REPORT TO COUNCIL
SUBJECT
Title
Action on an Agreement for Conservation Easement in Lieu of Fees at the Regional Wastewater Facility (RWF) and a Class 25 Categorical Exemption Under CEQA
Report
COUNCIL PILLAR
Promote Sustainability and Environmental Protection
BACKGROUND
Santa Clara is a co-owner of the San Jos?-Santa Clara Regional Wastewater Facility (RWF), which treats wastewater for the two cities, along with other tributary agencies. The RWF is undergoing a series of capital improvements which Santa Clara pays a portion of on an annual basis. San Jos? is the administrator of the facility, but as a co-owner, Santa Clara must sign on to agreements regarding land and facilities at the site.
The Santa Clara Valley Habitat Agency (SCVHA) furthers protection of endangered species in the region by acquiring and managing lands to mitigate development and project impacts to those species. It was determined that land at the RWF was supporting the habitat of the Western Burrowing Owl, a Federal and State species of concern. As part of the Santa Clara Valley Habitat Conservation Plan (HCP), these lands would require the payment of development impact fees to SCVHA, or the dedication of wildlife habitat, as the capital projects at the RWF were determined to have the possibility to disrupt the existing habitat.
DISCUSSION
In 2016, San Jos? submitted a letter of intent (Attachment 3) to SCVHA stating its intention to designate approximately 72 acres belonging to the RWF as four Capital Improvement Program projects were known to be subject to the HCP requirement to either pay fees or designate habitat. The long-term intention was to have the entire 201 acres of owl habitat covered by a conservation easement and account for all projects at the RWF that would be included in the land in-lieu arrangement with the remaining land. The letter also discussed the transfer of habitat management activities and costs to the SCVHA which was later settled in a management agreeme...
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