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HomeMy WebLinkAbout2B Public CommentAnthony Mejia From: Charles Howland <cphowland@aol.com> Sent: Friday, July 23, 2021 10:04 AM To: Anthony Mejia Subject: Canyon View, Item 2B NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Mr. Mejia, This email is in support of the Canyon View project on East Palm Canyon and Matthew Drive. This property has been neglected too long, and Palm springs needs housing. Charlie Howland Ola Vista Studio ITEM NO. 2 ` - 671z2(wZ Anthony Mejia From: Joe Milner <smoothiej@gmail.corn> Sent: Thursday, July 22, 2021 5:46 PM To: City Clerk Subject: Canyon View/Matthew Drive project vs critical wildlife NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello, I am a fulltime resident of Palm Springs and am writing to voice my objection regarding the developer of the canyon view/ Matthew Drive project being allowed to destroy the setback area with bulldozers. This is a totally unnecessary, brute force "easy way" method and will destroy critical habitat of the Palm springs Roundtail Squirrel and the Casey's .June Beetle. The squirrels are already being considered for endangered designation in our state ... which means their population was and is already concerning. This project, if allowed to proceed as proposed, will decimate them even further. The squirrel is a covered species under the MSHCP. This designation alone should have weight in preventing the developer from destroying their habitat. This method simply doesn't make sense when the solution (preserving the setback) has minimal effect on the developer's bottom line but maximal impact as to whether these innocent creatures will be able to continue to exist in what has been their home for thousands of years before we arrived. Please, do the right thing for the animals and the environment and do not allow the developer to destroy critical habitat. Thank you. Joe Milner Palm Springs, CA ITEM NO. I v 6� C -2 Za"Ll 1 SEAN LUUS 1700 S. Araby Dr., #69, Palm Springs, CA 92264 1 949.922.3311 1 seanluus@me.com 07/22/2021 City Clerk of Palm Springs Palm Springs City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE. Public Hearing #B and New Business #5C on Thursday, July 22, 2021— Canyon View Development Dear City Clerk of Palm Springs: I with this respectfully request in symphony with Oswit Land Trust, that a reasonable parameter of the Canyon View development be preserved in its naturally rich and mature state, to protect some of our rarest species of animals and endangered species such as Casey's June Beetle (unique to Palm Springs) as well as the Round -tailed Ground Squirrel (unique to Coachella Valley). We have a once -in -a -lifetime opportunity to save these endangered animals. This particular project allows a compromise with the developer to preserve perimeters for a protected habitat without impacting the number of units planned. I am an avid wildlife advocate to preserve and save the gift of our incredible natural habitats with their equally unique and fascinating inhabitants. The small steps we can take right now in working closely with city leaders, the community, and developers allow us to save these natural treasures for ourselves and the generations to follow. I thank you for your consideration and time of this request. Sincerely, Sean Luus 1 ITEM NO. d'l 2ZA 2Z2 F' .71 So14f~ertr 1'llllirts L"n.A Trwsf GAINING GROUND FOR PRAIRIE WILDLIFE July 22, 2021 Palm Springs City Council Via Palm Springs City Clerk: cityclerk@palmspringsca.gov Dear Palm Springs City Council: P.O. Box 1016 Lamar, CO 81052 720-841-1757 www.southernplains.org splt@southernplains.org FEIN# 84-1470479 The Oswit Land Trust recently informed us of their effort to work with the developer of Canyon View to preserve important wildlife habitat on the periphery of a proposed development. We are a partner land trust, given our shared emphasis on protecting wildlife and their habitats through common-sense land and species protection strategies. We urge you to consider the Oswit Land Trust's suggestions, given the importance of preserving biodiversity in Palm Springs and the Coachella Valley more broadly. It is our understanding that species such as the Casey's June Beetle and the Palm Springs Round-tailed Ground Squirrel are at risk from the proposed development. The Casey's June Beetle is listed as Endangered under the federal Endangered Species Act and is limited to Palm Springs. The Palm Springs Round-tailed Ground Squirrel is ranked as T2 by NatureServe, which means that it is imperiled. It is restricted to the floor of the Coachella Valley, and the primary driver of its imperilment is development. Given the narrow range of both of these species, you have a special and important opportunity to take action to protect these at-risk species. Creatures such as these are part of the rich tapestry of life on this planet. The ground squirrel, for example, provides prey and burrow habitat for other wildlife. In the region where our land trust works -in the southern Great Plains -we provide habitat for prairie dogs, which are similarly important ecologically. All of these species depend on day to day, site specific choices, such as the one before you. And that's why I am writing you today: I think municipalities across the country would be well-served to link arms with land trusts to ensure that biodiversity is preserved for future generations of humans and nature alike. Scientists have been sounding the alarm for decades that imperiled species are like canaries in the coal mine: they signal when humanity has overstepped nature's bounds. Sometimes measures that are required to safeguard them mean putting the brakes on human economic activity. But what the Oswit Land Trust is suggesting is much more modest: they are providing a pragmatic and reasonable path forward for both the development and habitat protection. Sincerely, Nicole J. Rosmarino, Executive Director iJzt/~t.-1 ITEMNO.o">e> 1c.tblit l',mm,nt Anthony Mejia From: Sent: To: Subject: Jesse Archer <jesseonthebrink@gmail.com> Thursday, July 22, 2021 4:06 PM City Clerk Canyon View/EHOF project NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Mr Mejia/City Clerk, Would you please pass along my concerns (below) regarding the Canyon View/EHOF Project to the Palm Springs council members and add to the public comment section? As a citizen of Palm Springs, I want to add my voice to those advocating for protection of the wild vegetation and habitat at the perimeter of the above-mentioned project. As I understand it, the developers are resisting a simple request to allow even one side of their project's environmental perimeter to remain wild and not graded/bulldozed. This very reasonable ask will protect native species, each of which are essential to our fragile ecosystem. I hope I may count on your powerful voice as my mayor and council members to speak out in favor of preserving a small sliver of native habitat from needless destruction. I would appreciate hearing their thoughts on the above matter and what, if any, action they plan to take. Thank you for your time. Sincerely, Jesse Archer 222 N. Jill Circle Palm Springs, CA. 92262 (31 0) 920-0621 1 ,1-zi/u,z, ITEM NO. OS P~bi.c.. /)rmlhl1tt Anthony Mejia From: Sent: To: gloria mendoza <glogirlgram@yahoo.com> Thursday, July 22, 2021 4:19 PM City Clerk Subject: Please give my comment to all City Council Members for todays meeting thank you NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. I am a concerned resident of Palm Springs and am against the developer of CanyonNiew Matthew Drive project it would destroy the setback with bulldozers. Im sure there must be a way to get the same number of units while protecting the habitat for endangered animals and insects that have survived there. Palm Springs round tailed squirrels are being considered on the endangers species list in our state. Their population is already concerning. This project would destroy their habitat. Please preserve the setback so that these little creatures will be able to exist in what has been their home for hundreds of years before we started building here. Please do not allow the developer to destroy the habitat of all the little creatures that live there Thank you, Gloria Ortiz Mendoza 1383 E. Caleta Way Palm Springs, Ca 92262 , lz ,z, I -ia,' 1 ITEM NO. ::)!, ll,.,bUt. Q,,.,.,,,.,,.yj- Anthony Mejia From: Sent: To: Subject: KB <pskev@icloud.com> Thursday, July 22, 2021 3:42 PM Anthony Mejia Canyon View NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. PLEASE STOP THE BUILDING! Save our open spaces and land! No more new housing as we are in a major drought, and our roads cannot handle any more people being here ... Building is not progress, dealing with what we already have IS progress. It seems during Covid so last year and a half all the land is being scooped up and developed, and it's not right, it's not good for the environment and it's not good for our roads, and especially the police department which is running very thin ... No more building! You can prevent animals from being crushed to death! The City Council is reviewing the Canyon View/EHOF project (agenda item public hearing 2b) on the corner of Matthew Drive and Palm Canyon (Across from Vons). The developer wants to destroy the native habitat (which is located on the perimeter and within the required setback). This area is filled with birds, bunnies, squirrels, lizards and our endangered Casey's June beetle ( only found in Palm Springs). It is not necessary to destroy that habitat in building the 80 homes. These animals will not run when construction starts. Bunnies and squirrels when frightened will go into their burrows only to be crushed to death. The endangered Casey's June beetle can't run and will be crushed. Please ask the council to protect that perimeter and not allow any bulldozing and grading. Let's protect and enhance that habitat...not destroy and kill. Now is the time to help. Once you see the construction fence and trapped animals it's too late. We need to be good stewards of our wildlife. This is a very reasonable request. KB KB 1 -,tz~/,uA,/ ITEMN~/3 JW,L;~~ Anthony Mejia From: Sent: To: Subject: Sophia Somers <sophia@oswitlandtrust.org> Thursday, July 22, 2021 3:43 PM City Clerk Canyon View Development NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. To Whom It May Concern, My name is Sophia Somers and I am a resident of Waverly Park located off S.Gene Autry Trail (an extension of E. Matthew Drive) where the Canyon View Development is scheduled to take place. I am very concerned for the wildlife that currently inhabits this parcel of land along with the mature natural shrubs running parallel to E. Palm Canyon Drive. It's understandable how at a first glance one might only notice trash and evidence of homelessness here. However, that is only avail that unfortunately distracts from the true beauty right there underneath. This is a problem, but if left in the care of Oswit Land Trust there would be solutions towards keeping this open space free of garbage and then likely highlighted for its unique role as home to the federally endangered Casey's June Beetle and other magnificent wildlife such as roadrunners, lizards, hawks, rabbits, and the Coachella Valley Round-tailed Ground Squirrel. There is an opportunity here for us to build intrinsic and extrinsic generational value, which is economically viable in the growing EcoTourism industry. I know you all work tirelessly to do what you believe is in the best interest of the community, and I am only asking you to think of how important animals are to the well-being of people as more and more of them are disappearing because of our uninspiring economic agenda. At this point, you are all aware of what is at stake for not only the wildlife here on this property, but for the image and moral consciousness of the Palm Springs City Council. With that said, please consider these animals and their habitat in your decision-making process tonight at the meeting. Thank you for your time and consideration. Sophia Somers Development Assistant Oswit Land Trust www.oswitlandtrust.org sophia@oswitlandtrust.com 1 -, I 1,., t1 ZIJ~< ITEM No.&5 Py~Jc~ Anthony Mejia From: Sent: To: Subject: lala mendoza <artista_la@yahoo.com> Thursday, July 22, 2021 2:46 PM City Clerk Please disseminate this comment to all City Council Members for today's meeting thanks NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. I am a Palm sprin~s resident who is very much against the developer of canyon view/ Matthew Drive proJect being allowed to destroy the setback area with bulldozers. This doesn't need to happen. They can get the same number of units out of their project while also protecting critical habitat for endangered animals like Casey's June Beetle and Palm · Springs round tailed squirrels. The squirrels were being considered for endangered designation in our state ... which frankly means their population was and is already concerning. This project certainly won't help their plight. The squirrel is a covered species under the MSHCP. This designation alone should have weight in preventing the developer from destroying their habitat. This situation simply doesn't make sense when the solution (preserving the setback) has minimal effect to their bottom line but maximal determination as to whether these innocent creatures will be able to continue to exist in what has been their home for thousands of years before we arrived. Please do the right thing and do not allow the developer to destroy critical habitat. Thank you. Laura A Mendoza La Artista Design, Inc. ph. 323.605.9276 / laartista.com 1 1 /1111/111v{ ITEMNo.dE:>~ Anthony Mejia From: Sent: To: Subject: James <wildgardener@gmail.com> Thursday, July 22, 2021 2:44 PM City Clerk Canyon View Development NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City council members, Please ask the developer of the Canyon View proposed project to retain the mature habitat along the wash on East Palm Canyon Drive and on Matthew Drive toward the bend. Preserving these perimeters would have no impact on the number of units that the developer is proposing in the plan. Yet out of town and out of state developers allowed to extirpate an endangered species is something our community needs to guard closely against. Please have the developer work with Oswit land trust in order to ensure that this mature habitat hosting many species including the endangered Casey's June beetle, the threatened round-tailed ground squirrel and many other species are not bulldozed and destroyed. James Schott 1 , 1/J'Z, I 2')4'( ITEM NO. Jr; f'wJ,ue, ~ Anthony Mejia From: Sent: To: Subject: Tamara Hedges <tamara.hedges@gmail.com> Thursday, July 22, 2021 1 :17 PM City Clerk Item 2B Canyon View Development NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Mayor Holstege, Mayor Pro Tern Middleton and Councilmembers, We are writing to you today as Palm Springs residents and advocates for wildlife. The Canyon View development, as currently proposed, completely destroys vital habitat for numerous species in that area, including the endangered Casey's June Beetle (Dinacoma caseyi) and the imperiled Palm Springs Round-tailed Ground Squirrel (Xerospermophilus tereticaudus chlorus). Cottontail, jack rabbits, roadrunners, a variety of lizards and other native desert dwellers also call that small island of open space home. Preserving the perimeter of the housing development is one small way to give these local species a chance to survive and thrive, serving as a mini-wildlife corridor. For far too long there has been an either/or approach to development -either full development or open space. It is time that we embrace and implement new and innovative ways to integrate and weave wild and quasi-wild spaces into our suburban and urban development plans. We can look to the original and current caretakers of this land, the Cahuilla, to protect and preserve the delicate desert ecosystems for generations to come. Cities all