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HomeMy WebLinkAboutCoachella Valley Multiple Species Habitat Conservation PlanCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Approval of CEQA findings and the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Communities Conservation Plan (CVMSHCP/NCCP) Implementation Agreement and Ordinance establishing a local development mitigation fee. SUBMITTED BY: Phil Drell, Director of Community Development DATE: February 23, 2006 CONTENTS: Recommendation Executive Summary (Plan documents previously distributed) Resolution No. Ordinance No. CVAG Summary of MSHCP Benefits Recommendation: Continue hearing until March 9, 2006 to allow CVAG to resolve remaining issues and publish final document. Executive Summary: The CVMSCHP seeks to provide protection for twenty seven sensitive and endangered species through the creation of a 725,000 acre reserve system of which approximately 576,000 acres are currently owned by public or quasi -public agencies and 140,150 acres are to be acquired. The balance will be conserved through land use management. The reserve system will include twenty one separate areas distributed throughout the valley and surrounding mountains. Funding for the plan will include state and federal funds in addition to development mitigation fees assessed on all projects involving grading of natural open areas. Building on the existing model of the Fringe -toed Lizard Habitat Conservation Plan, all vacant undisturbed lands in the plan area will fall into three categories: areas to be conserved through acquisition, areas to be developed with the payment of mitigation fees or equivalent land dedication, and areas to be managed for uses compatible with conservation goals. Development within the mitigation .fee areas will receive incidental take coverage for the twenty-seven species allowing for the destruction of non -critical habitat and on -site flora and fauna. With the approval of the plan and participation in the established mitigation programs, Endangered Species Act, CEQA and NEPA biological issues will be resolved. Mitigation fees have been set at $5,270/acre for non-residential uses, $1,180/unit for residential projects 0-8 du/ac, $490./unit for densities of 8.1 du/ac to 14 units/acre, $216. for projects above 14.1 du/ac. Over the 75-year life of the plan, the mitigation fees are projected to generate $503,163,000 with total plan revenue of $1,810,794,000 from all sources. While the 1 STAFF REPORT CITY COUNCIL FEBRUARY 23, 2006 new fee is eight to nine times greater than the original $600/acre Lizard fee established in 1985, property values and the cost of land acquisition have increased by at least ten times. Trails The trails plan has been substantially revised to remove limits on use of existing trails. A five- year research program will be initiated to determine impacts of trail use on the covered species. The proposed Palm Desert/La Quinta Trail has been deferred pending the results of the five- year research program. The Hop -A -Long Cassidy Trail was approved outside of the CVMSHCP process. Conclusion The proposed plan provides the most equitable and economically feasible long-term strategy for preserving the essential quality of the Coachella Valley's natural environment for the benefit of both the area's unique native wildlife and its human inhabitants. The plan will provide clear direction for developers and property owners. Without it, the valley will inevitably merge with the anonymous urban sprawl that characterizes most of southern California. When driving through the San Gorgonio Pass you will always know you have finally left Los Angeles. Submitted by: n Phil Drell Director of Community Development Approved by: Homer Croy Assistant City Manager for Development Services PD/dq Approved by: Carlos Ort City Mana er CITY COUNCIL ACTION: APPROVED !/" DENIED RECEIVED OTHER • G:\PLANNING\DO NNAQUAI VER\W PDOCS\SR\m ultiplespecies. pd By Minute Motion: 1)Endorsed the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Communities Conservation Plan as currently drafted; 2)continued the public hearing and presentation of the final documents for the implementation agreement and ordinance to the meeting of March 9, 2006. 