Loading...
HomeMy WebLinkAbout5/14/2008 - STAFF REPORTS - 1.A. f Redline— Shows Changes from Draft in Agenda Packet and Current Proposal 49, To be a Covered Activity under the Plan, development in Chino Canyon [Special Provision 2 (g)]) shall include the following measures. a. The overall footprint of the Project shall not exceed 288 acres and shall conform to the "development area" depicted in Figure 4-26(e)(1)(A) [See-also RO Figure 11.1ncluding all on-site and off-site utility and street infrastructure improvements necessary t_o_serve the Project. b. Establish conservation easements in Form siibsearutal4-ysubstantitally similar to the Model Conservation Easement, (as that form may be amended) over specific lands identified on Figure [#TBD Reference BO Figure 1] to create a PBS wildlife corridor across Chino Canyon. Corridor will include constructed escape terrain to facilitate PBS movement as described in [s] below. Easements must be implemented before grading permits may be issued for the Project. If easements not obtained in time, line demarcating take authorization will revert to original reasonable and prudent alternative location. -T fgure[TBD 4 reference BO Figure 11. c. Prior to issuance of grading permits for the Project, all land in Sections 5, 8, and 9 owned by the City of Palm Springs and/or the City of Palm Springs' Parks, Open Space, and Trails (POST)fund as of October 22, 2005, including the land in the Mountain Falls area lease, must be permanently protected for PBS conservation purposes through a conservation easement to the CVCC, in a form substantially similar to the Model Conservation Easement, as that form may be amended, that guarantees conservation in perpetuity and precludes the possibility of constructing golf courses, new trails, or other facilities. d. At the north and south ends of the wildlife corridor, the Applicant shall install artificial water sources for the PBS, with the design to be reviewed and approved by the Service. e. The Project proponent shall work with the appropriate entities to design and implement a transportation plan that establishes a shuttle service for the Tramway. The transportation plan shall be reviewed and approved by the Permittee, who shall provide the Service an opportunity to comment. The Project shall have the obligation to minimize traffic on Tramway Road. f. The security gates for the proposed Project on Tramway Road shall be installed outside and downslope of the Wildlife Corridor. Currently, the Winter Park Authority closes the existing security gate to the Palm Springs Aerial Tramway facility (tram) near Highway 111 at 10 p.m. each night to prevent unauthorized use of Tramway Road. The Project proponent has agreed with the Winter Park Authority that the guard at the Project site entry gate shall move down to the tram gate at 10 p.m. to control road access. The guard shall return to the Project gate when the Tramway Road reopens at 6 a.m. daily. The Project proponent shall build a gatehouse to provide shelter for the guard at that location. No other gates are contemplated. l cvnnsr-rcr:r QS�/ DOS atbSt f _i o.z��s r__RqA ascdl 5' C'm'{>liroeiJ��ac�.tCo g. _A vegetation management plan for the riparian area in the wildlife movement corridor, depicted in Figure 4-26e(1)A [Add location per Figure 2 of the 80] on Shadowrock land and on the land described in (1)c must be developed by the Project proponent, in cooperation with the City of Palm Springs, and approved by the Wildlife Agencies prior to issuance of grading permits. The vegetation management plan shall include the modification of riparian habitat, and the small cliff along the edge of the riparian area may be modified, to facilitate sheep movement across the corridor- h. The planting of toxic plants, such as oleander, nightshade species, and various Prunus sp., shall be prohibited within the proposed Project boundaries in perpetuity. Landscaping crews shall be trained in identifying these plants and shall remove them upon sighting. I. Any artificial water features associated with the proposed Project shall be designed to preclude shallow, vegetated edges that provide breeding habitat for Culicoides midges, an invertebrate disease vector for the bluetongue virus, a disease of bighorn sheep. This requirement applies for the life of the Project. j. The entire developed portion of the Project site shall be fenced and maintained in perpetuity to preclude PBS access to the development area. The fence shall be 3 feet high from its footings and shall not contain gaps larger than 4 inches so as to prevent entanglement of bighorn sheep. In addition, berms or vegetative hedges shall be established along the entire length of the Wildlife Corridor to preclude the visibility of activities on the project site to PBS, unless the Service based on substantial scientific evidence reasonably acceptable to the Permitlee and made available to the Project proponent, determines this to be detrimental to the sheep. 