over the world are starting to understand the importance of habitat preservation: https://e360.yale.edu/features/habitat-on-the-edges-making-room-for-wildlife-in-an-urbanized-world We moved to Palm Springs because of the natural beauty of this place. We support smart and strategic development efforts that benefit the residents and businesses here. We know that there is a way to preserve and protect wildlife and wildspaces and still grow our economy and community. It may not be the easiest path, but it is the right one. Respectfully, Tamara Hedges Tony Thelemaque 415.596.4998 "The earth does not belong to us. We belong to the earth." -Chief Seattle 1 i 1~1/(Zo21 ITEMNo.J1' PLibUv (}JmlYlVlf Anthony Mejia From: Sent: To: Subject: Attachments: Lisa Kaplowitz <lkaplowitz@gmail.com> Thursday, July 22, 2021 12:41 PM City Clerk Items 2B and SC on Tonight's City Council Agenda -Please distribute to all City Council Members Baby Red-tailed Hawk-Bel Air Greens.JPG; Baby Great Horned Owl-Tahquitz Golf Course.JPG NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. To Whom It May Concern: I am writing in regards to Items 2B and SC on tonight's City Council agenda, and asking (1) that the Whitewater property and Bel Air Greens not be included in the proposed general plan changes; and (2) to save the perimeter around the Canyon View Development, home of the endangered Casey's June Beetle, as well as numerous other species and mature vegetation. More and more, we are confronted with devastating habitat loss and decimation of species driven by out-of-control development and climate change. The Washington Post recently wrote about a "hawkpocalypse" occurring in the West in which young birds of prey are jumping from their nests before they have fledged, due to the extreme heat which is increasingly becoming the norm. Attached are a couple of my images of baby birds of prey taken on or near Bel Air Greens to show what is at stake. https://www.washingtonpost.com/nation/2021/07 /17 /heat-wave-baby-hawks/ As a wildlife photographer, I have frequented these sites and have documented the diversity of both flora and fauna on these vanishing tracts of land. Once the land is gone, so are the life forms which depend on it. I propose that the City Council direct their resources to do something truly visionary and save these parcels from further development, rather than be driven by the short-sighted agendas of less than scrupulous developers. I, for one, would prefer to not be confronted with a dystopian, "Silent Spring"-like future. Thank you for your time. Sincerely, Lisa Kaplowitz 1 -" f-z--£.-I u,2< lTEM NOf}e,/5 e,, Pt4bltivCi~ Anthony Mejia Subject: RE: Canyon view. From: Jane Fawke <laragna.web@gmail.com > Date: July 22, 2021 at 12:25:16 PM PDT To: Christy Holstege <Christy.Holstege@palmspringsca.gov> Subject: Canyon view. NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Good afternoon, Madame Mayor, I am a Climate studies graduate at UCR Palm Desert, and the plan to destroy native habitat at Canyon View is a bad one. I am relying on you not to allow this damage to a very fragile eco-system. Thank you. Jane "Spider" Fawke 1 -,/z ,i /202 ( ~B f<Abl.a"-Corw~f ITEM NO. ____ _ Anthony Mejia From: Sent: To: Subject: Bettina Rosmarino <bettina@oswitlandtrust.org> Wednesday, July 21, 20211:15 PM City Clerk Oswit Land Trust packet re: Canyon View development Attachments: Oswit Land Trust Packet Re_ Canyon View Development.docx; CJB Recovery Outline_FINAL.pdf; 210628 Letter re CEQA issues.pdf; Sustura.Haimann.Richard.Matthew.Drive.CanyonView.City.Council.Hearing.writeup.v2.pdf NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please distribute to city council. Thank you. Bettina Rosmarino Oswit Land Trust Board Member 323-333-9446 www .oswitlandtrust.org 1/zz/wtt 1 ITEM NO. ~B M4h~c. l1rnrn,,vT 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 PACKET FOR CITY COUNCIL Canyon View/Matthew Drive Project Public Hearing 8. EHOF City Council meeting July 22, 2021 Prepared by Oswit Land Trust (OL T) Photo from site looking North East along E Palm Canyon Drive . ' ! -·-I 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 Contents: Summary Cover Letter from Oswit Land Trust Map of parcel and requested habitat protection Sustra Inc. Hydrology Engineer Analysis (separate document) USFWS Recovery Outline for Casey's June Beetle (March, 2013) (separate document) Coachella Valley Round-tailed Squirrel Info Letter from OL T attorney (separate document) FAQ/Responses to Developer's opposition for retaining habitat Summary: Requesting that critical habitat for Endangered Casey's June Beetle, located within the setbacks of this project, is protected and retained (not graded or bulldozed) during and after construction so that it is preserved in perpetuity. Because of the Riverside County Flood Control's construction of Line 41, the need to excavate the earthen channel along E Palm Canyon Drive and destroy habitat is no longer necessary. In fact, 97% of off-site and on-site water is being handled by line 41. The habitat along Matthew Drive from E Palm Canyon to the bend is already slated for open space, but the proposed plan is to grade and remove existing vegetation and habitat. OL T is asking that the existing vegetation and habitat remain intact with solutions for beautification. 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 July 20, 2021 City Council City of Palm Springs Sent via email Re: Canyon View Project/ Matthew Drive Dear Mayor and City Council Members: We are writing regarding the final approval of the Canyon View project that is on the City Council agenda July 22, 2021. We ask that the City Council add a condition to this project requiring the applicant to protect and retain the natural habitat along E. Palm Canyon Drive and Matthew Drive (from Palm Canyon to the bend west on Matthew). This area is known habitat for the endangered Casey's June Beetle (CJB) as well as home to a large colony of Coachella Valley round-tailed Ground Squirrels (a CA FWS species of special concern), rabbits, and many species of birds and lizards. In this project's original approvals, the developers needed to bulldoze this habitat and build cement water retention basins. With the planned construction of Line 41 by Riverside County Flood Control, there is no longer a need for retention basins on the parcel periphery. This opens a path to limit construction impact to the CJB by preserving the habitat where they have been found, which are the earthen channels that run the perimeter of the property along Palm Canyon Drive and Matthew Drive. This habitat is within the required setbacks and designated open space/ earthen channel and would not change the density of this project. The developer will still be able to build the 80 proposed homes. We have unsuccessfully tried to work directly with the developer to preserve the habitat. In fact, we first proposed the entire perimeter be preserved in its natural state, and have since reduced it to the perimeter areas along E. Palm Canyon and part-way along Matthew Drive. We have also offered to enhance the habitat with the help of ecological subject-matter experts at University of California-Riverside (see below). The enhancements would both improve the aesthetics of the new residential community, and enhance the quality of the habitat for the existing wildlife. We are highly motivated to form a collaborative partnership with the developer and members of City Council to limit destruction of habitat on this particular parcel. Part of our motivation stems " I 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 from our confidence that the collaboration can serve as a valuable blueprint for generating an innovative set of standards, practices, and guidelines for new construction projects that the City can incorporate into the General Plan and municipal building codes. The result would be new developments with enhanced environmental sustainability qualities and enhanced aesthetic qualities. Such qualities would benefit all denizens of our great city, human and wildlife alike. We are hopeful the owners, developers and City Council are as motivated as we are to protect vulnerable habitat and the species that are dependent on it. Ifs quite feasible that a full Environmental Impact Report (El R) could be required if the developer is unwilling to look at alternatives to limit impact to the CJB, an endangered species, but we are hopeful that a workaround to an EIR could be achieved by our proposed collaboration. The city's ability to require a full EIR is found in CEQA Guidelines section 15162, (applies to both EIRs and Negative Declarations), as outlined below . (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. In addition to the previous surveys that were completed for CJB, we had a site visit completed by Colin Barrows, a Certified California Naturalist who is a well known site monitor for similar projects. He confirmed that the channel is still a concern: "The vegetation located along the flood control channels is significantly larger, more mature, and provides greater habitat value to wildlife than anywhere on the property. Especially along the northern boundary of the property, abutting Highway 111, a row of very large and healthy creosote bushes (https://www.inaturalist.org/observations/73155321) provide not only habitat, but a natural visual and sound barrier from the highway to the interior of the property . Additional mature plants were found along these channels are not disturbance-adapted, and would take many years for landscaped plants to achieve equal size and habitat value, such as this desert lavender: https://www.inaturalist.org/observations/73155327 . There is a very large native desert willow on the extreme southwest corner of the property. The shade, nesting habitat, and food for native wildlife (nectar, pollen, and seeds) provided by a tree of this size are essentially irreplaceable on a reasonable timescale, and it should be protected. The location of the tree is very near edge of the property, and it should not interfere with existing development plans: https://www.inaturalist.org/observations/7315528411 I l 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 Oswit Land Trust {OLT) Proposal Again, OL T sees this as an opportunity for a collaborative partnership to protect vulnerable species while fulfilling the need for housing in Palm Springs. OL T, with the help of UCR naturalists, biologists and master gardeners with whom we already have robust relationships, will create and steward the natural perimeter. The open art area on Matthew drive could offer educational opportunities about the endangered CJB and other wildlife the perimeter has protected. All work would be overseen by a qualified biologist, as is required in the mitigated negative declaration conditions. The future HOA would not need to be responsible for this ecosystem. In addition, according to city documents, OL T feels that final approval would be premature until final construction of line 41 and purchase and recording of the mitigation property for the CJB is complete, along with a letter by USFWS confirming that the mitigation requirements by the developer are fulfilled. In closing, OL T is convinced that this kind of collaborative and thoughtful approach to the development of parcels containing critical habitat could usher in new sustainable development methodologies that benefit all citizens of our great city, along with our wildlife. We recognize how fortunate we are to live in a city that has forward thinking approaches to our area's natural surroundings. Thank you for your time and we look forward to hearing from you. Jane Garrison, President Board Members Oswit Land Trust ' , 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 Map Renderings: Comparing Applicant's design to the OL T requested changes. OL T's requested changes would not change the design aesthetic, but only preserve intact habitat. Applicant's Rendering: Proposed Landscape Plan 28-74 I • I 1•.•• 1775 E Palm Canyon Dr#4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 OL T Requested Changes: 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 FAQs and Responses to Developer's Points • CJB has survived at this parcel during droughts and without any flow from off site water. They could still survive with the natural perimeter retained but would be crushed if allowed to bulldoze. • CJB historical habitat has been devastated. Possible extirpation in the future if stricter measures aren't put in place for their number one threat: development and habitat loss. See USFWS Recovery Outline (March, 2013). Native Plants • Native plants would survive without irrigation. The vegetation that is currently in this habitat has survived without supplemental water and would flourish with some light irrigation. Additionally native planting would also beautify the area. • We would be willing to work with the developer and landscape architects to enhance the native plants that are in the perimeter to make the habitat more appealing to both humans and non-humans. CA Roundtail Squirrels (CA covered species of special concern) • There is an established family/colony of ground squirrels in the earthen perimeter and throughout the parcel. These animals would be crushed to death during any excavation or bulldozing. • Burrowing animals run into their homes (burrows) when frightened. They will not just run off the property. If the perimeters along E Palm Canyon and Matthew till the bend are preserved, they have a chance to utilize their burrows in those areas and to survive. • Trapping and relocating burrowing animals is very difficult as they are very territorial. Hydrology Engineering • The developer has not looked at any alternatives for destroying this habitat. They are using the same calculations and plans from prior to line 41. -,. 