4-0 (Ferguson ABSENT) 2 MEETING DATE AYES: NOES: ASSENT: ��m ABSTAIN Lat VERIFIED BY: Original on File i 1 City Clerk's Off. Masson, Rachelle From: Sent: Cc: Subject: John Rust [blvlfly@provide.net] Wednesday, March 08, 2006 8:02 AM Supervisor Marion Ashley director@dfg.ca.gov; Jim _Bartel@fws.gov; Information Mail; Klassen, Rachelle; jwohlmuth@cvag.org; Mayor@Coachella.org; jdelara@dc.rr.com; pbyrd@cityofindianwells.org; ed@edmonarch.net; rbernheimer@cityofindianwells.org; marytroche@aol.com; cnegron@cityofindianwells.org; RonO@ci.pal m-springs.ca.us; ginnyf@ci.paim-springs.ca.us; michaelm@ci.paim-springs.ca.us; chrism@ci.palm- springs.ca.us.; stevep@ci.palm-springs.ca.us; districtl @rcbos.org; district2@rcbos.org; district3@rcbos.org; district4@rcbos.org; Tmckeating@cathedralcity.gov; citycouncil@indio.org; alans@ci.rancho-mirage.ca.us; richardk@ci.rancho-mirage.ca.us; danah@ci.rancho-mirage.ca.us; ronm@ci.rancho-mirage.ca.us; madolph@la-quinta.org; ssniff@la-quinta.org; thenderson@la-quinta.org; losborne@la-quinta.org; rperkins@la- quinta.org The MSHCP Needs Revision! Dear Supervisor Marion Ashley, As a landowner in the Coachella Valley, Z urge the directors of the Coachella Valley Association of Governments to delay approval of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Under the current proposal, local landowners will suffer a dramatic decrease in the value of property they own within or adjacent to the Conservation Areas. Other Habitat Conservation Plans do not place such an extreme burden on property owners, and the Coachella Valley plan needs to be revised to avoid impacts like these. We need a new and better MSHCP: One that is based on sound biological science, not shakey computer models; one that gives landowners more flexibility and protection; one that shares burdens more evenly. The CVAG should not rush into a decision that will detrimentally impact the Coachella Valley for 75 years - we need to take our time and do it right. Sincerely, John Rust Belleville CC: CVAG Executive Director John Wohlmuth City of Blythe Mayor Robert Crain Vice Mayor Chuck Grotke co Councilmember Joseph De Coninck ocn Councilmember Alfonso Hernandez Councilmember Beverly Mays t�7 rs't n 1 City of Cathedral City Mayor Kathy De Rosa Mayor Pro Tem Greg Pettis Councilmember Paul S. Marchand Councilmember Chuck Vasquez Councilmember Bud England City of Coachella Mayor Jesse Villarreal Mayor Pro Tem Juan De Lara Councilmember Eduardo Garcia Councilmember Richard Macknicki Councilmember Gilbert Ramirez, Jr City of Desert Hot Springs Mayor Alex Bias Mayor Pro Tem Gary Bosworth Councilmember Yvonne Parks Councilmember Henry Hohenstein Councilmember Mary Stephens City of Indian Wells Mayor Ed Monarch Mayor Pro Tem Conrad Negron, Sr. Councilmember Rob Bernheimer Councilmember Mary T. Roche Councilmember Larry Spicer City of Indio Mayor Gene Gilbert Mayor Pro Tem Ben Godfrey Councilmember Melanie Fesmire Councilmember Lupe Ramos Watson 2 Councilmember Michael Wilson City of La Quinta Mayor Don Adolph Mayor Pro Tem Stanley Sniff Councilmember Terry Henderson Councilmember Lee Osborne Councilmember Ron Perkins City of Rancho Mirage Mayor Alan Seman Mayor Pro Tem Richard W. Kite Councilmember G. Dana Hobart Councilmember Ron Meepos City of Palm Desert Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jean M. Benson Councilmember Buford A. Crites Councilmember Robert A. Spiegel City of Palm Springs Mayor Ron Oden Mayor Pro Tem Ginny Foat Councilmember Michael McCulloch Councilmember Chris Mills Councilmember Stephen Pougnet County of Riverside Supervisor Bob Buster, 1st District Supervisor John Tavaglione, 2nd District Supervisor Jeff Stone, 3rd District Supervisor Roy Wilson, 4th District 3 Hon. Gale Norton , Secretary, Department of Interior Jim Bartel, United States Fish & Wildlife Service L. Ryan Broddrick, Director, California Department of Fish & Game Coalition for Smart Conservation 4 PATRICIA L. ABBEY 34-361 Calle Las Palmas Cathedral City, CA 92234 Tel (760) 328-5400 Fax (760) 324-5654 Email patricialabbey@verizon.net March 2, 2006 Mayor Jim Ferguson 73-510 Fred Waring Drive Palm Desert, CA 92260 PROPERTY OWNER CONCERNED WITH MSHCP FAIR MARKET VALUE Fair Market values were compiled 10 years ago, which is 10% of today's values. When will they have the funds to pay today's market values ? And in what order will they prioritize the million plus acres they need to purchase ? In the meantime property owners pay taxes on land they cannot use or sell. I have 1, 2-1/2, 5 and 10 acre parcels in the plan. SKY VALLEY DOWN ZONING / GENERAL PLAN The County General Plan down zoned Commercial and R-3 zoned properties to Residential, which down graded the values by 75% and now want property owners to pay for a zone change of approximately $7,000 per parcel plus additional fees if necessary. Tell