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Planning and Building Department recommending the Board approve and authorize the Chair to sign a budget transfer to allow for the transfer of up to $500,000 from the Oak Woodland Conservation special revenue fund to a newly established Oak Woodland Set Aside special revenue fund (4/5 vote required).
FUNDING: Oak Woodland Mitigation Fees.
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DISCUSSION / BACKGROUND
On October 24, 2017 (Item 34, Legistar 12-1203 v. 27), the Board approved Resolution 129-2017 adopting the Oak Resources Management Plan and Resolution 130-2017 establishing an In-Lieu Fee to Mitigate Impacts to Oak Woodland Areas and Individual Oak Trees. The adoption of the resolutions was part of the County’s 2017 Biological Resources Update Project (Project) which also included amendments to General Plan biological resources policies and adoption of the Oak Resources Conservation ordinance.
The in-lieu fees are deposited into the Oak Woodlands Conservation special revenue fund, which is used to fund the acquisition of land and/or conservation easements from willing sellers to mitigate impacts to oak resources as described in the Oak Resources Management Plan. This fund may also be used for ongoing monitoring and management activities, including but not limited to fuels treatment, weed control, periodic surveys, and reporting.
Rural Communities United, Conserve El Dorado Oaks, Ellen Van Dyke and Cheryl Langley filed a petition for writ of mandate alleging violations of the California Environmental Quality Act (CEQA) related to the approval of the Biological Resources Update (El Dorado Superior Court case #PC20170536). The writ proceeded to trial and judgment, which resulted in the court granting a limited writ and required certain actions by the County. Both parties filed appeals. Rural Communities United also filed a second related writ of mandate (El Dorado Superior Court case #PC20210189).
On August 30, 2022, the Board approved settlement of both CEQA writ petitions (PC2017053...
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