1 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 • Line 41 will handle 97% of the off and on site water flow. For the remaining percentile and in the event of a hundred year flood, alternatives that would be minimally destructive have been provided (Sustra Inc Findings document). • The current channels have been handling E. Palm Canyon water flows without any flooding issues. Legal/CEQA Issues • OL T feels this section was overlooked by the city's CEQA consultant and the applicant's attorney. CEQA Guidelines section 15162, (applies to both EIRs and Negative Declarations), as outlined below. ((C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous El R would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Sidewalk to Nowhere • The proposed sidewalk on East Palm Canyon Drive in front of this neighborhood creates the "sidewalk to nowhere" and would be a dangerous situation. • The continuous sidewalks on East Palm Canyon are located on the north side of the street. Residents who bike or walk are very familiar with this and know to stay on the north side for safety. • Putting a sidewalk in front of Canyon View on East Palm Canyon would give unknown walkers or bikers the message that it would be safe to enter the sidewalk on the corner of Matthew Drive and East Palm Canyon when the sidewalk is not continuous. • This sidewalk would end and people would then be forced to try and cross E. Palm Canyon where there is no light or crosswalk or turn around and go back to Matthew Drive. • For public safety, the sidewalk should not be implemented as it is not a continuous run and could cause vehicular injury to pedestrians. Round-Tailed Ground Squirrel 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 Summary from: CANYON VIEW RESIDENTIAL HOUSING DEVELOPMENT HABITAT MITIGATION AND MONITORING PLAN Prepared by: Ecological Conservation and Management, Inc. Julie Simonsen, Principal Ecologist January 2018 28-96 Palm Springs Round-Tailed Ground Squirrel 1775 E Palm Canyon Dr #4020 Palm Springs CA 92263 www.oswitlandtrust.org 760-385-8255 The Palm Springs round-tailed ground squirrel (Spermophilus tereticaudus chlorus) is a CA Dept of Fish and Wildlife Species of Special Concern and was considered for candidate listing under the CA Endangered Species Act, and is a covered species under the Coachella Valley Multi Species Habitat Conservation Plan (MSHCP). Palm Springs round-tailed ground squirrel was historically found throughout the floor of the Coachella Valley; however, the squirrel's current range is limited to small. fragmented portions of its historical range. The species inhabits areas where hummocks of sand accumulate at the base of large desert shrubs, which can provide adequate structure and cover for burrow sites. The species can also occur in transition zones between dunes and creosote bush scrub, especially in areas with mesquite (Dodero 1995). Adult ground squirrels feed on grains and plant material, and may feed in cultivated fields and lawns when they occur in close proximity (Williams 1986). Possible threats to the species include habitat destruction, habitat fragmentation, groundwater depletion, off-road vehicle disturbance, and the presence of domestic pets that may act as introduced predators. Habitat loss and fragmentation in particular seem to have limited the ground squirrel's population growth, exposing ground squirrel populations to increased probability of local extirpation, and reduced probability of recolonization. This species is endemic to Coachella Valley and not found elsewhere. Their population is in extreme peril. ### end of document ### .. , '· Recovery Outline for Casey's June Beetle-March 2013 U.S. Fish & Wildlife Service Recovery Outline for Casey's June Beetle (Dinacoma caseyiJ Common Name: Scientific Name: Listing Status: Critical Habitat Designation: Lead Agency/Region: Lead Field Office: Approved: Casey's June beetle (Dinacoma casey1) habitat in Palm Canyon (Photo credit: Alison Anderson, USFWS). Casey's June beetle female (small upper photo) and male (small lower photo) (Photo credit: Felicia Sirchia, USFWS). Casey's June Beetle Dinacoma caseyi Endangered; September 22, 2011 (76 FR 58954) September 22, 2011 (76 FR 58954) U.S. Fish and Wildlife Service, Pacific Southwest Region Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road, Suite 101 Carlsbad, CA 92011 760--431-9440 March 2013 Recovery Outline for Casey's June Beetle-March 2013 Purpose of the Recovery Outline: This document lays out a preliminary course of action for the survival and recovery of Casey's June beetle (Dinacoma caseyi). It is meant to serve as interim guidance to direct recovery efforts and inform consultation and permitting activities until a comprehensive draft recovery plan has been completed. Recovery outlines are intended primarily for internal use by the U.S. Fish and Wildlife Service (Service), and formal public participation will be invited upon the release of the draft recovery plan. However, we will consider any new information or comments that members of the public may wish to offer in response to this outline during the recovery planning process. For more information on Federal survival and recovery efforts for Casey's June beetle, or to provide additional comments, interested parties may contact the lead field office, Carlsbad Fish and Wildlife Office, for this species at 6010 Hidden Valley Road, Suite 101 Carlsbad, CA 92011, phone 760-431-9440. Scope of Recovery and Available Information: The scope of this recovery outline is a single species, Casey's June beetle; however, many of the actions recommended in this outline that contribute to the conservation of Casey's June beetle are ecosystem-based. This recovery outline is based on the best available scientific information contained in the listing and critical habitat rule (USFWS 2011) and information in our files. Most of the major threats to the species are attributed to development and associated habitat modifications. While some research has been conducted on Casey's June beetle, little information is available beyond current status and existing threats. Additional research is needed to fully understand what is required for the recovery of this species, especially with regard to management actions that can be implemented to ensure that habitat suitability is maintained and enhanced throughout the species' range. Uncertainties associated with feasible management actions and biology will be resolved to the extent possible through the course of the recovery process and may result in modifications to the Service's recovery strategy over time. 2 Recovery Outline for Casey's June Beetle-March 2013 I. Recovery Status Assessment A. BIOLOGICAL ASSESSMENT It is our intent to discuss in this recovery outline only those topics directly relevant to Casey's June beetle needs for persistence and recovery under the Endangered Species Act (Act), as amended (16 U.S.C. 1531 et seq.). The genus Dinacoma and approximately 90 other genera constitute the New World members of the subfamily Melolonthinae (i.e., May beetles, June beetles, and chafers) of the scarab beetle family (Scarabaeidae) (Smith and Evans 2005). Casey's June beetle (Dinacoma caseyi) and D. marginata are the only two species currently known in the genus (Evans and Smith 2009, p. 44). For additional information on the taxonomy, biology, and ecology of Casey's June beetle, refer to previous documents published in the Federal Register (FR), including the 90-day finding (71 FR 44960, August 8, 2006), 12-month finding (72 FR 36635, July 5, 2007), proposed listing and critical habitat rule (74 FR 32857, July 9, 2009), and the final listing and critical habitat rule (76 FR 58954, September 22, 2011). These documents are available on the Internet at http://ecos.fws.gov/ecos/indexPublic.do. 1. Species Description and Life History Limited information is available regarding Casey's June beetle life history. Based on surveys conducted to assess the species' presence, both male and female Casey's June beetles emerge from underground burrows between late March and early June, with abundance peaks generally occurring in April and May (Duff 1990, p. 3; Barrows 1998, p. 1 ). Male emergence holes and females have been observed in relatively disturbed, sandy wash areas and semi-developed areas beneath nonnative vegetation (Hawks 2010, pers. comm.; Anderson 2012, p. 1). Females are flightless (Duff 1990, p. 4; Hovore and Associates 1995, p. 7; Hovore 2003, p. 3), emerging only briefly at dusk to mate and then re-entering the ground, presumably to deposit eggs. Males flying in the area are attracted to females by pheromones (Cornett 2004, p. 5), sometimes even prior to complete emergence of the female (Duff 1990, p. 3; Anderson 2012, p. 1 ). Adults can be locally abundant at high density sites during optimal environmental conditions, with over 100 individuals being attracted to a black light trap in a single evening (Powell 2003, p. 4; Anderson 2012, p. 1 ), while in low density areas or under poor environmental conditions they can be difficult to detect. The larval life-stage of Casey's June beetle has not been well-studied. We believe that the larval cycle for the species is likely 1 year, based on the absence of larvae (grubs) in burrows during the adult flight season (La Rue 2004, p. 1 ). We do not know what the subterranean larvae feed on; although data indicate they do not feed on the roots of any particular species of host plant (D. Hawks 2010, Hawks Biological Consulting, pers. comm.). There have been no formal or published scientific studies of Casey's June beetle life history, population size, population distribution, population dynamics, or individual movement. It is not likely this species would display metapopulation dynamics, as the flightless females cannot emigrate to isolated habitat areas where a new sub-population could be established. Because they fly, it can be assumed males are primarily responsible 3 Recovery Outline for Casey's June Beetle-March 2013 for genetic mixing within the one known extant population (and historically among populations). Soils that are modified, compacted, or too isolated for females to recolonize by crawling are not likely to support persistent occupancy. We do not know if females disperse at all; reported observations of females are limited to presence, and emergence to mate followed by re-entering the soil within minutes of mating (for example, Anderson 2012, p. 1 ). Casey's June beetle is prey for some species, especially birds. Nighthawks were observed to be feeding in close proximity to where males were emerging en-mass from Palm Canyon Wash (Anderson 2012, p. 2). A large flock of crows (approximately 50) was also observed probing the sand with their beaks in the wash at dusk during mid-April where females are common near the soil surface, (J. McBride 2012, USFWS, pers. comm.). 2. Historical and Current Distribution and Abundance The known historical distribution of Casey's June beetle included alluvial fan (a fan- shaped deposit of sediment built up by stream and debris flow) and river wash areas within Palm Springs, and similar habitats south to the City of Indian Wells (Figure 1 ). Most locality information on Casey's June beetle specimens in collections specifies "Palm Springs," or simply Riverside County (Duff 1990, p. 2; O'Brian 2007, p.1; Ratcliff 2007, p. 1; Wall 2007, p. l ). The majority of specimens ( 19 of 21) in the Los Angeles County Natural History Museum (LACNHM; 1940 to 1989) were labeled as being from Palm Springs. Other early collection records identify "Palm Desert" ("old record"; Duff 1990, p. 3), "Indian Wells" (two specimens in the LACNHM from 1953), and "Palm Canyon" (Duff 1990, p. 3), all in the western Coachella Valley east of the San Jacinto Mountains. Duff (1990, p. 2) described two primary areas where the beetle was extant in Palm Springs, west of the city near Tahquitz Creek (Figure 1 ). Hovore and Associates (1995, p. 4) described the possible extent of the species' historical range as "somewhere around Chino Canyon floodplain ( or at most northwest to the Snow Creek drainage), south to around Indian Wells." Within this general geographic area from north to south of Palm Springs (Riverside County, California), the species is assumed to have occurred on alluvial fan bases flowing from the San Jacinto Mountains, at or near the level contour line, where finer silts and sand are deposited. Casey's June beetle's current known range is limited to southern portions of Palm Springs, generally associated with Palm Canyon Wash (Figure 2). Based on male movement potential and occupied habitat distribution we have determined there is likely only one remaining population located within Palm Springs. 4 Recovery Outline for Casey's June Beetle-March 2013 D-----IIIICJ ====::::i•a. c=] CiyBauulllly c:::J C..-ra,t Distrbdian N [!J Mapped Obsetwatians + Qi] Hisbicsl Desaiplian Figure 1. Casey's June beetle (Dinacoma caseyi) historical distribution. Historical sites included alluvial fan and river wash areas within Palm Springs, and similar habitats south to Indian Wells. Recovery Outline for Casey's June Beetle-March 2013 U.t. Am .!. Wldl'II .!:en1oo mB:.t'I.T8 -~---.. ,maac.t .... _ ..... _ ..... -~ ...... .a ..... --------------- 1 -----=====:::JMIIS 0 115 ------c::::=====:J•---0 2 N + C::J CJB Critical Habitat CJB Clffl!l1l Ois'1buliDn Ci] CJB MappedObsenatian 1995-2011 Figure 2. Casey's June beetle (Dinacoma caseyi) current distribution and critical habitat. Recovery Outline for Casey's June Beetle-March 2013 3. Habitat Description Our knowledge of Casey's June beetle habitat characteristics is primarily based on correlation of known, mapped environmental features with species occupancy. Therefore, described habitat characteristics include soils type, slope aspect, elevation, vegetation type, and hydrologic information. Historically, Casey's June beetle was associated with native Sonoran (Coloradan) desert vegetation located on desert alluvial fans and bajadas (compound alluvial fans) at the base of the San Jacinto Mountains. These areas include sandy dry washes with ephemeral flow, and dry upland areas associated with soil deposition from extreme flood events. Casey's June beetle is most commonly associated with Carsitas series soil (CdC), described by the U.S. Department of Agriculture (USDA) (USDA on-line GIS database, 2000) as gravelly sand on O to 9 percent slopes. This soil series is associated with alluvial fans, rather than areas of aeolian or windblown sand deposits. Hovore (2003, p. 2) described soils where Casey's June beetle occurs or occurred historically as, " ... almost entirely Carsitas series, of a CdC type, typically gravelly sand, single grain, slightly effervescent, moderately alkaline (pH 8.4), loose, non-sticky, non-plastic, deposited on 0 to 9 percent slopes. On alluvial terraces and where they occur within washes, these soils show light braiding and some organic deposition, but [ most years] do not receive scouring surface flows." Casey's June beetle has primarily been found on CdC and Riverwash (RA) soils, and also some Carsitas cobbly sand (ChC) soils (Anderson and Love 2007, p. 1 ). Its burrowing habit would suggest the Casey's June beetle needs soils that are not too rocky or compacted and difficult to burrow in. Occupied habitats such as unprotected vacant lots and wash areas are often characterized by an intermediate level of disturbance, and may include a relatively high cover of nonnative plant species (Hawks 2011, pers. comm.). Hovore (2003, p.11) and Cornett (2004, p. 14) hypothesized that upland habitats provide core refugia from which the species recolonizes wash habitat after intense flood scouring events (approximately every 10 years), and are required for long-term survival of the species. The wash habitat east of State Route 111 that is isolated from upland refugia, and isolated habitat patches, such as the Mathews Place location (Figure 2), are important for recovery because they support a relatively large proportion of the remaining population, and would be an important source population for future reintroduction and augmentation activities. Smoke Tree Ranch (Figure 2), a gated residential community adjacent to Palm Canyon Wash, supports a large proportion of the known extant population. With respect to the occupancy and current habitat conditions at Smoke Tree Ranch, Cornett (2004, p. 14) hypothesized that Casey's June beetle had "survived primarily because of the unique qualities of the ranch environment with its large open spaces and relatively undisturbed vegetation ... The most viable habitat for the beetle is Smoke Tree Ranch where environmental perturbations are minimal." We believe it is possible that irrigation at Smoke Tree Ranch also mimics soil moisture levels found in the wash itself, and may 7 Recovery Outline for Casey's June Beetle-March 2013 even enhance habitat conditions. Considering the potential effects of irrigation at Smoke Tree Ranch, and the potential for high species density observed in Palm Canyon Wash, we believe that irrigation may be used as a tool in the remaining habitat with appropriate soil types (CdC or RA) in southern Palm Springs for conservation of the species. If supported by future research, this could hold the key to effective management for Casey's June beetle in remaining upland habitats where the species has been extirpated. All known occupied habitats are within the jurisdiction of Palm Springs and the Agua Caliente Band of Cahuilla Indians. Land ownership is primarily private and tribal, although most wash areas are owned by the Riverside Flood Control and Water Conservation District. The only protected occupied area for the species is an approximately 126.8 acres (ac) (51.3 (ha) hectares) section of Smoke Tree Ranch where there is a conservation easement and ongoing compliance monitoring. 