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File #: 20-1259    Version: 1
Type: Agenda Item Status: Approved
File created: 9/17/2020 In control: Board of Supervisors
On agenda: 10/20/2020 Final action: 10/20/2020
Title: HEARING - Planning and Building Department and County Counsel recommending the Board: 1) Adopt and authorize the Chair to sign Resolution 163-2020 which partially decertifies the Final Environmental Impact Report for the General Plan Biological Resources Policy Update only as it relates to the County’s determination that focusing on preservation of oak woodland habitat in the Highway 50 corridor was not the best course of action and it was not feasible to focus on preserving the oak woodlands within the Highway 50 corridor; 2) Direct staff to bring the decertified portion of the FEIR into compliance with the requirements of the California Environmental Quality Act as set forth in the Court’s Tentative Ruling and Ruling Following Post-Trial Briefs in Rural Communities United v. County of El Dorado, Superior Court of the County of El Dorado, Case No. PC20170536 and direct staff to augment the administrative record as authorized by CEQA, including the missing reports and studies describ...
Attachments: 1. A - GP Biological Resources Policy Update Dudek Report 10-07-20 (Re-Uploaded 10-27-20), 2. A - GP Biological Resources Policy Update Dudek Report 10-07-20, 3. B - Decertification Resolution, 4. C - Recertification Resolution, 5. Proof of Publication-Mt. Democrat, 6. Proof of Publication-Tahoe Daily Tribune, 7. Proof of Publication-Georgetown Gazette, 8. Public Comment BOS Rcvd 10-16-2020, 9. Public Comment BOS Rcvd 10-19-2020, 10. Public Comment BOS Rcvd 10-20-2020, 11. Executed Resoultion 163-2020, 12. Executed Resolution 164-2020
Title
HEARING - Planning and Building Department and County Counsel recommending the Board:
1) Adopt and authorize the Chair to sign Resolution 163-2020 which partially decertifies the Final Environmental Impact Report for the General Plan Biological Resources Policy Update only as it relates to the County’s determination that focusing on preservation of oak woodland habitat in the Highway 50 corridor was not the best course of action and it was not feasible to focus on preserving the oak woodlands within the Highway 50 corridor;
2) Direct staff to bring the decertified portion of the FEIR into compliance with the requirements of the California Environmental Quality Act as set forth in the Court’s Tentative Ruling and Ruling Following Post-Trial Briefs in Rural Communities United v. County of El Dorado, Superior Court of the County of El Dorado, Case No. PC20170536 and direct staff to augment the administrative record as authorized by CEQA, including the missing reports and studies described in the Court’s rulings; and
3) Adopt and authorize the Chair to sign Resolution 164-2020 which recertifies the portions of the FEIR that were decertified by the Board’s adoption of Resolution 163-2020 pursuant to recommendation 1, above.

FUNDING: General Fund.
Body
DEPARTMENT RECOMMENDATION
Planning and Building Department and County Counsel recommend that the Board take the actions recommended above in order to comply with the Writ of Mandate issued by the El Dorado County Superior Court in Rural Communities United v. County of El Dorado, Case No. PC20170536. The scope of this hearing is limited to the issues that are the subject of the writ and is not a reconsideration of the remainder of the EIR that is not impacted by the writ and that remains certified and it is not a reconsideration of the Project approvals. The Court’s judgment and writ do not impact the Biological Policies Project approvals or any other actions the Board took on October 24, 2017 with regard to t...

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