'eree-:;1•iell-e:�texx�-easterky--a�•-}�edrsi�es-rrF=F�et�twuyit+sntl-Fe�a-tfisiat�c�:tl,f-2beliF38A-fi�:4�u�r� rite-ro ttl vttetscst�th Wildlife Gorri}or—to po-rtialt�-wrap trutm l-ttte project site. The final fence plan, and any exceptions to the specified installation or location, shall be reviewed ana-appr-�d-by the Service within thirty days of submission. k. The Project proponent shall establish an escrow fund in the amount of$500,000 at the commencement of project vertical construction to be used for listed species conservation purposes to be determined by the Service. I. The Project proponent shall ensure that 1 percent of the gross proceeds from the sale of all retail goods within the hotel stores at the Project be deposited annually into an interest-bearing account, with an entity to be determined by the Service, for the life of the Project; these funds shall be used for listed species conservation purposes at the sole discretion of the Service. The Service will have sole discretion over these funds and a written legal instrument shall be provided to assure this. In the event a hotel is not built, one percent of the total building valuation (computed using the latest building valuation determined in the manner provided in PSMC Sec. 3.37.070(d) as may be amended from time to lime) of the Project shall be deposited in an interest bearing account for the purposes described above prior to the issuance of occupancy for each phase of the Project as approved by the Permittee 2 CVMST-ICP, F.xhihic A.May 10.200R(DCIi ReVISed S7SZai.1 m. The Project Proponent shall collect and disperse at the direction of the Service all funds generated from all project-related sources from the Project for listed species conservation purposes. The contract shall require that the Project Proponent, and any successors and assigns, provide the specified services herein in perpetuity. The Project Proponent shall manage the account free of charge as described in a Memorandum of Agreement between the Project Proponent and the Service. n. No mass grading shall occur within 100 feet of the Chino Creek riparian area from March 15 through September 15 within the Project site. For any construction work performed within the area specified in this paragraph during the period of March 15 through September 15 of a given year, the Project proponent shall install sound attenuation devices or implement measures, so as to minimize noise impacts on the LBV by reducing sound levels below 60 dB. o. Any Project fill material to be imported shall only come from off-site borrow areas permitted by local, State and Federal governmental agencies. The Project proponent shall notify the Service as to where and when fill material will be obtained prior to importation, so that the Service can determine whether listed species could be adversely affected and any incidental take has been properly authorized. p. If new water wells are developed by the Project proponent on the site, they shall comply with the restrictions established by the Permittee. The restrictions require that wells, if any, be located at least 5,000 feet downhill from the cienaga west of the Project site. q. No vertical construction activities or facilities shall occur within a minimum 100-foot setback from the Chino Creek riparian corridor within the Project site. r. No rock crushing shall take place within 500 feet of the Chino Creek riparian area on the Project site. s. A biological resources monitor shall be onsite during construction of the Project. The duties of the biological resources monitor shall include, but are not limited to: conducting desert tortoise clearance surveys per the Service's protocol; directing where to install temporary fencing that avoids sensitive areas such as the riparian habitat; and conducting an education program for the construction crew regarding sensitive habitat and listed species. The monitor shall have the authority to stop construction activities, if necessary, to ensure compliance with any of the conservation measures discussed herein. 