me this is a mistake to be corrected. I have (3) Commercial and (6) R-3 properties I purchased as an investment for my retirement. The preservation of this wonderful desert is my concern also. I would never want to see another Phoenix. However, there are flaws to be corrected. Would you look into these issues. I look forward to your reply. Sincerely, Please do NOT foward to Roy Wilson. I sent him a copy. I would appreciate your comments and help. C: Coalition for Smart Conservation CVAG Mayors & Councilmembers all 9 cities All Riverside County Supervisors Klassen, Rachelle From: Sent: To: Cc: Subject: Stephen Mirman [s.miman@earthlink.net] Tuesday, March 07, 2006 8:11 AM Supervisor Marion Ashley director@dfg.ca.gov; Jim_Bartel@fws.gov; Information Mail; Klassen, Rachelle; jwohimuth@cvag.org; Mayor@Coachella.org; jdelara@dc.rr.com; pbyrd@cityofindianwells.org; ed@edmonarch.net; rbernheimer@cityofindianwells.org; marytroche@aol.com; cnegron@cityofindianwells.org; RonO@ci.palm-springs.ca.us; gin nyf@ci.palm -springs.ca.us; michaelm@ci.palm-springs.ca.us; chrism@ci.palm- springs.ca.us; stevep@ci.palm-springs.ca.us; districtl @rcbos.org; district2@rcbos.org; district3@rcbos.org; district4@rcbos.org; Tmckeating@cathedralcity.gov; citycouncil@indio.org; alans@ci.rancho-mirage.ca.us; richardk@ci.rancho-mirage.ca.us; danah@ci.rancho-mirage.ca.us; ronm@ci.rancho-mirage.ca.us; madolph@la-quinta.org; ssniff@la-quinta.org; thenderson@la-quinta.org; losborne@la-quinta.org; rperkins@la- quinta.org Revise the MSHCP! Dear Supervisor Marion Ashley, As a landowner in the Coachella Valley, I urge the directors of the Coachella Valley Association of Governments to delay approval of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Under the current proposal, local landowners will suffer a dramatic decrease in the value of property they own within or adjacent to the Conservation Areas. Other Habitat Conservation Plans do not place such an extreme burden on property owners, and the Coachella Valley plan needs to be revised to avoid impacts like these. We need a new and better MSHCP: One that is based on sound biological science, not shakey computer models; one that gives landowners more flexibility and protection; one that shares burdens more evenly. The CVAG should not rush into a decision that will detrimentally impact the Coachella Valley for 75 years - we need to take our time and do it right. Sincerely, Stephen Mirman Palm Springs CC: CVAG Executive Director John Wohlmuth City of Blythe ,�, Mayor Robert Crain; -; Crni'S Vice Mayor Chuck Grotke Councilmember Joseph De Coninck p co n � Councilmember Alfonso Hernandez t n c� Councilmember Beverly Mays CA rn 1 City of Cathedral City Mayor Kathy De Rosa Mayor Pro Tem Greg Pettis Councilmember Paul S. Marchand Councilmember Chuck Vasquez Councilmember Bud England City of Coachella Mayor Jesse Villarreal Mayor Pro Tem Juan De Lara Councilmember Eduardo Garcia Councilmember Richard Macknicki Councilmember Gilbert Ramirez, Jr City of Desert Hot Springs Mayor Alex Bias Mayor Pro Tem Gary Bosworth Councilmember Yvonne Parks Councilmember Henry Hohenstein Councilmember Mary Stephens City of Indian Wells Mayor Ed Monarch Mayor Pro Tem Conrad Negron, Sr. Councilmember Rob Bernheimer Councilmember Mary T. Roche Councilmember Larry Spicer City of Indio Mayor Gene Gilbert Mayor Pro Tem Ben Godfrey Councilmember Melanie Fesmire Councilmember Lupe Ramos Watson 2 Councilmember Michael Wilson City of La Quinta Mayor Don Adolph Mayor Pro Tem Stanley Sniff Councilmember Terry Henderson Councilmember Lee Osborne Councilmember Ron Perkins City of Rancho Mirage Mayor Alan Seman Mayor Pro Tem Richard W. Kite Councilmember G. Dana Hobart Councilmember Ron Meepos City of Palm Desert Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jean M. Benson Councilmember Buford A. Crites Councilmember Robert A. Spiegel City of Palm Springs Mayor Ron Oden Mayor Pro Tem Ginny Foat Councilmember Michael McCulloch Councilmember Chris Mills Councilmember Stephen Pougnet County of Riverside Supervisor Bob Buster, 1st District Supervisor John Tavaglione, 2nd District Supervisor Jeff Stone, 3rd District Supervisor Roy Wilson, 4th District C Hon. Gale Norton , Secretary, Department of Interior Jim Bartel, United States Fish & Wildlife Service L. Ryan Broddrick, Director, California Department of Fish & Game Coalition for Smart Conservation 4 Page 1 of 1 Klassen, Rachelle From: Gates, Mary Sent: Friday, February 24, 2006 4:47 PM To: Michelson, Wilma Cc: Drell, Phil; Klassen, Rachelle