4. Summary Biological Assessment Casey's June beetle has a very limited distribution, an extremely limited ability to disperse, and a limited number of unoccupied habitats suitable for reintroduction and management. Expanding, and perhaps even maintaining, the current species' range will require moving females into unoccupied habitat or augmenting declining areas. The primary challenge for recovery of this species will be protection and management of occupied and formerly occupied habitats that are not currently conserved. More information regarding the biology of immature stages will also greatly assist management of habitats for recovery. B. THREATS ASSESSMENT 1. Listing Factors/Primary Threats to the Species As identified in the final rule (76 FR 58954, September 22, 2011), the primary threats to Casey's June beetle are: destruction, modification, and fragmentation of habitat; increased intensity and frequency of catastrophic flood events; environmental effects resulting from changing climatic patterns; loss of individuals due to soil disturbing activities; and loss of individuals due to attraction to light sources. A summary of these threats is presented below (please see the final rule for a complete threats analysis (76 FR 58954, September 22, 2011)); each is classified according to the five factors identified in section 4 of the Act (16 USC 1531 et seq.). a. The present or threatened destruction, modification, or curtailment of its habitat or range (Factor A) Commercial and residential development are the greatest threats to habitat in the upland CdC soils that are believed to support Casey's June beetle. LaRue (2006, University of California at Riverside, pers. comm.) emphasized the magnitude of development threats to Dinacoma spp. population survival: "Most Dinacoma [ spp.] have experienced range reduction because of unprecedented habitat destruction and modification for recreational, residential, and urban development 8 Recovery Outline for Casey's June Beetle-March 2013 resulting in serious distributional fragmentation throughout [their] former already naturally limited ranges. Consequently, several populations [of the genus Dinacoma] have been extirpated; especially those that once existed in Los Angeles County (for example, Glendale, Eaton Canyon)." General location descriptions from early collection records were used to determine the historical range of Casey's June beetle (see discussion in the 90- day finding (71 FR 44962; August 8, 2006)). Soils data from this analysis were used to estimate that 97 percent of the historical range of Casey's June beetle has been converted to residential and commercial development. Although habitat fragmentation and loss due to development has slowed since 2005 (likely due to the economic downturn), the wash and associated occupied habitat areas are subject to flood control activities such as sand removal and levy and detention basin construction. Therefore, we anticipate additional upland habitat for the beetle may be impacted or lost in the near future due to requirements for flood control operations to maintain health and safety. These activities may impact conservation of Casey's June beetle into the future. b. Inadequacy of existing regulatory mechanisms (Factor D) The listing rule stated that, absent listing under the Act, existing regulatory protection was inadequate. Existing regulatory mechanisms that could provide some protection for Casey's June beetle include: (1) Federal laws and regulations; (2) State laws and regulations; and (3) local land use processes and ordinances (for example, tribal environmental policies). However, these regulatory mechanisms were not preventing continued habitat modification and fragmentation prior to listing. There are no regulatory mechanisms that address the management or conservation of habitat for Casey's June beetle. Occupied areas are better protected under section 9 of the Act now that the species has been listed, and areas designated as critical habitat (Figure 2) are better protected from impacts due to actions authorized, funded, or carried out by Federal agencies. However, other habitats important to recovery are still vulnerable to development and habitat modification. As discussed above in the Summary Biological Assessment section, the primary challenge for recovery of this species will be protection and management of occupied and formerly occupied habitats that are not currently conserved. c. Other natural or manmade factors affecting its continued existence (Factor E) Casey's June beetle continues to be impacted by threats to the individual including increased intensity and frequency of catastrophic flood events; environmental effects resulting from changing climatic patterns; loss of individuals due to foot, vehicle, and horse traffic and other soil disturbing activities; and loss of individuals due to attraction to pools and light sources. Lights attract male beetles away from habitat and females resulting in wasted energy, and they are frequently trapped and die in lights that have broken covers (K. Osborne 2012, pers. comm.). Any additional development within or adjacent 9 Recovery Outline for Casey's June Beetle-March 2013 to Casey's June beetle habitat will likely increase traffic into occupied areas and include external lighting and swimming pools. Impacts from these threats may result in additional losses and will continue to adversely affect the existing population. In addition to a restricted range and small population size, Casey's June beetle has limited dispersal capabilities (Hovore 2003, p. 3). These conditions likely increase the degree of threat due to chance events, such as extreme floods or drought (Lande et al. 2003, pp. 34 and 35). We concluded in the listing rule from available information that climate change is likely to reduce Casey's June beetle population densities by increasing severe scouring flood events and decreasing soil moisture levels. Increased winter runoff and severe scouring flood events in Palm Canyon Wash are anticipated because the increasing frequency and severity of extreme storm events (Cayan et al. 2005, pp. 7-8; IPCC 2007, pp. 8-9; Dettinger 2009, pp. 514 and 518) causes more concentrated rainfall (and consequently less moisture absorption by the soil). Decreased total rainfall, increased evapotranspiration due to increased temperatures (The Nature Conservancy, Climate Wizard: www .climatewizard.org), and increased winter runoff ( discussed above) may all decrease soil moisture levels. 2. Summary Threats Assessment The threats posed by habitat loss and modification are the greatest impediments to recovery. Development of formerly occupied habitats, impacts to occupied habitat from adjacent developed areas, human activities and natural events (such as flood or drought) with potential to cause adult mortality are threats of moderate magnitude but imminent throughout the majority of the species' limited range. Smoke Tree Ranch affords protection from existing threats to approximately 126.8 acres (ac) (51.3 (ha) hectares) where there is a conservation easement and ongoing compliance monitoring. Additional protection of occupied and undeveloped formerly occupied habitats is necessary for recovery. C. CONSERVATION ASSESSMENT 1. Conservation Efforts Service-permitted research activities Since listing, six individuals have been issued 1 0(a) 1 (A) recovery permits for presence- absence surveys. Three permittees undertook surveys in 2012; Jim Cornett did exploratory surveys outside the known range (see description below under Agua Caliente Band of Cahuilla Indians), Michael Wilcox conducted a project-based survey, and Ken Osborne demonstrated to Service staff the efficacy of different light trapping techniques and documented natural history information (Anderson 2012, p 1 ). 10 Recovery Outline for Casey's June Beetle-March 2013 Smoke Tree Ranch, Inc. Prior to listing, the only protection afforded Casey's June beetle was an established conservation easement and monitoring program at Smoke Tree Ranch. This conservation easement with compliance monitoring will remain in place and continue to protect this occupied habitat area in the future. The Palm Springs Fish and Wildlife Office approved the Ranch's Habitat Conservation Plan and issued an incidental take permit to Smoke Tree Ranch, Inc., on August 23, 2012, which further strengthens protection of the species at this location by protecting in perpetuity an additional 13.26 ac (5.37 ha) of occupied, suitable habitat for Casey's June beetle. Agua Caliente Band of Cahuilla Indians In 2012 the Service provided funding to the Agua Caliente Band of Cahuilla Indians to fund exploratory surveys outside of the recommended survey area map for IO(a)l(A) permittees. The purpose of these surveys was to expand surveys beyond the current known species range, to determine if any relict populations persist within the historical range (south to Palm Desert) or even farther south. Results from this effort are not yet available. 2. Summary Conservation Assessment Casey's June beetle is dependent on habitat that has been, and continues to be, under development pressures. Its habitat requires protection and active management to improve and restore suitable habitat in order to prevent further decline and to enable recovery of the species. The only occupied habitat area that is afforded permanent protection from existing threats is within Smoke Tree Ranch (approximately 126.8 ac (51.3 ha)) where there is a conservation easement and ongoing compliance monitoring. The Smoke Tree Ranch Habitat Conservation Plan comprises approximately 22 percent of designated critical habitat. Additionally, research, monitoring, and habitat restoration should be initiated in patches of remaining habitat throughout the species' historical range. Key challenges will be to develop a recovery strategy that can be implemented in a system where there is continuing development pressure and requirements for flood control operations to maintain human health and safety. D. SUMMARY OF RECOVERY STATUS AND NEEDS Historical Casey's June beetle habitat has been drastically degraded and fragmented, resulting in the species' reduced geographic range and vulnerability to stochastic events. Known life history traits and habitat requirements of the species are conducive to re- colonization, but assisted movement of flightless females and continued management is necessary for recovery of the species. Casey's June beetle is dependent on habitat that has been, and continues to be, under developmental pressures. Its habitat requires active management to improve and restore suitable habitat in order to prevent further decline of the species. Additionally, research and monitoring should be initiated throughout the 11 Recovery Outline for Casey's June Beetle-March 2013 species' range. Some of the information that is needed to better plan for recovery needs includes better understanding of female and male movement potential, larval diet, impacts of disturbance to sub-surface individuals, and viable population size. Key challenges will be developing a recovery strategy that can be implemented in a system where there is limited available habitat, continuing development pressure, and requirements for flood control operation to maintain human health and safety. 12 Recovery Outline for Casey's June Beetle-March 2013 II. Preliminary Recovery Strategy A. RECOVERY PRIORITY NUMBER Casey's June beetle is assigned a recovery priority number of 11 C on a scale of 1 C (highest) to 18 (lowest), based on the moderate degree of threat, a low potential for recovery as stated above, its status as a full species, and conflict with development pressures (USFWS 1983a, b ). Much of Casey's June beetle habitat has been lost and there is currently only one extant population remaining. However, the degree of threat is considered moderate because the species would not face immediate extinction if recovery was temporarily held off. Habitat loss, fragmentation, and modification are considered manageable threats, but difficult to alleviate at this time because of existing development and development pressure. Continued management is needed to maintain currently occupied habitat. Recovery potential is considered low because the biological and ecological limiting factors are not well understood. Restoration of formerly occupied habitat patches and reintroduction of beetles may also be labor-intensive. The "C" indicates conflict with construction or other development projects that impacts habitat where Casey's June beetle occurs. B. RECOVERYVISON STATEMENT We envision recovery for Casey's June beetle as stable populations, maintained within managed and conserved suitable habitat, with few barriers to dispersal to ensure gene flow and maximum dispersal of individuals. Where habitat connectivity is not possible, management will include movement of females to recolonize any habitat patches where the species is extirpated or to areas where they may become extirpated. Additional populations ( discovered or reintroduced) within the species' historical range will be monitored and maintained to provide sufficient representation, resiliency, and redundancy across the species' range so that Casey's June beetle no longer requires the protections of the Act. Threats impacting the species will be sufficiently understood and abated to ensure long-term conservation of Casey's June beetle. A rangewide monitoring and adaptive management approach will be in place to address unforeseen events and threats. C. INITIAL ACTION PLAN We recognize that the conservation of Casey's June beetle will not be achieved without extensive cooperation and coordination among many entities (primarily Smoke Tree Ranch, Inc., Riverside County Flood Control and Water Conservation District, Agua Caliente Band of Cahuilla Indians, City of Palm Springs, U.S. Army Corps of Engineers, and the Service). This action plan does not assign responsibility of any partner to undertake the recommended actions. However, we believe that working with Federal and local agencies and our other partners, while coordinating across the Service is essential to effectively conserve Casey's June beetle. 13 Recovery Outline for Casey's June Beetle-March 2013 Below, we outline the overall primary objectives of the recovery effort for Casey's June beetle and include both immediate and longer-term actions. These actions may be used to guide recovery planning, prioritize actions, minimize impacts from projects that may affect the species or its critical habitat, and plan for future recovery actions. 1. Primary Objectives The recovery effort should build upon conservation and monitoring efforts indicated in detail above, and continue to build strong relationships with partners. The primary objectives for recovery will be to: a. Survey and monitor rangewide to accurately document the population distribution, occupied habitat, and local threats; b. Protect the existing population in Palm Springs through acquisition and protection of existing occupied habitat; c. Implement projects specifically designed to ameliorate threats and inform management actions for recovery of Casey's June beetle; d. Expand the current distribution through habitat restoration and species reintroduction. 