3 ,tS_ Ex hihii q,Mgy 10 2008(DGi_g�,yjgc� S7G�,OS.1 t. A special lighting system shall be installed within the Project site to ensure to the extent feasible, that light does not "spill over' into the Chino Creek riparian area, PBS habitat, and other natural habitats surrounding the site. The lighting system shall include low-set lighting and shields that prevent artificial light sources from shining directly into natural habitat areas to minimize disturbance to and vulnerability of listed species to increased predation. Any golf driving range shall be limited to use during daytime hours only with no lights installed for night- time usage. u. No construction-related activities, involving blasting and/or use of equipment that produces noises or sounds louder than that produced by a D9 tractor shall occur between January 1 through June 30 of any year, to address, in part, the adverse impacts of construction during the PBS lambing season. v. The Psrmittee shall work with the Mt. San Jacinto Winter Park Authority and the Service to reduce potential sheep mortality due to collisions with vehicles along Tramway Road and to enhance the currently reduced movement corridor for PBS across Chino Canyon, which is restricted due to current and Project-related traffic levels. To the extent that a hotel is constructed on site, the Project proponent shall establish a shuttle service that ferries people from the Project site to the tram for the life of the Project. The speed of the traffic on the road shall be limited to 25 miles per hour and signs shall be posted reminding drivers of the presence of PBS in the area for the life of the Project. Within the wildlife corridor, traffic speeds shall be limited to 5 mph for the life of the Project. In addition, the area where people are picked up and dropped off shall be consolidated in the immediate vicinity of the tram. The Project proponent shall enter into a legally enforceable agreement with the Desert Water Agency, Mount San Jacinto Winter Park Authority, Service, and any other necessary parties, which includes construction and operation of a gate system that effectively prohibits all human access along Tramway Road within the designated movement corridor, other than for operation and maintenance of the Palm Springs Aerial Tramway and Tramway Road, and for access to all landowners within and uphill of the designated movement corridor that require access to their properties, including the California Department of Parks and Recreation, California Department of Fish and Game, U.S. Forest Service, and BLM. The Project proponent shall also enter into an agreement with the Tram Authority, and any other affected parties to establish a coordinated shuttle system for all recreational visitors to the tramway that minimizes traffic through the wildlife corridor. w. An education program, to be reviewed and approved by the Service, shall be developed and implemented for clients and residents of the Project for the life of the Project that provides information on the status, sensitivity, and conservation needs of the bighorn sheep. 4 �!S.1J.�t'MGastaxU.itA may in.2nnx tocn ur�;,��1 s7a:ns.G x. The Permittee/Project proponent shall not object to uses such as the construction of road improvements to avoid and minimize adverse effects on PBS caused by traffic, an overpass for sheep usage, sheep augmentation within the San Jacinto Mountain range or other uses determined by the Service==lse-eseraw-holler shall be instructed by based on substantial scientific evidence reasonably_acceptable to the Permittee, and made available to the Project proponent to•release-lie-eser-0cued frmdr a n3aa{�x3}char-iky-a�-designnted by the Service upon the issuance-of a Certificate of on-khe-Projecl:= y. Rocks 30" and above will be stockpiled within the wildlife corridor to create constructed escape terrain as directed by the Service. After evaluation, if the constructed escape terrain is determined, based on substantial scientific 4eta7thak-w,114-evidence reasonably acceptable to the Permittee and made available to the Perniatee-and Project Propunemproponent, to be unsuccessful or detrimental to the corridor, the Project Proponent shall be responsible for removal of the rocks and restoration of the area. Z. -Permittee_may faaaa ebb--require Project Proponent to implement additional measures if Permitee reasonably determines such measures are necessary to facilitate sheep movement through or around the project to ensure continued connectivity should the Permitee determine that sheep do not use the wildlife corridor. aa. —The development of the Project shall be located solely within the Development Area depicted on Figure 4-26e(1)(A) (excluding required access and off-site infrastructure improvements) or such smaller area therein as the City requires pursuant to the City's adopted plans and policies or as the City determines is necessary or appropriate to accommodate sheep movement as provided in Item uz above. The construction of any on-site or off-site utility and street infrastructure improvements necessary to serve the Project shall be deemed consistent with the requirements of this condition. 