Subject: Multi -Species Habitat Conservation Plan Hi, Wilma Per our discussion earlier today, here is the name and phone number of a Palm Desert resident who is in FAVOR of the subject plan -- she is responding to the story in The Desert Sun today that advised people to call their cities if they had opinions and/or comments on the plan: Sylvia Tucker (340-3450) -- called at 12:55 p.m. on Friday, February 24, 2006 It is my understanding that these opinions and/or comments are supposed to go to the City Council. Thanks! hlu.rt/ T. (jales Administrative Secretary City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Phone: (760) 346-0611, Ext. 488 Fax: (760) 340-0574 Email: mgates@ci.palm-desert_ca.us 2/24/2006 Klassen, Rachelle From: Chung Ho [unhappyearth@hotmail.com] Sent: Monday, February 27, 2006 9:32 PM To: Supervisor Marion Ashley Cc: director@dfg.ca.gov; Jim_Bartel@fws.gov; Information Mail; Klassen, Rachelle; jwohlmuth@cvag.org; Mayor@Coachella.org; jdelara@dc.rr.com; pbyrd@cityofindianwells.org; ed@edmonarch.net; rbemheimer@cityofindianwells.org; marytroche@aol.com; cnegron@cityofindianwells.org; RonO@ci.palm-springs.ca.us; ginnyf@ci.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; chrism@ci.palm- springs.ca.us; stevep@ci.palm-springs.ca.us; districtl @rcbos.org; district2@rcbos.org; district3@rcbos.org; district4@rcbos.org; Tmckeating@cathedralcity.gov; citycouncil@indio.org; alans@ci.rancho-mirage.ca.us; richardk@ci.rancho-mirage. ca. us; danah@ci.rancho-mirage.ca.us; ronm@ci.rancho-mirage.ca.us; madolph@la-quinta.org; ssniff@la-quinta.org; thenderson@la-quinta.org; losborne@la-quinta.org; rperkins@la- quinta.org Subject: Local Resident Concerned with the MSHCP! Dear Supervisor Marion Ashley, As a landowner in the Coachella Valley, I urge the directors of the Coachella Valley Association of Governments to delay approval of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Under the current proposal, local landowners will suffer a dramatic decrease in the value of property they own within or adjacent to the Conservation Areas. Other Habitat Conservation Plans do not place such an extreme burden on property owners, and the Coachella Valley plan needs to be revised to avoid impacts like these. We need a new and better MSHCP: One that is based on sound biological science, not shakey computer models; one that gives landowners more flexibility and protection; one that shares burdens more evenly. The CVAG should not rush into a decision that will detrimentally impact the Coachella Valley for 75 years - we need to take our time and do it right. Sincerely, Chung Ho Riverside County CC: CVAG Executive Director John Wohlmuth City of Blythe Mayor Robert Crain Vice Mayor Chuck Grotke Councilmember Joseph De Coninck Councilmember Alfonso Hernandez Councilmember Beverly Mays 1 City of Cathedral City Mayor Kathy De Rosa Mayor Pro Tem Greg Pettis Councilmember Paul S. Marchand Councilmember Chuck Vasquez Councilmember Bud England City of Coachella Mayor Jesse Villarreal Mayor Pro Tem Juan De Lara Councilmember Eduardo Garcia Councilmember Richard Macknicki Councilmember Gilbert Ramirez, Jr City of Desert Hot Springs Mayor Alex Bias Mayor Pro Tem Gary Bosworth Councilmember Yvonne Parks Councilmember Henry Hohenstein Councilmember Mary Stephens City of Indian Wells Mayor Ed Monarch Mayor Pro Tem Conrad Negron, Sr. Councilmember Rob Bernheimer Councilmember Mary T. Roche Councilmember Larry Spicer City of Indio Mayor Gene Gilbert Mayor Pro Tem Ben Godfrey Councilmember Melanie Fesmire Councilmember Lupe Ramos Watson 2 Councilmember Michael Wilson City of La Quinta Mayor Don Adolph Mayor Pro Tem Stanley Sniff Councilmember Terry Henderson Councilmember Lee Osborne Councilmember Ron Perkins City of Rancho Mirage Mayor Alan Seman Mayor Pro Tem Richard W. Kite Councilmember G. Dana Hobart Councilmember Ron Meepos City of Palm Desert Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jean M. Benson Councilmember Buford A. Crites Councilmember Robert A. Spiegel City of Palm Springs Mayor Ron Oden Mayor Pro Tem Ginny Foat Councilmember Michael McCulloch Councilmember Chris Mills Councilmember Stephen Pougnet County of Riverside Supervisor Bob Buster, 1st District Supervisor John Tavaglione, 2nd District Supervisor Jeff Stone, 3rd District Supervisor Roy Wilson, 4th District 3 Hon. Gale Norton , Secretary, Department of Interior Jim Bartel, United States Fish & Wildlife Service L. Ryan Broddrick, Director, California Department of Fish & Game Coalition for Smart Conservation 4 Klassen, Rachelle From Sent: To: Cc: Subject: JANE BUCKLAND [MJBUCKLAND@ADELPHIA.NET] Wednesday, March 01, 2006 9:57 AM Supervisor Marion Ashley director@dfg.ca.gov; Jim_Bartel@fws.gov; InformationMail; Klassen, Rachelle; jwohlmuth@cvag.org; Mayor@Coachella.org; jdelara@dc.rr.com; pbyrd@cityofindianwells.org; ed@edmonarch.net; rbernheimer@cityofindianwells.org; marytroche@aol.com; cnegron@cityofindianwells.org; RonO@ci.pal m-springs.ca.us; ginnyf@ci.