Update on Elk Grove Swainson's Hawk Mitigation Policy May 27, 2009

Staff report for Council hearing on May 27 is on the Elk Grove City website in the agenda for May 27.

This report includes a letter from California Fish and Game (quoted in the staff report) concluding that the proposed approach is not biologically sound. Staff report concludes that the proposed approach could not be successfully implemented. They are seeking further direction from Council.

Download FOSH sign on letter with partners Defenders of Wildlife, Habitat 2020, Save Our Sandhill Cranes, Sierra Club California, Stone Lakes National Widlife Refuge Association and concerned citizens.

The problem: The City of Elk Grove established, several years ago, a Swainson's Hawk mitigation program (Elk Grove City Code §16.130.010 et seq.) to comply with its responsibilities under the California Environmental Quality Act, to mitigate for the loss of Swainson's Hawk foraging habitat (primarily farm fields harboring rodents eaten by raptors) due to Elk Grove's rapid urban development. Under that program, developers must preserve, by conservation easement or fee title, one acre of Swainson's Hawk foraging habitat for each acre developed. Inside the City itself there are thousands of acres of open space, providing a variety of foraging habitat. There are also 14 identified Swainson's Hawk nesting sites.


FOSH was informed that the City of Elk Grove, at the request of certain landowners, is in the process of revising its Swainson's Hawk mitigation ordinance to substantially reduce developer's obligations to mitigate for the impacts of development upon the Swainson's Hawk. The next expected Council hearing is in mid April. The proposal is in direct conflict with the guidance of the California Department of Fish and Game as to Swainson’s Hawk mitigation. It is also at odds with the development of the South Sacramento County Habitat Conservation Plan, a program that has involved the Department of Fish and Game for years in an attempt to achieve a multi-species, multi-jurisdiction approach to conserving wildlife as urbanization proceeds.


In the recent past, the City of Elk Grove has had an exemplary relationship with California Department of Fish and Game, and has not moved forward with local solutions to mitigation issues in the absence of Fish and Game concurrence. Its current Swainson’s Hawk mitigation ordinance, for example does require Fish and Game approval for mitigation lands acquired under CEQA, and other aspects of the mitigation program.

Link to the City's proposal: http://www.egplanning.org/projects/swainsons_hawk/

Link to FOSH letters on this subject.

Link to Elk Grove Citizen article

City of Elk Grove NOTICE OF PUBLIC MEETING
SWAINSON’S HAWK ORDINANCE AMENDMENT

March 20, 2009
NOTICE IS HEREBY GIVEN that on March 30, 2009 at 6:30 p.m. in the City Council Chambers, the City of Elk Grove will hold a public meeting on a proposed amendment to Chapter 16.130 of the Elk Grove Municipal Code (Swainson’s Hawk Ordinance). As directed by the City Council, the proposed amendment would modify the current mitigation requirement of 1 acre for every acre of development impact (1:1 ratio) to a sliding scale ranging from 0.25 acres of mitigation for every acre of development impact (0.25:1 ratio) to 1 acre for every acre of development impact (1:1 ratio) depending on a project’s distance to a known Swainson’s hawk nest site. The purpose of the meeting is to explain the details of the proposed amendment and to receive comments from the public. The text of the proposed amendments and supporting documentation can be viewed at the City’s Planning Department, 8401 Laguna Palms Way, Elk Grove or at the Planning Department’s website: http://www.egplanning.org/projects/swainsons_hawk/. Additional information can be obtained by contacting Taro Echiburú at (916) 478 3619 or Gerald Park at 478 3671.


Taro Echiburú
Environmental Planning Manager

City of Elk Grove
8401 Laguna Palms Way
Elk Grove, CA 95758

916.478.3619 (office)
916.529.1745 (mobile)
916.691.3175 (fax)