5 CVMSHCP:Exhibit A.May 10.2008(DCT•l Reviscd) ROM COACHELLA VALLEY ASSOCIATION of GOVERNMENTS i DATE: May 9, 2008 TO: TECHNICAL ADVISORY COMMITTEE FROM: Katie Barrows, Director of Environmental Resources RE: Consideration of Permit Conditions for the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) STAFF RECOMMENDED MOTION That the Technical Advisory Committee consider recommending to the Executive Committee acceptance of the Special Terms and Conditions for USFWS permit for the Coachella Valley Multiple Species Habitat Conservation Plan, BACKGROUND: The California Department of Fish and Game permit for the CVMSHCP is expected to be complete in May Since our presentation to you on April 11, staff has continued to work with the US Fish and Wildlife Service (USFWS) on the Special Terms and Conditions ("permit conditions") that are part of the federal permit. The draft permit conditions were distributed to the CVCC on April 10 and to the Technical Advisory Committee on April 11. At that time, we reported that some permit conditions were not resolved. We have continued to negotiate with the U.S Fish and Wildlife Service regarding the MSHCP Permit Conditions per the direction from the CVCC to resolve the outstanding issues with USFWS and to ensure that the permit conditions do not require significant changes to the CVMSHCP. With continued negotiations, significant progress has been made On April 28, prior to the Executive Committee meeting, CVAG staff met with USFWS staff and additional changes were made to the permit conditions to address the concerns we had identified. These changes were provided to the Executive Committee and staff at their April 26 meeting. A brief review of the permit conditions was provided as part of the staff report at that meeting. The attached Exhibit A, 'MSHCP Permit Conditions with Recommended Changes", is the same list of permit conditions distributed at the April 28 Executive Committee meeting It is the complete list of permit conditions including changes made on April 28 as a result of the CVAG/USFWS meeting. These changes are shown with strikeout and underline. The permit conditions affected include 7, 8, 25, 32, 34, 38 and 42. The changes shown were made and agreed tc by USFWS and address the concerns identified by CVAG staff during our negotiations. The direction from the Executive Committee was to provide the permit conditions to the Permittees for their consideration, including the Technical Advisory Committee. Per direction from the Executive Committee the permit conditions are also on the agenda for the CVCC and Energy and Environmental Resources Committee on May 8 It should be noted that ten of the permit conditions, numbers 33 through 42, relate to the Santa Rosa and San Jacinto Mountains Trails Plan which is part of the CVMSHCP CVAG staff met with various representatives of the trail users to review these conditions and get input from them Exhibit B shows changes to three of the conditions, numbers 36, 37, and 42, that were requested by the Desert Trails Coalition which have been agreed to by USFWS The efforts of the trail users and the USFWS to resolve these concerns are appreciated ITEM NO. ' rA OVA I- COACHELLA VALLEY ASSOCIATION of GOVERNMENTS In the draft permit conditions provided on April 10, there were a number of permit conditions listed for "All Permittees " These permit conditions have been eliminated. There is also one permit condition, number 47 which is specific to Riverside County; this condition has been reviewed by County staff and counsel. There are also two conditions specific to the City of Palm Springs, numbers 48 and 49 These conditions have been reviewed by the City of Palm Springs At the April 28 Executive Committee meeting, the City of Palm Springs indicated that these permit conditions are acceptable. CVAG staff is available to assist the Permittees with any questions or concerns regarding the permit conditions. Pending any issues identified by the Permittees, the Technical Advisory Committee could recommend acceptance of the permit conditions to the Executive Committee, The USFWS could then forward the permit for their final internal review and approval. The Executive Committee could then consider acceptance of the permit from the California Department of Fish and Game and the US Fish and Wildlife Service at the June 2 meeting. FISCAL ANALYSIS: Information only 0000ET2 -•. EXHIBIT A: MSHCP PERMIT CONDITIONS WITH RECOMMENDED CHANGES COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN SPECIAL- TERMS AND CONDITIONS FOR TE-104604-0 U.S. FISH AND WILDLIFE SERVICE, CALIFORNIA STANDARD CONDITIONS and ACCOUNTING 1. All sections of Title 50 C.F.R., parts 13, 17.22 and 17.32, and any future amendments thereto, are conditions of this Permit The current version of these regulations is provided in Attachment 1. 