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; chrism@ci.palm- springs.ca.us; stevep@ci.palm-springs.ca.us; district1 @rcbos.org; district2@rcbos.org; district3@rcbos.org; district4@rcbos.org; Tmckeating@cathedralcity.gov; citycouncil@indio.org; alans@ci.rancho-mirage.ca.us; richardk@ci.rancho-mirage.ca.us; danah@ci.rancho-mirage.ca.us; ronm@ci.rancho-mirage.ca.us; madolph@la-quinta.org; ssniff@la-quinta.org; thenderson@la-quinta.org; losborne@la-quinta.org; rperkins@la- quinta.org Revise the MSHCP! Dear Supervisor Marion Ashley, As a landowner in the Coachella Valley, I urge the directors of the Coachella Valley Association of Governments to delay approval of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Under the current proposal, local landowners will suffer a dramatic decrease in the value of property they own within or adjacent to the Conservation Areas. Other Habitat Conservation Plans do not place such an extreme burden on property owners, and the Coachella Valley plan needs to be revised to avoid impacts like these. We need a new and better MSHCP: One that is based on sound biological science, not shakey computer models; one that gives landowners more flexibility and protection; one that shares burdens more evenly. The CVAG should not rush into a decision that will detrimentally impact the Coachella Valley for 75 years - we need to take our time and do it right. Sincerely, JANE BUCKLAND CARLSBAD CC: CVAG Executive Director John Wohlmuth City of Blythe Mayor Robert Crain Vice Mayor Chuck Grotke Councilmember Joseph De Coninck Councilmember Alfonso Hernandez Councilmember Beverly Mays 1 City of Cathedral City Mayor Kathy De Rosa Mayor Pro Tem Greg Pettis Councilmember Paul S. Marchand Councilmember Chuck Vasquez Councilmember Bud England City of Coachella Mayor Jesse Villarreal Mayor Pro Tem Juan De Lara Councilmember Eduardo Garcia Councilmember Richard Macknicki Councilmember Gilbert Ramirez, Jr City of Desert Hot Springs Mayor Alex Bias Mayor Pro Tem Gary Bosworth Councilmember Yvonne Parks Councilmember Henry Hohenstein Councilmember Mary Stephens City of Indian Wells Mayor Ed Monarch Mayor Pro Tem Conrad Negron, Sr. Councilmember Rob Bernheimer Councilmember Mary T. Roche Councilmember Larry Spicer City of Indio Mayor Gene Gilbert Mayor Pro Tem Ben Godfrey Councilmember Melanie Fesmire Councilmember Lupe Ramos Watson 2 Councilmember Michael Wilson City of La Quinta Mayor Don Adolph Mayor Pro Tem Stanley Sniff Councilmember Terry Henderson Councilmember Lee Osborne Councilmember Ron Perkins City of Rancho Mirage Mayor Alan Seman Mayor Pro Tem Richard W. Kite Councilmember G. Dana Hobart Councilmember Ron Meepos City of Palm Desert Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jean M. Benson Councilmember Buford A. Crites Councilmember. Robert A. Spiegel City of Palm Springs Mayor Ron Oden Mayor Pro Tem Ginny Foat Councilmember Michael McCulloch Councilmember Chris Mills Councilmember Stephen Pougnet County of Riverside Supervisor Bob Buster, 1st District Supervisor John Tavaglione, 2nd District Supervisor Jeff Stone, 3rd District Supervisor Roy Wilson, 4th District 3 Hon. Gale Norton , Secretary, Department of Interior Jim Bartel, United States Fish & Wildlife Service L. Ryan Broddrick, Director, California Department of Fish & Game Coalition for Smart Conservation 4 Klassen, Rachelle From: Janet Condie gancondie@gmail.com] Sent: Friday, March 03, 2006 12:18 AM To: Supervisor Marion Ashley Cc: director@dfg.ce.gov; Jim_Bartel@fws.gov; Information Mail; Klassen, Rachelle; jwohlmuth@cvag.org; Mayor@Coachella.org; jdelara@dc.rr.com; pbyrd@cityofindianwells.org; ed@edmonarch.net; rbernheimer@cityofindianwells.org; marytroche@aol.com; cnegron@cityofindianwells.org; Ron O@ci.palm-springs.ca.us; ginnyf@ci.palm-springs.ca.us; michaelm@ci.palm-springs.ca.us; chrism@ci.palm- springs.ca.us; stevep@ci.palm -springs.ca. us; district1@rcbos.org; district2@rcbos.org; district3@rcbos.org; district4@rcbos.org; Tmckeating@cathedralcity.gov; citycouncil@indio.org; alans@ci.rancho-mirage.ca.us; richardk@ci.rancho-mirage.ca.us; danah@ci.rancho-mirage.ca.us; ronm@ci.rancho-mirage.ca.us; madolph@la-quinta.org; ssniff@la-quinta.org; thenderson@la-quinta.org; losborne@la-quinta.org; rperkins@la- quinta.org