2. Immediate Actions The goal of the initial phase of recovery is to arrest and reverse the general population decline and protect the available suitable habitat and range occupied by Casey's June beetle. These are recommended actions to occur in the interim between completion of the recovery outline and the recovery plan. These immediate actions will inform future research, restoration, threats abatement, and other conservation actions: • Continue to coordinate with local partners and stakeholders to: (1) gather existing historical hydro logic data (frequency and severity of flash floods); (2) identify existing areas with suitable habitat for Casey's June beetle; and (3) identify future information needs related to Casey's June beetle biology. • Ensure persistence of individuals in occupied upland habitat designated as critical habitat within 0.25 mile (0.4 kilometer) of and contiguous with Palm Canyon Wash, and the designated critical habitat area ("Matthew Place") adjacent to State Route 111 through conservation easements, management, and cooperative planning with landowners, partners, and stakeholders. • Design a rangewide monitoring scheme and begin its implementation throughout the current population distribution. • Coordinate with local partners and land managers to educate the public on the impacts of recreational activities to active adult beetles during the mating season. • Initiate activities to abate threats related to unauthorized off-highway vehicle use in Palm Canyon Wash. 14 Recovery Outline for Casey's June Beetle-March 2013 3. Long-term Comprehensive Actions Although this list of actions will likely change during the recovery planning process as we learn more about the species, we recommend the following actions as a more comprehensive list using all available methods to lead to the conservation of Casey's June beetle. Specific actions that should be undertaken to meet the primary objectives are outlined below. a. Survey and monitor rangewide to accurately document populations, occupied habitat, and local threats • • • • Develop a rangewide population monitoring or survey protocol that will lead to a better understanding of life history strategies such as patterns of dispersal, growth, reproduction, and recruitment. Conduct rangewide population monitoring of currently occupied watersheds . Conduct rangewide monitoring and assessment of potentially occupied habitat within the historical range. Monitor habitat to identify locations within or adjacent to currently occupied areas where habitat suitability can be improved (for example, by decreasing soil compaction and increasing summer soil moisture levels). b. Protect all suitable habitats in Palm Springs within the current estimated population distribution. Ensure persistence of existing population through conservation easements, management in perpetuity, and cooperative planning with landowners, partners, and stakeholders. c. Conduct research designed to inform management actions that would ameliorate or reduce current threats. • • • • • Develop a better understanding of the species' habitat requirements and environmental tolerances by documenting habitat conditions in currently occupied habitat, such as soil moisture, soil texture/compaction, water table depth, ground cover types, percent root volume per unit volume of soil, spring wind velocities correlated with adult mating activity, and the geographic distribution and frequency of such winds during the beetle's flight season. Monitor the amount and velocity (intensity) of water flow during peak flood events, and the frequency of these events to determine if flood events result in mortality of subterranean Casey's June beetles in Palm Canyon Wash. Characterize habitat conditions that may provide suitable food resources (i.e . investigating diet through examination of larval gut contents). Investigate the impacts of suburban development on Casey's June beetle occupancy and persistence at Smoke Tree Ranch. Investigative approaches include determination of on-site environmental correlates, follow-up experimentation, and comparison with other occupied sites. Determine if predation by ravens or crows is a threat to Casey's June beetle . Investigate whether Casey's June beetles are being consumed and if so, quantify the number of individuals consumed through documentation of 15 Recovery Outline for Casey's June Beetle-March 2013 foraging by flocks in occupied habitat during the flight season, and examination of bird gut contents. d. Expand the current distribution by restoring and maintaining historically occupied habitat patches in Palm Springs (for example, restore former habitat in the Tahquitz creek area). • Determine if reintroduction and population augmentation are necessary and if so, develop a comprehensive plan to facilitate this process. • Develop a comprehensive plan for acquiring suitable sites and establishing additional populations. • Assess and prioritize areas that can be restored and made suitable for reintroduction of Casey's June beetle. • Develop habitat restoration and creation techniques. • Investigate techniques to translocate Casey's June beetles. 16 Recovery Outline for Casey's June Beetle-March 2013 Ill. Preplanning Decisions A. RECOVERY PLAN DEVELOPMENT The Carlsbad Fish and Wildlife Office will take the lead in the preparation of the draft recovery plan for Casey's June beetle pursuant to section 4(t) of the Act anticipated to begin in fiscal year 2014. It is not anticipated that a recovery team will be convened. However, we will seek input from all persons interested, or potentially affected by, recovery efforts for Casey's June beetle. Public comments received on this recovery outline will be taken into consideration during the preparation of the draft recovery plan. Public comment will be solicited on the draft recovery plan. The recovery plan will include objective, measurable criteria which, when met, would result in a determination that the species be removed from the Federal List of Endangered and Threatened Animals. Recovery criteria should address the five listing factors, including elimination or management of threats. Preparation of the recovery plan will be under the leadership of the Carlsbad Fish and Wildlife Office. B. INFORMATION MANAGEMENT All information relevant to recovery of Casey's June beetle will be housed in administrative files found at the Carlsbad Fish and Wildlife Office in Carlsbad, California. The lead Fish and Wildlife Biologist will be responsible for maintaining the official record for the recovery planning and implementation process. Copies of new study findings, survey results, records of meetings, comments received, and other relevant information should be forwarded to this office (see Lead Field Office contact Information above). Information needed for annual accomplishment reports, the Recovery Report to Congress, expenditure reports, and implementation tracking should be forwarded to the Carlsbad Fish and Wildlife Office (see Lead Field Office contact information). Copies of the completed reports can then be disseminated to all contributors upon request. C. PROPOSED RECOVERY PLAN SCHEDULE Regional Office Review Draft Public Review Draft Public Comment Period Final Recovery Plan D. STAKEHOLDERINVOLVEMENT Anticipated Fiscal Year 2015 Anticipated Fiscal Year 2015 60 Days Anticipated Fiscal Year 2016 We maintain active communications and coordination with all stakeholders and partners, especially with regard to research, land access, and project development. 17 Recovery Outline for Casey's June Beetle-March 2013 Key stakeholders and partners: • Smoke Tree Ranch, Inc. • Riverside County Flood Control and Water Conservation District • Agua Caliente Band of Cahuilla Indians • University of California, Riverside • U.S. Army Corps of Engineers • Bureau of Land Management • City of Palm Springs • Coachella Valley Association of Governments • Coachella Valley Conservation Commission Landowners and land or resource managers who may contribute to or be affected by the listing and recovery of Casey's June beetle will be invited to participate in the recovery planning process. A mailing list will be maintained and the Carlsbad Fish and Wildlife Office, with the assistance of the Palm Springs Fish and Wildlife Office and will attempt to foster open and ongoing communications with all interested parties. Early in the recovery planning process, we will hold a meeting with interested stakeholders to exchange status information, allow stakeholders to both identify possible recovery issues and possible additional cooperators that could facilitate recovery efforts for this species. The information gathered from this discussion will be used by the Service to provide the initial platform to proceed with recovery planning. It will help identify private landowners who could participate in recovery efforts, and interested stakeholders will be asked to participate on an ongoing basis in the recovery planning and implementation effort. We will take advantage of all opportunities to interact with stakeholders in a productive and meaningful way. Stakeholders will be afforded an opportunity to review and comment on a draft of the recovery plan in conformance with the Act. Stakeholders may also be asked to contribute directly by suggesting to the Service potential recovery implementation strategies for planned actions. Strong working relationships with experts and stakeholders will be maintained and developed over time with new stakeholders. yY\CV\.~ 1 j 'L_O \ '3 Date I Citation U.S. Fish and Wildlife Service. 2013. Recovery Outline for Casey's June beetle (Dinacoma caseyi). Sacramento, California. 21 pp. 18 Recovery Outline for Casey's June Beetle-March 2013 References Anderson, A. 2012. Casey's June beetle trapping notes, April 24, 2012. Carlsbad Fish and Wildlife Office. Anderson, A. and S. Love. 2007. Casey's June Beetle Habitat Loss Since 1991. Barrows, C. 1998. Results of Searches for Casey's June Beetle, Spring 1998. Unspecified submission recipient. Cayan, D., M. Dettinger, I. Stewart, and N. Knowles. 2005. Recent changes towards earlier springs: early signs of climate warming in western North America? U.S. Geological Survey, Scripps Institution of Oceanography, La Jolla, California. Cornett, J.W. 2004. Analysis of the Distribution and Abundance of the Casey's June Beetle (Dinacoma caseyi) in Palm Springs, California, prepared for Smoke Tree Ranch, Inc., Palm Springs, California. Dettinger. 2009. Cimate change, atmospheric rivers, and flood in california-a multimodel analysis of storm frequency and magnitude changes. Journal of the American Water Resources Association, 47:514-523. Duff, R. 1990. Dinacoma caseyi: Current Status of Endangered Species. Unspecified submission recipient. Evans, A. V. and A. B. T. Smith. 2009. An Electronic Checklist of the New World Chafers (Coleoptera: Scarabaeidae: Melolonthinae). Version 3. Electronically published, Ottawa, Canada. 353 pp. http://www.museum.unl.edu/research/entomology/SSSA/nwmelos.htm. Glick P., B.A. Stein, and N.A. Edelson, editors. 2011. Scanning the Conservation Horizon: A Guide to Climate Change Vulnerability Assessment. National Wildlife Federation, Washington, D.C. Hovore, F. 1995. Report of field surveys: Coachella Valley Multi-species HCP, Invertebrates -Palm Springs June beetle (Dinacoma caseyi). Unspecified submission recipient. Hovore, F. 2003. Report of focused surveys for Casey's June beetle: Smoketree Ranch and vicinity, prepared for Krieger & Stewart, Inc., Riverside, California. [IPCC] Intergovernmental Panel on Climate Change: Working Group I. 2007. Climate Change 2007: The Physical Science Basis: Summary for Policymakers. IPCC Secretariat, Geneva, Switzerland. 19 Recovery Outline for Casey's June Beetle-March 2013 Lande, R., S. Engen, and B. Sther. 2003. Stochastic Population Dynamics in Ecology and Conservation. Oxford Univerity press, Oxford, New York. Powell, D. 2003. Report of information about Casey's June beetle surveys, submitted to Joan Taylor. Smith, A.T.B and A.V. Evans. 2005. A supplement to the checklist ofNew World chafers (Coleoptera: Scarabaiedae: Melolonthinae) with notes on their tribal classification. Zootaxa 1032: 29-60. [USDA] U.S. Department of Agriculture, Natural Resources Conservation Service. 2000. Soil Survey Geographic (SSURGO) database for Riverside County, California, Coachella Valley Area. http://www.ftw.nrcs.usda.gov/ssur_data.html [USFWS] U.S. Fish and Wildlife Service. 1983a. Endangered and threatened species listing and recovery priority guidance. Federal Register 48:43098-43105. [USFWS] U.S. Fish and Wildlife Service. 1983b. Endangered and threatened species listing and recovery priority guidelines correction. Federal Register 48:51985. [USFWS] U.S. Fish and Wildlife Service. 2011. Determination of Endangered Status for Casey's June Beetle and Designation of Critical Habitat. Federal Register 76:58954-58998. 20 Recovery Outline for Casey's June Beetle-March 2013 Communications Hawks, D. 2010. Email from David Hawks, University of California Riverside. Electronic mail communication to Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (June 15, 2010). Hawks, D. 2011. Conversation with David Hawks, University of California, Riverside (retired). Meeting notes taken by Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (April 21,2011). LaRue, D. 2004. Email from Delbert LaRue, University of California, Riverside (retired). Electronic mail communication to David Wright, PhD, Sacramento, CA. (January 18, 2004). LaRue, D. 2006. Email from Delbert LaRue, University of California, Riverside (retired). Electronic mail communication to Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (June 13, 2006). McBride, J. 2012. Email from Jenness McBride, Palm Springs Fish and Wildlife Office, Palm Springs, CA. Electronic mail communication to Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (October 4, 2012). O'Brian, M. 2007. Email from Mark O'Brian, Collection Manager, University of Michigan, Ann Arbor, Ml. Electronic mail communication to Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (January 8, 2007). Osborne, K. 2012. Conversation with Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (April 24, 2012). Ratcliff, B. 2007. Email from Brett Ratcliff, Curator & Professor, University of Nebraska, Lincoln, NE. Electronic mail communication to Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (February 20, 2007). Wall, M. 2007. Email from Mike Wall, Curator of Entomology, San Diego Natural History Museum, San Diego, CA. Electronic mail communication to Alison Anderson, Entomologist, Carlsbad Fish and Wildlife Office, Carlsbad, CA (January 10, 2007). 