2. The authorization granted by this Permit is subject to compliance with, and implementation of, the Final Recirculated Coachella Valley Multiple Species Habitat Conservation Plan/ Natural Community Conservation Plan (Plan/MSHCP), dated September 2007, and the executed Implementing Agreement (IA), all of which are hereby incorporated into this Permit. In the event of a discrepancy, the conditions and authorizations of this Permit are controlled by the Plan documents in the following order (1) the Special Terms and Conditions of this Permit included herein; (2) the executed IA; and (3) the Plan, including its associated volumes (exclusive of the IA). 3. The Permittees, their authorized agents, Third Parties Granted Take Authorization under the direct control of the Permittees, and Participating Special Entities that have obtained a Certificate of Inclusion, are authorized to take the animal species in Attachment 2 to this Permit as Covered Species, subject to the conditions therein, to the extent that take of these species would otherwise be prohibited under section 9 of the Endangered Species Act of 1973, as amended (Act) and its implementing regulations, or pursuant to a special rule promulgated under section 4(d) of the Act. Take of Covered Species (animal) must be incidental to otherwise lawful Covered Activities within the Plan Area as defined in the IA and further described and depicted in the Plan. Per Attachment 2, twenty-seven (27) taxe are Covered Species subject to compliance with and implementation of the Permit Terms and Conditions described herein, the Plan, IA, and associated documents, and where appropriate, the species-specific Permit Terms and Conditions described herein. 4. Take authorization is effective at Permit issuance, subject to the other terms and conditions herein, for those animal species listed as "Covered" in Attachment 2 that are currently listed under the Act For the 14 animal species in Attachment 2 that are not listed as threatened or endangered under the Act, this section 10(a)(1)(B) Permit will become effective with respect to such species concurrent with their listing under the Act, subject to the conditions herein, should they be listed during the Permit term, to the extent that their take is prohibited by the Act. Take must be incidental to otherwise lawful Covered Activities within the Plan Area as defined in the IA and described in the Plan, and as further conditioned herein The amount and nature of the take is described in our Biological Opinion and the Plan for these species The 14 unlisted animal species are. Coachella Valley giant sand-treader cricket (Macrobaenetes valgum), Coachella Valley Jerusalem cncket (Stenopelmatus cahuilaensis), flat-tailed horned lizard (Phrynosoma mcalll), burrowing owl (Athene ouniculana), cnssal thrasher (Toxostoma crissale), Le Conte's thrasher (Toxostoma lecontei), gray vireo (Vireo vicinior), yellow warbler 1 CVMSHCP Ehibu A. May).2008 "n 7 G" VUUQJ tall v� (Dendroica petechia brewsten), yellow-breasted chat (Icteria virens), summer tanager (Piranga rubra), California black rail (Laterallus jamaicensis), southern yellow bat (Lasiurus ega xanthinus), Coachella Valley round-tailed ground squirrel (Spermophilus terebcaudus chlorus), and Palm Springs pocket mouse (Perognathus longimembris bangst). 5. Because take of plants is not prohibited under the Act, incidental take for plants cannot be authorized under this Permit No take is authorized for the federally listed Coachella Valley milk-vetch (Astraga/us /entiginosus var, coachellae) and triple-ribbed milk-vetch (Astragalus tricarinatus) Plant species included in the Permit in Special Terms and Conditions and in Attachment 2 are named in recognition of the conservation benefits provided for such plants in the Plan and IA, and receive those assurances identified in the Plan and IA. 6. Fully Protected Species under California Fish and Game Cade may not be taken (as that term is defined in the California Fish and Game Code) or possessed at any time except under limited circumstances, as provided in the Fish and Game Code. The following species are Fully Protected Species California black rail (Laterallus jamaicensis), Yuma clapper rail (Rallus longirostris yumanensis), and Peninsular bighorn sheep (Ovis canadensis cremnobates). 