Subject: Local Resident Concerned with the MSHCP! Dear Supervisor Marion Ashley, As a landowner in the Coachella Valley, I urge the directors of the Coachella Valley Association of Governments to delay approval of the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP). Under the current proposal, local landowners will suffer a dramatic decrease in the value of property they own within or adjacent to the Conservation Areas. Other Habitat Conservation Plans do not place such an extreme burden on property owners, and the Coachella Valley plan needs to be revised to avoid impacts like these. We need a new and better MSHCP: one that is based on sound biological science, not shakey computer models; one that gives landowners more flexibility and protection; one that shares burdens more evenly. The CVAG should not rush into a decision that will detrimentally impact the Coachella Valley for 75 years - we need to take our time and do it right. Sincerely, Janet Condie San Marino CC: CVAG Executive Director John Wohlmuth City of Blythe Mayor Robert Crain Vice Mayor Chuck Grotke Councilmember Joseph De Coninck Councilmember Alfonso Hernandez Councilmember Beverly Mays City of Cathedral City Mayor Kathy De Rosa Mayor Pro Tem Greg Pettis Councilmember Paul S. Marchand Councilmember Chuck Vasquez Councilmember Bud England City of Coachella Mayor Jesse Villarreal Mayor Pro Tem Juan De Lara Councilmember Eduardo Garcia Councilmember Richard Macknicki Councilmember Gilbert Ramirez, Jr City of Desert Hot Springs Mayor Alex Bias Mayor Pro Tem Gary Bosworth Councilmember Yvonne Parks Councilmember Henry Hohenstein Councilmember Mary Stephens City of Indian Wells Mayor Ed Monarch Mayor Pro Tem Conrad Negron, Sr. Councilmember Rob Bernheimer Councilmember Mary T. Roche Councilmember Larry Spicer City of Indio Mayor Gene Gilbert Mayor Pro Tem Ben Godfrey Councilmember Melanie Fesmire Councilmember Lupe Ramos Watson 2 Councilmember Michael Wilson City of La Quinta Mayor Don Adolph Mayor Pro Tem Stanley Sniff Councilmember Terry Henderson Councilmember Lee Osborne Councilmember Ron Perkins City of Rancho Mirage Mayor Alan Seman Mayor Pro Tem Richard W. Kite Councilmember G. Dana Hobart Councilmember Ron Meepos City of Palm Desert Mayor Jim Ferguson Mayor Pro Tem Richard S. Kelly Councilmember Jean M. Benson Councilmember Buford A. Crites Councilmember Robert A. Spiegel City of Palm Springs Mayor Ron Oden Mayor Pro Tem Ginny Foat Councilmember Michael McCulloch Councilmember Chris Mills Councilmember Stephen Pougnet County of Riverside Supervisor Bob Buster, 1st District Supervisor John Tavaglione, 2nd District Supervisor Jeff Stone, 3rd District Supervisor Roy Wilson, 4th District 3 Hon. Gale Norton , Secretary, Department of Interior Jim Bartel, United States Fish & Wildlife Service L. Ryan Broddrick, Director, California Department of Fish & Game Coalition for Smart Conservation 4 Benefits of the MSHCP ➢ Local Control over Endangered Species Act Issues. When a Habitat Conservation Plan is approved, the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game (CDFG) transfer their authority to issue an Incidental Take Permit (ITP) for a project under the state and federal Endangered Species Acts (ESAs) to local government. This eliminates the need for projects undertaken or approved by local governments who are Permittees under the MSHCP to deal with CDFG and USFWS. Instead, local government has control and issues an ITP for projects that are consistent with the MSHCP. ➢ Simplification of Compliance with the State and Federal Endangered Species Acts and Certainty for Development. The MSHCP provides simplified compliance with the state and federal ESAs and provides certainty to the development process. For projects outside the Conservation Areas, this means that the projects would no longer have to conduct biological surveys, address biological resource issues in an EIR, or negotiate individually with CDFG and USFWS regarding mitigation. Instead, projects outside the Conservation Areas would simply pay the Development Mitigation Fee. ➢ Coverage for Roads and other Vital Infrastructure Projects for 75 Years. In addition to providing ITPs and mitigation for critical freeway interchange projects in the Coachella Valley, the MSHCP provides ITPs for the regional road network (TPPS projects) and 75 years worth of Caltrans projects, including