21 usbJra, inc. July 20, 2021 Bettina Rosmarino Jane Garrison Oswit Land Trust 1610 Dunham Rd Palm Springs, CA 92264-9629 RE: Sustura, inc. DRAFT Findings Canyon View Development, Matthew Drive. Via: email Dear Mss. Rosmarino & Garrison, Sustura, inc. reviewed documents provided by the Oswit Land Trust (OLT) regarding hydrology studies, environmental impacts, and proposed development designs for the Canyon View Development Vesting Tentative Tract Number 36969 Matthew Drive and South Linden Way, and East Palm Canyon Drive in Palm Springs, CA. Attached are written comments that I can read into the record at the City Council hearing scheduled for July 22. Should you have any questions, please do not hesitate to contact Mr. Haimann at (714) 465-3157 or richard@haimann.com . Warmest regards, Sustura, inc. Richard A. Haimann, P.E. CEO Sustura, Inc. 16741 Westfield Lane Huntington Beach, CA 92649 0 +1 (714)465-3157 M +1 (562)217-2022 Oswit Land Trust 7/20/2021 Page Intentionally Blank Oswit Land Trust 7/20/2021 Hello. My name is Richard Haimann. I have been practicing civil/environmental and water resources engineering for over 30 years, the past 20 of which have been focused on stormwater management. I am a registered civil engineer in California, Washington, and Texas. I have a B.S. in Civil Engineering and an M.S. in Civil/Environmental Engineering. I have been able to review the CanyonView development 2016 drainage study and 2019 drainage study. I have seen some of the plans for the CanyonView development. I read the staff report prepared for this hearing on the matter. My client, the Oswit Land Trust, has requested that I evaluate if there are alternatives to the proposed plan to construct a drainage channels along the sides of the property. They have noted that the Federally Protected (Endangered) Species, the Casey's June Beetle, was documented to be onsite during surveys conducted in 2014 and 2015 with approximately 1.8 acres of habitat mapped. The site contains features identified as waters of the U.S. and waters of the State. While mitigation of Casey's June Beetle habitat is proposed at a location north of the site, my client would like to see the project move forward in a manner that preserves the existing Casey's June Beetle habitat to the extent possible. Disruption of the soils in which the Beetle resides can result in a taking of their larvae, which live beneath the soil until they reach maturity, estimated to be up to a year. The available biological data for the June Beetle does not have studies of its full life cycle, so it is not known if adults mate and lay eggs more than once in their lifetimes. Females do not fly, so disruption of the soils is also likely to eliminate the females from the population at this location, thus eliminating the June Beetle from this location in its entirety with little likelihood that larvae or females would be able to migrate to a new location with suitable habitat. At least one generation of June Beetle will be destroyed and possibly all future generations resident at this location, should the males not live past one mating cycle or be unable to migrate to another population and mate there. So, to reduce the taking of Casey's June Beetle, modifying the development drainage plan to preserve the existing habitat would be preferred, if it can be engineered as such. It has been noted in the staff report that the Riverside County Line 41 project will remove the offsite water that the drainage channels were originally designed to accommodate. Upon reviewing the staff report, observing a screenshot of a slide presented at a June 9, 2021 Planning Commission Meeting on the matter, which showed cross-sections of one of the channels -original project and current project, and reviewing the 2016 and 2019 drainage studies, I have noted that the size of the channel in the current project was originally designed to accommodate both offsite and onsite flows. A rough analysis suggests that offsite flows represent approximately 97% of combined offsite and onsite flows. In the slide presented at the prior presentation showing the cross sections of one of the channels, the size has not changed. The lining has changed from concrete to earthen. Construction of the revised channel will still require roughly the same amount of excavation as the concrete lined channel and, therefore, will disrupt the same amount of habitat. I was not able to review a drainage study that did not include the offsite flows that will soon be captured by the Line 41 project. Both the 2016 and 2019 studies present onsite and offsite flows in the analysis. Therefore, I am unable to determine why the channel sizes have not been reduced. Given that 97% of the flows originally planned to be drained will no longer require drainage infrastructure, there are a number of drainage alternatives that can be considered that can be constructed in a manner that could 1/2 Oswit Land Trust 7/20/2021 potentially protect the existing wash areas and June Beetle habitat. I have not seen any studies in which such alternatives have been evaluated for their feasibility in the project. These can include: • Preserving some of the wash areas. Connecting them to the outlet at the intersection of Matthew Drive and E Palm Canyon Drive . Draining onsite water through a curb gutter, swale, and storm drain network to the north and east, which follows the natural contours of the region, to the outlet. Install an offline retention BMP to route the 85th percentile storm to the preserved wash areas. Install outlet erosion control only where water enters the washes. • Preserving some of the wash areas. Connecting them to the outlet at the intersection of Matthew Drive and E Palm Canyon Drive. Constructing a series of small scale local subsurface collection and retention systems that fit within the street-scape and route overflows through a curb gutter, swale, and storm drain network to the northeast outlet. Route a portion of flows to the washes. Size the combination of small subsurface retention systems and routing of water to the washes for the 85th percentile storm . Confine erosion control to the outlets entering the washes. • Preserving some of the wash areas. Connecting them to the outlet at the intersection of Matthew Drive and E Palm Canyon Drive. Install a series of subsurface vertical tanks, such as "Water Silos" (https://www.watersilo.us/l to collect onsite water. Route overflows north and east through a curb and gutter, swale, and storm drain network to the outlet. Use the water collected in the subsurface vertical tanks for irrigation of landscaped areas. When volume capacity is needed in the vertical subsurface vertical tanks, pump the water to the washes. This can be part of the HOA maintenance plan. As an option, homeowner landscape irrigation can be connected to the public irrigation system and managed by the HOA. • Preserving some of the wash areas. Connecting them to the outlet at the intersection of Matthew Drive and E Palm Canyon Drive. Install a series of dry wells that collect surface drainage and infiltrate it to the subsurface. Route overflows north and east through a curb and gutter, swale, and storm drain network to the northeast outlet. Route a portion of flows to the washes. Confine erosion control to the outlets entering the washes. The systems described above can all be accommodated with less mass grading and allow preservation much of the existing washes and June Beetle habitat, and not result in taking as many June Beetle larvae and females. I have not seen any documents where these or similar alternatives were evaluated or studied as drainage alternatives that could be more effective mitigation than purchasing and preserving habitat elsewhere. The subsurface vertical tanks and dry wells can be installed with drilling technology. The local retention systems can be designed as bottomless vertical tanks and also installed with drilling technology. Note that this is not a full "back to the drawing board" list of drainage options. Considering these alternatives should not require a new environmental review, other than the reviews required by City ordinances. These options are expected to result in lower environmental impacts -both temporary and permanent. Thank you for your time. I am happy to answer any questions you may have. 2/2 STRUMW ASSER & WOOCHER LLP MICHAEL J . STRUMWASSER BRYCE A .GEE BEVERLY GROSSMAN PALMER DALE K. LARSON CAROLINE C . CHIAPPETTI JULIA G . MICHEL t SALVADORE . PEREZ t Also admitted to practice in Washington ATTORNEYS AT LAW I 0940 WILSHIRE BOULEVARD, SUITE 2000 LOS ANGELES, CALIFORNIA 90024 June 28, 2021 Jeffrey Ballinger City Attorney City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Via email to Jeff ballinger@bbklaw.com Re: Council-initiated Appeal of Planning Commission Decision of June 9, 2021 EHOF Canyon View, LLC, Approval of Final Development Plan for Planned Development District 381 (Case 5.1384-PD 381/3.3902 MAJ/VTTM 36969) Dear Mr. Ballinger: TELEPHONE: (3)0)576-1233 FACSIMILE: (310)319-0156 WWW.STRUMWOOCH.COM FREDRIC D. WOOCHER ANDREA SHERIDAN ORDIN SENIOR COUNSEL We write on behalf of Oswit Land Trust regarding the Council-initiated appeal of the June 9, 2021 decision of the Planning Commission to approve Final Development Plans for Planned Development District 381. The purpose of this letter is to provide additional information and analysis regarding the application of the California Environmental Quality Act (CEQA) to the decision to approve the Final Development Plans. Oswit Land Trust (OL T) has a strong interest in resolving the concerns presented by the June 9, 2021 decision to approve the Final Development Plans because these plans implicate habitat corridors and designated critical habitat of the federally endangered Casey's June beetle. Oswit Land Trust saves and preserves land, wildlife habitat and ecosystems located in Southern California from impending destruction. The affected portions of the property serve as part of the very limited existing habitat for the Casey's June beetle and also provide habitat for other wildlife and native vegetation. OL T does not object to the construction of the 80 single family homes that are part of this project. OL T's concerns with this project are limited to the corridors along Matthew Drive and East Palm Canyon Drive that presently contain habitat and native vegetation for a variety of species, including the endangered Casey's June beetle. Specifically, the Planning Commission's continued reliance on the 2017 Mitigated Negative Declaration originally approved for this project is improper and inconsistent with the Jeffrey Ballinger June 28, 2021 Page 2 requirements of CEQA. Changed conditions subsequent to the original approval have affected the ability to keep these native habitat corridors intact. Under the requirements of Public Resources Code section 21166 and CEQA Guidelines section 15162, additional environmental review is required prior to the issuance of this discretionary approval. Public Resources Code section 21166 explains that additional environmental review may be required for a subsequent discretionary approval if substantial changes are proposed in the project which will require major revisions of the environmental impact report, substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report, or new information not known at the time of approval becomes available. CEQA Guidelines section 15162 elaborates on the requirements of Public Resources Code section 21166, clarifying that the same requirements apply to projects approved (like this project) by negative declaration. The Guideline section also provides context as to what kind of "new information" triggers the need for additional environmental review. Additional review is required if "new information of substantial importance" shows either that mitigation measures previously found to be infeasible would, in fact, be feasible and would substantially reduce one or more significant effects of the project, or if mitigation measures that are considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment. New information and new circumstances underlie the approval of the Final Development Plan for this Planned Development District. Notably, as made clear in the June 9 presentation to the Planning Commission, the imminent construction of the Line 41 drainage project by the Riverside County Flood Control District has worked a significant change regarding the on-site drainage needs of this project. At the time the project was initially approved in 2017, a concrete drainage structure was required along the frontage on Matthew Drive, and a significant retention basin was required along the East Palm Canyon Drive frontage. As both staff and the applicant repeatedly acknowledged on June 9, now that Line 41 is fully funded and out to bid for construction, those features are no longer required to address site drainage. Line 41 will divert the existing drainage channels on the property by pulling water away from those courses into an underground drainage system constructed at public expense. According to the applicant's representative at the June 9 Planning Commission hearing, in 2019 the City specifically instructed the applicant to stop work on Final Development Plans so that the project could proceed without all of the drainage infrastructure, thanks to the construction of Line 41. It is clear that the project's plans have been modified thanks to these changed circumstances. The developer now proposes to grade and landscape these areas rather than construct the drainage infrastructure that is no longer needed. There is also no dispute that these portions of the property contain native vegetation that has been designated by the United States Fish and Wildlife Service (USFWS) as critical habitat , , l Jeffrey Ballinger June 28, 2021 Page 3 for the Casey's June beetle. In 2017, the USFWS issued a biological opinion that concluded that the project "will result in direct permanent impacts to approximately 5.78 hectares (14.28 acres) of Casey's June beetle designated critical habitat. ... Approximately 0.11 hectare (0.28 acre) of this area was considered occupied by the Casey's June beetle." The Casey's June beetle is found only in Palm Springs, "adapted to specialized habitat and soil types found in the Palm Canyon Wash area." The USFWS service reports that "the main threats" to the Casey's June beetle are "habitat destruction, degradation, and fragmentation due to urban and recreational development and flood damage reduction activities." Indeed, "[m]ost of the remaining lands depended upon by Casey's June beetle are at risk of development or development related disturbance." The Biological Opinion notes that as part of USFWS plan for recovery of the Casey's June beetle, the agency recommends "protect[ion of] all suitable habitats in Palm Springs within the current estimated population distribution." The agency has an objective of"ensur[ing] persistence of individuals in occupied upland habitat designated as critical habitat within 0.25 mile of and contiguous with Palm Canyon Wash, and the designated critical habitat area ("Matthew Place") adjacent to State Route 111 through conservation easements, management, and cooperative planning with landowners, partners, and stakeholders." These efforts have been unsuccessful, USFWS reports. The USFWS unambiguously concluded that the Casey's June beetle would be crushed and killed by clearing, grading, and other constructions activities performed at the project. "This Project proposes activities that will damage habitat, remove existing vegetation, and crush and kill Casey's June beetles. However, this Project does not propose any onsite revegetation measures. Thus, we expect that the Casey's June beetle will be extirpated from the Project site as a result of activities carried out during the course of the proposed Project." All of this analysis was undertaken under the assumption at that time that significant drainage work would be required along the boundaries of the project, particularly along Matthew and East Palm Canyon. As set forth above, this work is no longer necessary due to the fully funded Line 41 project. While the USFWS and the MND have approved "mitigation" for the destruction of Casey's June beetle habitat and the take of the species, that mitigation consists in major part of the creation of conservation easements on portions of three parcels containing habitat for the Casey's June beetle. These properties are shown on the below image: Jeffrey Ballinger June 28, 2021 Page 4 The conservation properties are located in the wash, not in areas that are reasonably going to be developed. Thus, the mitigation does not actually increase the habitat that is protected for Casey's June beetle, because it removes existing habitat and the habitat that is conserved would not be developed even absent this mitigation measure. Accordingly, there remains a net loss of habitat that is not offset by virtue of this conservation easement, which is essentially an empty gesture that is entirely symbolic. The Endangered Species Act requires that "to the maximum extent practicable," taking of a species must be "minimize[d] and mitigate[d]." It is clear that while the Line 41 project was known in a conceptual manner at the time the Planned Development District was approved, that the details and imminent nature of its construction became known only after the original plans for the development were approved. That is the precise reason why the site drainage is significantly revised in the Final Development Plan, at a considerable savings to the applicant. It is clear that one of the effects of the construction of the project is the impact on the protected species Casey's June beetle, and its critical habitat. Now, because of new information regarding the construction of Line 41 and the significantly reduced need for on-site drainage, it is clear that these impacts might be mitigated by on-site habitat conservation. The Planning Commission was clearly interested in this issue, and spent much of the June 9 meeting discussing the imposition of conditions that would allow them to develop a greater understanding after the approval of the Final Development Plan, of just how much of the existing on-site habitat could be conserved through modifications that would