7. This section 10(a)(1)(B) Permit shall constitute a Special Purpose Permit under 50 Code of Federal Regulations section 21 27, for the take of Covered Species listed under the Act and which are also listed under the Migratory Bird Treaty Act (META, 15 U.S.C. §§ 703-712), in the amount and/or number specified in the Plan, subject to the terms and conditions specified in the Section 10(2) Permit. Any such Take will not be in violation of the META. The META Special Purpose Permit will extend to Covered Species listed under the Act and also under the MBTA after the Effective Date of the Section 10(a) Permit This Special Purpose Permit shall be valid for a period of three (3) years from its effective date, provided the section 10(a) Permit remains in effect for such period The Special Purpose Permit shall be renewed upon written request to the U.S Fish and Wildlife Service (Service) or as otherwise applicable pursuant to the requirements of the MBTA, provided the Permittees remain in compliance.with the terms of the Plan, the Implementing Agreement and the Section 10(a) Permit. Each such renewal shall be valid for a period of three (3) years, provided that the Section 10(a) Permit remains in effect for such period Take, as defined by 50 C F R. 10.12, associated with habitat loss for bird species on the list of Covered Species is avoided or minimized within Conservation Areas by the restrictions provided in Section 4 4 of the Plan. For other birds protected by the Migratory Bird Treaty Act (MBTA) and not listed under the Act no take is authorized under the MBTA (including killing and wounding of any such birds, or take of eggs and active nests). Prier to ground disturbing activities, Permittees shall provide information to affected landowners regarding their responsibilities under the Migratory Bird Treaty'Act S. Permittees, as applicable, shall contact the Service's Carlsbad Fish and Wildlife Office (6010 Hidden Valley Road, Carlsbad, California 92011) within 1 business day after they became aware of any violations or potential violations of the Act or MBTA at (760) 431-9440 9. Within 1 business day of finding dead, injured, or sick endangered or threatened wildlife species, the appropriate Permittee or its designated agent shall orally notify the Service's Carlsbad Fish and Wildlife Office at (760) 431-9440 Written notification to the Carlsbad Fish and Wildlife Office (6010 Hidden Valley Road, Carlsbad, California 92011) and the Division of Law Enforcement (165 West F Street, Suite 440, San Diego, California 92101-5063) shall be made within 5 business days and shall include the date, time, and location of the specimen and any other pertinent information CVMSHCP:Exhibit A. May 9. 20w r, V 0004 1 10, Where Covered Activities result in the incidental take of Covered Species within the U.S. Army Corps of Engineers' (Corps)jurisdictional wetlands or other waters of the United States, or where Covered Activities are federally funded or require a Federal permit or authorization, such incidental take is authorized by this Permit provided that appropriate authorization is first secured from the Corps or any other applicable Federal agency with jurisdiction Pursuant to and consistent with Section 14.8 of the IA, where Covered Activities require section 7 consultation under the Act, exemption for any associated incidental take by the applicable Federal agency shall be provided through future consultation, while authorization for any associated incidental take of Covered Species by the Permittees, Third Parties Granted Take Authorization, and/or Participating Species Entities shall be provided through this Permit. 11. A copy of this Permit must be on file with each of the Permittees. Please refer to the Permit number in all correspondence and reports concerning Permit activities. Any questions you may have about this Permit should be directed to the Field Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011, telephone (760) 431- 9440. 12. Notwithstanding anything to the contrary in the Plan and IA, the Service retains statutory authority, under both sections 7 and 10 of the Act, to revoke incidental take Permits that are found likely to jeopardize the continued existence of a listed species 13. In order for Covered Activities carried out by third parties to receive take coverage under the Permit, the regulatory requirements for extending incidental take to third parties must be met (see 50 C.F.R. § 13.25(d) and (e)). Specifically, the third party must be under the direct control of a Permittee, such that the Permittee has the ability to enforce the terms and conditions of the Permit against the third party A third party is under the direct control of a Permittee if 1) the third party is employed by or under contract to a Permittee for purposes authorized by the Permit; or 2) the third party