freeway and highway widening projects and bridge improvements. Other projects covered by the MSHCP include projects approved pursuant to county and city general plans, including the circulation element of said general plans, master drainage plans, capital improvement plans, water and waste management plans, the County's adopted Trails Master Plan, and other plans adopted by the Permittees. Also covered under the MSHCP are operations and maintenance of existing and future public facilities including publicly maintained roads and rights -of -way; materials pits; maintenance yards; flood control facilities; landfills, transfer stations, and other solid waste related facilities; water development, production, storage, treatment, and transmission facilities; sewage treatment and transmission facilities; reclaimed water storage and transmission facilities; public parks; substations and electric transmission facilities; and other public utility facilities providing services essential to the health, safety, and welfare of the public. ➢ Maintaining quality of life and conferring economic benefits. The MSHCP will provide for the conservation of significant natural resource lands throughout the Coachella Valley since the wildlife habitat conserved by the MSHCP contains other resource values as well. Protection of these lands will maintain the Coachella Valley's quality of life by conserving the area's scenic and open space qualities and providing recreation amenities. Open space enhances property values and supports the area's tourism economy. Half of the lands to be acquired are expected to be funded with state and federal dollars, thus effectively leveraging the local Development Mitigation Fee money. Ramifications of the MSHCP's not being Approved If the MSHCP is not approved (which requires all the Permittees to approve it), there will be no Incidental Take Permit (ITP) for the eleven currently listed species that occur in Coachella Valley and no ITPs for the currently non -listed Covered Species should they become listed. The consequences of that are as follows: ➢ Loss of Coachella Valley Fringe -toed Lizard Permit. The current state ITP for the Coachella Valley fringe -toed lizard (CVFTL) will no longer be valid; further, USFWS is likely to initiate suspension or revocation of the federal ITP because the MSHCP is intended to redress deficiencies in the existing CVFTL HCP identified by USFWS. Without the MSHCP, it is expected that the existing Take Permit will be suspended or revoked and development that would impact this species would no longer be permitted. This would have an enormous impact on development throughout much of the Coachella Valley. ➢ No coverage for Transportation Projects. If the MSHCP is not approved, there would be no ITP for the TPPS projects or for Caltrans' improvements. Each such project would need to seek an ITP on a project by project basis from the Wildlife Agencies. While the freeway interchanges and associated arterials are being addressed on a parallel track to the MSHCP with the Wildlife Agencies, there are likely to be delays with these projects occasioned by the lack of an MSHCP. ➢ Risk of New Species being Listed as Threatened or Endangered. Should a species not currently listed become listed (such as the flat -tailed horned lizard or Coachella Valley round -tailed ground squirrel), all development in that species' habitat would be prohibited under the Endangered Species Act without an ITP. This would have a chilling effect on development in the Coachella Valley. ➢ No Simplification of Compliance with the State and Federal Endangered Species Acts. Even projects that do not impact a threatened or endangered species must still address the impacts of the project on other wildlife species. This may require preparation of an EIR, surveys of the project site to determine if sensitive species are present, and mitigation measures, which may have to be individually negotiated with USFWS and CDFG. Such individual project mitigation can be quite costly and can cause significant delays in projects. Coachella Vallev Multiple Species Habitat Conservation Plan -Executive Summarv, The Coachella Valley Multiple Species Habitat Conservation Plan establishes and provides funds to monitor and manage a Reserve System that will conserve habitat for 27 Covered Species as well as 27 natural communities. It adds more than 200,000 acres to existing local, state, federal, and private conservation lands to establish an approximately 725,000 acre Reserve System, including new