not alter the project's ability to provide 80 single family homes on the site. Yet because these issues were not fully studied, all of the conditions of approval simply kick this can down the road. The purpose of CEQA is to require analysis of potential mitigation measures before a project can be approved . . . I ~ I Jeffrey Ballinger June 28, 2021 Page 5 This project was approved by mitigated negative declaration; no Environmental Impact Report ("EIR") was ever prepared for this Planned Development District. "[U]nder CEQA, when there is a change in plans, circumstances, or available information after a project has received initial approval, the agency's environmental review obligations 'turn[] on the value of the new information to the still pending decisionmaking process."' (Friends of College of San Mateo Gardens v. San Mateo County Community College Dist. (2016) 1 Cal.5th 937, 951-952 [quoting Marsh v. Oregon Natural Resources Council (1989) 490 U.S. 360, 374].) As the June 9 Planning Commission discussion revealed, the new information regarding the potential to conserve on-site Casey's June beetle habitat due to the construction of Line 41 was central to the debate and resulted in the imposition of numerous conditions that were aimed at determining whether conservation of these portion of the project site was possible. Detailed analysis prior to the decision, as required by CEQA, would allow for an informed decision to be made regarding the fate of this endangered species. The fact that the project was not approved by EIR as an initial matter means that there is no deference to the decision not to require additional review, so long as there is "substantial evidence in support of a fair argument" that the project may have unmitigated environmental impacts. As the Supreme Court explained, "when a project is initially approved by negative declaration, a 'major revision' to the initial negative declaration will necessarily be required if the proposed modification may produce a significant environmental effect that had not previously been studied. (CEQA Guidelines, § 15162.) Indeed, if the project modification introduces previously unstudied and potentially significant environmental effects that cannot be avoided or mitigated through further revisions to the project plans, then the appropriate environmental document would no longer be a negative declaration at all, but an EIR." (Friends of College of San Mateo Gardens v. San Mateo County Community College Dist. (2016) 1 Cal.5th 937, 958 .) Even though the corridors along Matthew and East Palm Canyon Drive are a small area of the overall project, "[t]he significance of an environmental impact is not based on its size but is instead 'measured in light of the context where it occurs."' (Friends of College of San Mateo Gardens v. San Mateo County Community College Dist. (2017) 11 Cal.App.5th 596, 610.) Given the USFWS's conclusions regarding development threats to Casey's June beetle habitat and the limited available upland (non-wash) habitat that remains undeveloped, these habitat corridors do indeed constitute a significant impact. Applying Guidelines section 15162, subdivision (a)(3), under the circumstances where an EIR has not been prepared for this project, the new information regarding Line 41 satisfies the requirement for subsequent review that there are "mitigation measures ... previously found not to be feasible" that "would in fact be feasible and would substantially reduce one or more significant effects on the environment." As well, the record shows that there are "mitigation measures ... which are considerably different from those analyzed in the previous EIR [that] would substantially reduce one or more significant effects on the environment." The ability to conserve Casey's June beetle habitat on-site, and prevent entirely the taking of the endangered species, is a fundamental change in the mitigation possibilities relating to the impacts of this project on biological resources. As courts have recognized when considering the need to mitigate the loss of agricultural land, a mitigation measure that only preserves existing agricultural land does not mitigate for the . l Jeffrey Ballinger June 28, 2021 Page 6 loss of agricultural land. (See, e.g., Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296, 322 [ once agricultural land is converted, land loses its character as agricultural land and is removed from stock of agricultural land, and acquisition of agricultural conservation easement at 1: 1 ratio does not mitigate for loss of agricultural land].) "Entering into a binding agricultural conservation easement does not create new agricultural land to replace the agricultural land being converted to other uses. Instead, an agricultural conservation easement merely prevents the future conversion of the agricultural land subject to the easement. Because the easement does not offset the loss of agricultural land (in whole or in part), the easement does not reduce a project's impact on agricultural land. The absence of any offset means a project's significant impact on agricultural land would remain significant after the implementation of the agricultural conservation easement." (King & Gardiner Farms, LLC v. County of Kern (2020) 45 Cal.App.5th 814, 875.) These principles apply in full force here to this endangered species and its habitat. The conservation of otherwise undevelopable land does not increase the amount of land protected for the Casey's June beetle. The project's landscaping activities will result in a net loss of critical habitat and the unnecessary and avoidable take of the Casey's June beetle. Because mitigation in the form of protecting these corridors is now feasible, these mitigation measures should be required and implemented, or the project should prepare an EIR. OL T therefore requests that the Council require the preparation of an Environmental Impact Report, or instead require the conservation of the areas proposed for landscaping along Matthew Drive and East Palm Canyon Drive, including prohibition of grading in these areas. If the applicant is willing to comply with these mitigation measures, further environmental review is not necessary under Guidelines section 15162, which requires such review in the case that the applicant declines to implement the new mitigation measure. **** Please do not hesitate to contact me if you have any questions. OLT is very pleased that the Council has initiated an appeal of the Planning Commission decision and looks forward to the Council's discussion of this issue. ?J[+f~ Beverly Palmer ' } I , '. < 0 (/) I 0 <o--a O CD 0:::::,CDcy-~ ,--t-3 0 -· ' CD -· ,--t-C ' c CD O o ., :::::, V, ,--t-,--t- 0 ,--t-)> O ~ "< ~ :::::, CD ;o 0 CD ,--t- CD ~ Q_ 0 0 J> ~ 0 Q_o3 ia=r -.., V, 0 :::::, CD ~ 0-3 0 ' CD Q C ,--t--r, ' ~-< 0 ~ 8.-<~ ~ 2: o· c.o :::::, 0 ,--t- C :::::, Q_ CD ' V, ,--t- 0 :::::, Q_ :::::, (0 • I • .• , Part 1: Understanding • Destruction of Habitat • Species Affected • Community Understanding, habitat destruction Where are the areas of concern? The channel that runs along E Palm Canyon Drive is planned to be excavated despite Line 41 handling 97% of water flow. The perimeter along Matthew Dr until the bend which is already slated as open space will be graded and all native vegetation removed. ••ti t\.lQ\/~"' ~ _____ ...,.c.,...,...., ~ l!C,!IUIW.,· -----,.------:::-ac.:.•'lrltJf -----LctLN AIU CAlCUlATIONS: _,..,........, ~1111-l -ao.-, -.....11r ... 11.1ac .... ~ ..... ~- IOlM ~ IJ.:5Ar. •!Olk iim:c IODu iuiiii: •• ,r:,,.._. ~ N ,-. ,i ~ -Part l: Understanding, species affected ' t ~"'~ ~ .. •. ·• ... ,~,ly I ,.,- • • Casey's June Beetle is a Federal critically endangered species. • CJB is only found in Palm Springs, CA . • Matthew Drive parcel has been site surveyed by USFWS to have existing CJB and is critical I ~ habitat. • We are looking at full extirpation of this spe_ci ~f we don't .-,· .... ,: .. -. irpfilem~nt 9.rot,!:tction. • . •' _-., _,_,. ;:;,._ ;. -"l • ,tf•~-~ ~ ··.·-•:... -:~ ., . ~ ... ' --.s-~ ~ ;' -~. --~-. ---~··· .,. 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""< -· ::::, (.Q ..... , .. :, -. Part 2: Solutions • On-site Protection • Water Flow Alternatives • Community Collaboration Recommended Areas to Protect and Not Excavate 1. The Earthen Channel along E Palm Canyon Drive. This is critical habitat for the Casey's June Beetle, has mature vegetation and is being utilized by other species. 2. The Open Space/Art Park along Matthew Drive from E Palm Canyon till the Bend. Also critical habitat with mature vegetation. 3. 50 year old Desert Willow in SW corner (red arrow). ARA CA1CULAIIONS: ----IU:IAo _ .... _, .JA!bi --'"""" , ............ 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ID 1111 .,, -0 :e ,. -.. ID 1111 :::, SU .. -· < ID VI N (/') 0 C r+ Part 2: Solutions LIi. 1 mi i 1, m r ta 11. 1 i m ~ M i.n Mi,, 4'J n; 1 • 1®:.1 t. l; tm • Work with UCR Naturalists and Oswit Land Trust to create points of interest in relation to native species. • Build community around the very unique circumstance of having an endangered species in your neighborhood. • Be a Leader in Development Implementation to incorporate environmental practices that protect species and habitat. Anthony Mejia From: Sent: To: Cc: Barry & David <barrykdavidl@gmail.com> Monday, July 19, 2021 3:51 PM City Clerk Lisa Middleton Subject: Planning Commission Meeting Wednesday, July 21, 2021: Protect our Open Spaces! NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. To the Palm Springs City Clerk: We are asking you to distribute the below letter to the members of the Palm Springs Planning Commission and to all members of the Palm Springs City Council. Thank you: To the Planning Commission and the City Council: We are writing this letter to urge you to direct staff to NOT include Bel Air Greens and Whitewater properties in the general plan changes, and to NOT allow destruction to the Casey's June Beetle habitat at the Canyon View proposed development. Specifically: 1. We are asking that you protect the Whitewater Desert Habitat near Interstate 10. The owner of the property that was slated for the fulfillment center is asking to change the land use designation of this important ecosystem. This area is home to the critically endangered Fringe Toed Lizard, other lizards who require blowsand and other desert wildlife. This needs to remain protected desert so that mass development doesn't destroy it forever. 2. The Canyon View Development at Matthew Drive and East Palm Canyon has critically endangered Casey's June Beetle on their parcel. We are asking that the city council ask the developer to preserve just the perimeters of the parcel which will not affect the number of units they want to build. 3. The tenants for Bel Air Greens are trying to change the designation of that property from open space in the General Plan to non-open space so that large tract developments can be built. We are asking that you preserve this incredible piece of property as open space for the citizens of Palm Springs. 1 '1 /z z,,/ Zbti ITEM NO. ~6 Pt.iteuc. ~NI We appreciate your consideration of our requests. Respectfully, David L. Lundquist Barry R. Kob 3140 Cody Court Palm Springs, CA 92264 cc: Lisa Middleton, City Council Member Barry Russel Kob David Lundquist 760-464-0335 (Home phone) 760-485-2933 (Barry's Cell) 760-895-9994 (David's Cell) 2 Anthony Mejia From: Sent: To: Subject: juli Cavnar <julic574@gmail.com> Monday, July 19, 2021 8:38 PM City Clerk Whitewater NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. City Council: Please do not allow development in the Whitewater area. This area is too important to allow development. It is the home to important tress and insects. This is important to the future of our city! Juli Cavnar Sent from my iPhone ,/22/wzl 1 rrEMNO. o>/3 'PIA8UC ~f- Anthony Mejia From: Sent: To: Subject: Bonnie Ruttan <bonnieruttan@gmail.com> Monday, July 19, 2021 9:26 PM City Clerk For distribution to all Council and Planning Commission members NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. We request that you NOT include the Whitewater area nor Bel Aire Greens in any changes to the general plan We urge you to not allow the needless destruction of the endangered Casey's June Beetle habitat Please protect the perimeter of the Canyon View property Thank you for your consideration in preserving our open spaces Sincerely Bill Ruttan Bonnie Ruttan 1111 Abrigo Rd PS Sent from my iPhone 1 ,/22--/zo2.1 ITEMNO. olPJ Publi(:tJ,mmmf Anthony Mejia From: Sent: To: Subject: Attachments: Scott Connelly <scottdesert@gmail.com> Monday, July 19, 2021 9:44 PM City Clerk Public comment: Whitewater property and Bel Air Greens Bel Air Greens_Whitewater properties.pdf NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please distribute my attached letter to the Planning Commission and to members of the Palm Springs City Council. I am opposed to any changes in the land use designations regarding the Whitewater property and Bel Air Greens. These matters are on the July 21, 2021 Planning Commission agenda. Thank you Scott Connelly Palm Springs scottdesert@gmail.com 1 7/:J.Z/~'2,/ ITEMNO.~ To: City Clerk Palm Springs, cityclerk@palmspringsca.gov Palm Springs Planning Commission Palm Springs City Council Members July 19, 2021 Re: Bel Air Greens and Whitewater properties I urge you to not change the designated land use on the Bel Air Greens and Whitewater properties in the general management plan. I urge you to preserve our open space, critical environmental resources and our quality of life. Please consider the consequences of these locations and how it will adversely affect the environment and the quality of life of the residents and visitors. The newly created wildlife corridor between San Jacinto and Cabazon and the Sand to Snow National Monument is critical to the wildlife ecosystems and irreparable harm could be devastating to the wildlife in the area. The Coachella Valley Multiple Species Habitat Conservation Plan and Natural Community Conservation Plan 1 identifies areas of critical habitat and wildlife corridors connecting the areas adjacent to and surrounding this area of concern. The tourism-based economy that has been the life-blood of the Coachella Valley for decades could be adversely affected. The tourism draw of two thousand acres of unspoiled desert beauty surrounded by the wildlife-friendly Sand to Snow National Monument is a far greater asset to Palm Springs. The Palm Springs "brand" would be adversely affected by the negative effects of this development. Please consider the large number of residents who support preservation of open space based on past land use issues that have come before the City Council recently. In 2011 Riverside County proposed building a large jail complex near Whitewater property and it was overwhelmingly opposed by Coachella Valley leaders and residents. I trust your careful consideration of the issues and the possible collateral consequences will result in a decision to preserve our open space, critical environmental resources and our quality of life. Thank you for your consideration. Sincerely, Scott Connelly 2071 Marguerite St. Palm Springs CA 92264 1 https://cvmshcp.orq!Plan Maps.htm To: City Clerk Palm Springs, cityclerk@palmspringsca.gov Palm Springs City Council Members July 19, 2021 Re: Canyon View/EHOF project I urge the City Council to require the developer to preserve a section of the land on the perimeter to protect the rare and endangered Casey's June Beetle Thank you for your consideration. Sincerely, Scott Connelly 2071 Marguerite St. Palm Springs CA 92264 Anthony Mejia From: Sent: To: Subject: warner graves <warnersf@yahoo.com> Tuesday, July 20, 2021 7:05 AM City Clerk Whitewater fulfillment center NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. please share with all council members and city commissioner- Dear Council Members and City Commissioner, I am writing to oppose the proposed change in land use designation of the Whitewater fulfillment site. I would like to remind the members and commissioner that this land is designated open space and should remain so. I acknowledge that growth is inevitable but needs to be done smartly and in a way that enhances the community and protects the environment. I would like to see the land north west of Palm Springs remain open space and developed as a place for tourist and locals to enjoy. Please do not allow the natural beauty of our valley to be squandered and replaced with the LA sprawl creeping in from the pass. I live in Snow Creek. Thank you, Warner Graves Sent from my iPhone 7/zz/wzl 1 ,;{!J PU&l,IC bJwu,,e,J} rmMNO-~--- Anthony Mejia From: Sent: To: Subject: pjwtx@att.net Monday, July 19, 2021 6:49 PM City Clerk Upcoming planning and council meetings NOTICE: This message originated outside ofThe City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. As a resident of Palm Springs and one who likes the wildlife we are blessed with, I strongly appose the development of these important wildlife habitats: 1. Whitewater Desert Habitat (being considered for a fulfillment center and requiring a change in land use designation). 