findings of fact reflect this recommendation.
Planning Commission Recommendation
This item was presented to the Planning Commission at their meeting on November 14, 2019. The Commission heard a detailed staff presentation and conducted a public hearing. Two speakers provided testimony during the public hearing. The first speaker was Mr. Charley Rea, Director of Communications & Policy for the California Construction and Industrial Materials Association (CalCIMA). CalCIMA represents all of the Yolo County aggregate producers. Mr. Rea expressed support for the proposed changed as a part of the CCAP Update and thanked County staff for including CalCIMA throughout the CCAP Update process.
The second speaker was a landowner along Cache Creek. The landowner expressed concerns regarding the operations at one of the permitted mining sites and associated County enforcement. He also indicated that he had not been informed of the CCAP Update. Staff verified to the Commissioners that proper noticing, including to the landowner individually, had occurred. Additionally, the Manager of Natural Resources had personally provided a courtesy call to the landowner prior to the Planning Commission hearing.
The Planning Commission voted unanimously (7-0-0) to support the staff recommendation with the recommended additional change to allow greater flexibility relating to the use of riparian plant material.
Section 10-3.415(A)(7) of the In-Channel Ordinance contains language that encourages plant material to be collected in the vicinity of the site, and where infeasible, may be of “local origin within Yolo County.” Staff proposes the additional modifications shown below in underline to address the recommendation of the Planning Commission:
Section 10-3.415(A)(7) Plant materials shall preferably be collected in the vicinity of the project site in order to control the origin of the genetic stock and provide the most site-adapted ecotypes. Native seeds, plants and cuttings used for reclamation and restoration activities shall be ecotypes of Cache Creek Watershed genetic origin including areas outside of Yolo County and of Yolo County genetic origin when materials are used that originate from outside of the Cache Creek Watershed. If seeding of native herbaceous species is proposed, seeds shall be collected, cleaned, tested for viability, and stored appropriately by a qualified native seed supplier. Cottonwood cuttings shall be collected and contract-grown at a nursery with staff experienced in the propagation of native plants. Alternatively, cottonwood cuttings can be collected from vegetation in the project vicinity and stockpiled for planting within twenty-four (24) hours of collection. Willow cuttings can be collected from vegetation in the project vicinity and stockpiled for planting within 24 hours of collection. Other woody riparian species shall be collected and contract-grown from local seed by a qualified native plant nursery. Where revegetation involves such a relatively small area that the requirements for locally-collected and grown material would be infeasible, the seed and plant material to be used in revegetation efforts may be obtained commercially as long as it is of local origin from within Yolo County.
Section 10-5.601(c)(1) of the Reclamation Ordinance contains additional relevant language. Staff proposes the clarifications noted below:
Section 10-6.601(c)(1) A biological analysis to evaluate the feasibility of proposed revegetation efforts, including detailed plans describing planting methods, appropriate planting times, species to be used, irrigation requirements, erosion control, weed control, and proposed success rates for plant cover and density. The analysis shall also include cross-sections for those areas proposed to be revegetated, including slopes, visual screens, and wildlife habitat. Plant materials should shall be collected in the vicinity of the project site in order to control the origin of the genetic stock and provide the most site-adapted ecotypes. Native seeds, plants and cuttings used for reclamation and restoration activities shall be ecotypes of Cache Creek Watershed genetic origin including areas outside of Yolo County and of Yolo County genetic origin when materials are used that originate from outside of the Cache Creek Watershed.
Summary of CCAP Update Changes Proposed Since Release of the EIR
Since release of the Final EIR, the following additional changes are proposed as a part of the recommended actions:
1) Sixteen changes described in the November 14, 2019 Planning Commission staff report (Attachment E) and included as part of the Planning Commission’s recommended actions. These included integration of the EIR mitigation measures, clarifications to integrate the State’s new Mineral Land Classification report, various clarification of language and intent, and other formatting and non-substantive clerical modifications to finalize the documents for publication.
2) Modifications to Section 10-3.415(A)(7) of the In-Channel Ordinance and Section 10-5.601(c)(1) of the Reclamation Ordinance described above that were recommended by the Planning Commission as part of their action on November 14, 2019.
3) Additional staff recommended clarifications to the In-Channel Ordinance, in response to comments of the California Department of Fish and Wildlife (Attachment H).
All of these recommended changes are reflected in the final proposed CCAP Update documents included in Attachments B, C, and D, which have been modified since they were presented to the Planning Commission. |