conservation areas, portions of Joshua Tree National Park and the Santa Rosa and San Jacinto Mountains National Monument. This system will protect covered species and natural communities conserved in the plan and watch over watersheds and creeks important to the local water supply, limit urban sprawl, enhance quality of life issues, and provide new recreational opportunities, including trails and wildlife viewing areas. Trails Component The plan also includes a Trails Plan for the Santa Rosa and San Jacinto Mountains, which reflects the high degree of concern about balancing recreation use and protection of the endangered Peninsular bighorn sheep. The Trails Plan: 1. Identifies year round trails; 2. Delineates new Perimeter Trails to be constructed on the edge of bighorn habitat and away from the most biologically sensitive areas; and 3. Establishes a permit system between January 15 and June 30th for the nine trails in the most sensitive bighorn sheep areas. Permittees and Take Permits The plan is both proactive and comprehensive and serves, as the basis for obtaining Take Permits, which will enable future growth and development to be in compliance with state and federal endangered species protection laws. A take permit allows a permitting process for a specified amount of take of threatened and endangered species. The take is in exchange for the establishment and management and monitoring of a reserve system for the permanent protection of those species. As permittees, all Coachella Valley cities and Riverside County, will receive these Take Permits. Plan Implementation - Coachella Valley Conservation Commission The local permittees are also establishing the Coachella Valley Conservation Commission, a joint powers authority, to implement the Plan. The Commission will administer revenues from various fees and other potential sources to implement the land acquisition program and ensure that the Reserve System lands are monitored and managed. The acquisition program is projected to require 30 years to complete. The Commission will also build an endowment fund to provide for monitoring and management of the Reserve System lands in perpetuity. This goal is not easy, as it will take 75 years to fully fund the endowment, allowing its annual interest to adequately fund the yearly monitoring and management costs. The Commission will also oversee a Joint Project Review Process for proposed development projects in Conservation Areas, to ensure the project is consistent with the plan's conservation objectives. What if there is no Conservation Plan? 1. Projects that would result in take of a currently listed threatened or endangered species would be unable to proceed, unless they went through a permitting process satisfactory to both state and federal agencies. This process could easily require many years, during which time the project, whether a private development project or a freeway interchange, could not proceed. 2. There is a high risk of additional species being listed as threatened or endangered, which could impede growth and development/public infrastructure projects within the Coachella Valley. 3. Projects that do not impact a threatened or endangered species must still address the impacts of the project on these and other wildlife species as required by the California Environmental Quality Act. This process may require preparation of an Environmental Impact Report (EIR), project surveys to determine the existence of sensitive species. Mitigation measures may also be required leading to negotiation with federal and state agencies. Such individual project mitigation can be quite costly and cause significant delays. There also remains the risk of the project s being challenged by environmental organizations that believe the project is inadequately analyzing or mitigating its impacts. Conclusion The Coachella Valley Multiple Species Habitat Conservation Plan will simplify the approval process for future growth and development, including both public infrastructure projects and private development. Developers can satisfy complex state and federal endangered species protection laws and requirements by simple compliance with this plan. Instead of undertaking lengthy surveys, environmental analysis, and negotiations with regulatory agencies, projects outside the plan's conservation areas will, in most instances, simply pay the required mitigation fee. This proactive and comprehensive plan balances the frequently conflicting needs of conservation and development in the Coachella Valley.