2. The Canyon View Development at Matthew Drive & East Palm Canyon (the developer should be made to preserve the perimeter of the parcel -which does not impact the units they plan to build). 3. Bel Air Greens -tenants are pressing get high density housing approved here (do not change the land use designation from open space into general plan). I am not necessarily against development in Palm Springs -just in areas where wildlife habitats and native plants are being destroyed by a change of designation . It seems that there is plenty of areas that are already designated for development. We don't need to be changing areas meant to be natural for all residents. Developers should not be able to profit over our resources. Also, consider how much eco-tourism brings to the area. We need to maintain our wildlife lands. I understand that these issues are coming up at this week's planning and council meetings. Please share my opposition to these projects. Paul J Wilkinson 229 Toro Circle Palm Springs, CA 92264 pjwtx@att.net 1 7/ 2. -z./,Zt>Z,f .:,e 'Pl.4 ~'-• c.,.. ~1 ITEM NO. _________ _ Anthony Mejia From: Sent: To: Subject: Terence Kissack <terencekissack@gmail.com> Monday, July 19, 2021 8:04 PM City Clerk Letter for Planning Commission and City Council NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please distribute this letter to the Palm Springs Planning Commission and City Council. Thank you! To Whom it May Concern: I am writing to urge you to NOT include Bel Air Greens and Whitewater properties in the general plan changes and to NOT allow destruction to the Casey's June Beetle habitat at the Canyon View proposed development. I support Oswit Land Trust's approach to both matters. Thank you for your attention to this matter. best, Terence Kissack 360 E Avenida Olancha Palm Springs, CA 92264 7/1.zJ20t.1 1 ~e, T'UEJI/I~ IOl'II~ ITEMNO. ______ _ Anthony Mejia From: Sent: To: Subject: Tracy Buyan <coyoteecee@yahoo.com> Tuesday, July 20, 2021 7:10 AM City Clerk Bel Air Greens and Whitewater properties & Canyon View development NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. To the Planning Commission and City Council: I urge you to direct staff to NOT include Bel Air Greens and Whitewater properties in the general plan changes and to NOT allow destruction to the Casey's June Beetle habitat at the Canyon View proposed development. Please distribute this request to each City Council member and the Planning Commissioner. Thank you! Tracy Buyan Palm Springs resident Sent from Yahoo Mail on Android 1 7/~z/wz/ JI!!, PUB~ I~ t!ull'JAl6H'f ITEM NO. _______ _ Anthony Mejia From: Sent: To: Subject: warner graves <warnersf@yahoo.com> Tuesday, July 20, 2021 7:12 AM City Clerk Bel Air Greens NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please share with all council members and city commissioner, Dear Council Members and City Commissioner, I am writing to oppose the change in the General Plan designation by the tenants of Bel Air Greens. This land is designated open space and should remain so. Thank you, Warner Graves Sent from my iPhone 1 -,Ja,~/U>~I Z/J PU8/.,I t ~~ ITEM NO. ______ _ Anthony Mejia From: Sent: To: Subject: Attachments: Mark Littlewood <mblinps@gmail.com> Tuesday, July 20, 2021 8:35 AM City Clerk PS Proposed Developments and Zoning Changes PS Proposed Developments and Zoning Changes.pdf NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please distribute my letter to each Palm Springs Planning Commission Member for their July 21, 2021 meeting. Please distribute my letter to each Palm Springs City Council Member for their July 22, 2021 meeting. Should the subject be delayed or postponed, please distribute for the new date. Thank you. Mark Littlewood 715 Scenic View Palm Springs CA 92264 209-843-4607 1 7/21,;,/'W-z,,/ ITEMNO.~B 'fuM1t /-,_,,,- July 20, 2022 Dear Palm Springs City Council Members, iT he owner of the property that was slated for the fulfillment center which we all protected from that overdevelopment is asking to change the land use designation of this important ecosystem. iT his area is home to the critically endangered Fringe Toed Lizard, other lizards who require blowsand and other desert wildlife. This needs to remain protected desert so that mass develo~ment c1oesn't destro~ it forever. iT he Canyon View Development at Matthew Drive and East Palm Canyon has critically endangered Casey's June Beetle on their parcel. We are asking that the city council ask the developer to preserve just the perimeters of the parcel which will not affect the number of units they want to build. The Casey's June Beetle is ONLY found in Palm Springs. rr he tenants for Bel Air Greens have been trying for years to get high density housing approved. Now they are trying to change the c1esignation from open space in the General Plan to non open space so that large tract developments can be built. We are diligently trying to preserve this incredible piece of property. Please call and write to OQ~ose any change in this Qro~enY's c1esignation. Respectfully, Mark Littlewood r7 15 Scenic View Palm Springs CA 92264 Anthony Mejia From: Sent: To: Subject: Rocklen DeHoog <rdehoog@gmail.com> Monday, July 19, 2021 5:17 PM City Clerk General Plan Changes NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. My name is Rocklen DeHoog and I am a fulltime resident of Palm Springs. I am writing to urge the city to NOT include the Bel Air Greens and Whitewater properties in the general plan changes. These areas were designated as open space to maintain the quality of life that residents and tourists expect from Palm Springs. Allowing development on these sites will increase traffic and reduce the quiet lifestyle that we currently enjoy in the city. In addition, changing these properties from open space will have a negative impact on the wildlife residing in these areas. In addition, I want to urge you to NOT allow destruction to the Casey's June Beetle habitat at the Canyon View proposed development. Minor changes to the plan will help preserve this habitat for the beetles. Please distribute this message to each City Council member and the Planning Commissioner. Rocklen DeHoog 1/22-/UJz/ 1 .:,, e, Pqe,ue 4mm&>sr ITEMNO. _______ _ Anthony Mejia From: Sent: To: Subject: Patty Shenker <pattyshenker@gmail.com> Tuesday, July 20, 2021 10:31 AM City Clerk No Development @ Whitewater or Bel Aire Greens NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, I would so appreciate it if you would make sure all City Councilmembers and Planning Commissioners see this. Thank you. Patty Shenker Dear City Council & Planning Commissioners, We are again writing to urge all of you to NOT include Whitewater area and the Bel Aire Greens in the general plan changes so that they can develop them. The proposed Whitewater area's fulfillment center is right next to critical habitat & should not be changed to allow development. It is imperative that we protect the desert's biodiversity and these proposals threaten the Casey's June Beetle who is only found n the Palm Springs area! They may just be bugs but they are our bugs and we want them to be protected! They are an endangered species! Many wildlife will be impacted by these developments. Please keep your promise that "the desert designation is intended to identify areas to be retained to protect natural scenic and wildlife resources unique to Palm Springs". There are plans to buy both of these properties for conservation and that is what you should be advocating. Thank you for your time and attention. Patty Shenker & Doug & Julia Stoll 825 S. Riverside Dr. 92264 1 ,Jzi/U>Z-f ITEM NO. c9e, p1,12,vt e, ~~ Anthony Mejia From: Sent: To: Subject: pa I mspri ngscondo@outlook.com Tuesday, July 20, 2021 1 :15 PM City Clerk Protect Bel Air Greens from Being Developed Once and For all !...Stop the pollution ... NOTICE: This message originated outside of The City of Palm Springs --DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear City Clerk, Please distribute a copy of the below email-letter to all the Palm Springs' Planning Commission & City Council members' prior to their July 21st and 22nd meetings: Dear City of Palm Springs Planning Commission & City Council members, Protect Bel Air Greens from Being Developed Once and For all ! Stop the pollution. Why is Bel A ir Greens' again being brought up during the Hottest time of summer when we have the fewes t residents' in town and many HOA 's are not in s ession and during a pandemic I state of emergency? And why is this being brought up every 6-12 months' ??? These land owners'/tenants' are now wasting everyone's time and should be billed accordingly. Besides, their open space is forever attached to our crucial Coachella Valley Aquifer and will never be developed and they need to accept this and move on. No means No. Please Re-schedule if at all needed to February or March 2022 when most residents' ( part time & full time)and Hoa's are in town or in session. Thank you, David Brown -, /zt,,/UJU 1 TTEM No. -'8 PU-6v1e ~ City Council Members Re: EOHF Canyon View To Whom It May Concern I am writing to express the concerns of the Rimrock NOrg about the above referenced project. Attached is a letter that was previously sent to the Planning Commission in May 2021. Sadly, we learned that the only issues the Commission would hear did not allow for our concerns to be heard nor addressed. Note: The Developer reached out to us the day of the Planning Commission meeting and expected us to drop everything to meet with them. We could not gather the Board nor other neighbors on such short notice and asked for another date. No reply received! After being ignored by the Develop for 6 weeks, this time the Developer reached out a week before the City Council meeting. It is summer and many of our Board members and residents are out of town. The Developer did not like our answer, so we are asking for a few minutes of your time to hear our concerns. Highlights: • Pools in front yards -that is either an accident waiting to happen and an invitation to anyone entering the property (children) to use these pools. • The 'sidewalk to nowhere' -No one will use this south side of East Pam Canyon sidewalk to go anywhere west or east. It will end at the dog park and there is no connection west to the bus stop at Cherokee. Matthew Street is a safer/shorter pedestrian option for Seminole Gardens and Safari MH Park residents. There is no need to plant/water shade trees; just leave all current natural vegetation here, as agreed to at the Planning Commission meeting in May. This fits into the landscape of the south hills/mountains. • No parking for 'community parks' -One of the parks is across from the gas station at Von's and the other is inside the property. Where would community residents safely park? • Extra safety measures for the school bus stop at Matthew and Linden during construction -please do this for the safety of the children. • Entrance to Canyon View project -too close to Rimrock Shopping Center entry. This entrance is located when traveling east on Matthew Street and using the 1st east entrance/parking lot. Again, we appreciate you for taking time to listen to our concerns. Respectfully Submitted, Carlene Hart, Chair, Rimrock NOrg 1 May 24, 2021 Planning Commission Re: Canyon View Housing Project on Matthew Street To Whom It May Concern: This is written to express the concerns of the Rimrock NOrg regarding the proposed Canyon View housing project on Matthew Street. We are trying to understand the rush to move this project forward without the City discussing the plans and walking the site with the neighborhood. A site visit with only City staff involved, does not allow for those who live here to give valuable input and provide support for the project. The neighborhood is also sad to learn that this will not be a multi-family project as this property is zoned. This area is well suited for affordable housing given proximity to Rimrock Shopping center, its related services, and state road 111 junction. The 80 upscale single family residential units, each with plunge pools, was another big surprise. • With another drought in sight, why are 80 pools needed? • Pools in front yards seem like an accident waiting to happen. How do you secure these pools, so children do not accidentally enter them? Our Other Concerns: Riverside County will be starting their flood control project in this area late summer or early fall. Right now, they plan for this project to take 1.5 years to complete. They also plan to repave Matthew and Seminole Way. • How will this project respect the integrity of the repaving projects? We also have concerns about those without transportation walking, biking, and using golf carts to get to Von's during this construction project. • How will they have safe access along Matthew Street during construction? Then there is the school bus stop on S Linden Way. This intersection is currently hard to see and it will be made even harder to see with construction fencing. • What are the plans to protect the children? • How about the cars entering Matthew Street, where the line of sight will be obstructed? Construction Site on Property: • Where will the construction site vehicles enter and leave the property? 2 The revised plans include a Community Park within the property. Matthew Street is too narrow for vehicles to park on either side of this project. • Where would Community residents park their vehicles to use this facility? • How comfortable would the residents of Canyon View be with non-residents being on property? • What about children entering the property on skateboards and bicycles? • How tempting would front yard splash pools be to children and the homeless? There is also a Public Statue Park proposed for Matthew Street across from the Von's Gas Station and the Rim rock Shopping Center entry. This busy entry way has several near misses daily. The intersection of EPC and Gene Autry/Matthew Street is already dangerous, with 7 lanes of traffic running east and west, and vehicles turning right without stopping. • Again, where would the Community residents park vehicles to use this park? Where the main entrance to this property is located is also a concern. Having the entrance on a curve and close to the side entry of the Rimrock Shopping Center is not a good idea. The curve area is where many cars speed, as Matthew Street has no posted speed limit. This street is also used by the car dealerships to test drive vehicles that have been repaired and is still being used for the occasional road racing event. We ask for a chance for the City to 'see it through our eyes' and address our concerns . We strongly request that a decision on this project be postponed until September, when more residents return from their summer hiatus and have a chance to review this project. Respectfully Submitted Carlene Hart Rim rock Norg, Chair 3