Covered Activity is under the jurisdiction of a Permittee through an ordinance, or equivalent; or 3) the third party has been issued a permit by, or has executed a Certificate of Inclusion with, a Permittee Vested projects within the Plan Area may receive take authorization under the Permit as follows any proponent that has received all necessary approvals from a Permittee for a project within the Plan Area, such that the project is considered vested under appropriate California law, may request Third Party Take Authorization for its activities pursuant to the Permit as a Vested Project Developer. Such activities must comply with all applicable Plan, IA and Permit requirements A project with legal vested rights (as of the date of Permit issuance) may obtain take coverage provided that the project applicant executes a Certificate of Inclusion with the applicable Permittee that requires compliance with all applicable Plan, IA, and Permit requirements, and that expressly confirms the consent of the third party to enforcement of the Plan, IA, and Permit against the Vested Project Developer by the Permittee 14 Any take authorized (under Section 10) or exempted (under Section 7) for a Covered Activity approved by a Permittee in a Conservarion Area shall be counted against the take authorization of the affected Permittee Take authorization associated with public projects identified in Section 7 of the Plan shall not be counted against the take authorization of the affected Permittees 15 New development that requires a discretionary permit from a Permittee which expands an Existing Use and results in new disturbance shall be subject to MSHCP requirements. Any CVMSHCF E%hihil A, May 9,2008 aWlN authorized disturbance of Natural Communities and Covered Species modeled habitat shall count toward the amount of disturbance authorized under the Plan since the Covered Species habitat and Natural Communities on these lands were not addressed or included in the amount of anticipated disturbance authorized under the Plan 16 CVCC shall conduct an accounting of authorized disturbance approved by the Permittees since November 1996 As may be determined by said accounting, any authorized disturbance acreage shall be deducted from the anticipated 10 percent disturbance allowed within the Conservation Areas as part of the Year 1 Annual Report under the Plan. 17, When a project is analyzed under the Joint Project Review Process, the authorized disturbance shall be calculated upon completion of the Joint Project Review Process and shall be deducted from the acreage of disturbance authorized for each Permittee at the time the Permittee issues a grading or building permit Disturbance associated with public projects identified in Section 7 of the Plan shall not be counted against the disturbance authorization of the affected Permittee. Undeveloped portions of parcels in Conservation Areas on which development is approved shall count towards meeting the Conservation Objectives only when the undeveloped portion of the parcel is legally described and is permanently protected through an appropriate Legal Instrument that allows long-term monitoring and management in perpetuity. When these requirements are met, the conserved part of the parcel shall be counted in the rough-step calculations. Review of development projects and accounting shall occur in accordance with the Joint Project Review Process and the Implementation Manual and shall be included in the Annual Report. 18. The Agua Caliente Band of Cahuilla Indians owns properties outside the boundaries of 1 the Reservation but within the MSHCP Plan Area. These properties (see Figure T-1 and Tables T-1, T-2 and T-3 attached) are proposed to be covered by the Tribal HCP (THCP) now in preparation. If the THCP is approved by the Service, the CVCC will coordinate with the Agua Caliente Band of Cahuilla Indians regarding an amendment to remove the appropriate parcels from the MSHCP Plan Area and to adjust land ownership, acres to be conserved and acres of disturbance authorized within the MSHCP Figure T-1 and Tables T-1, T-2 and T-3 include the USGS section numbers, assessor parcels numbers, and estimated acres for the parcels and habitats affected 19. If any Federal lands within the MSHCP Plan Area are transferred to private entities or Permittees otherwise covered under the MSHCP, any Covered Activities proposed on those lands shall be subject to all pertinent conservation requirements under the MSHCP. Within Conservation Areas there shall be no net loss of conservation This means that to the extent those lands were counted as Existing Conservarion Lands in the MSHCP (and all assumptions associared with that status), an equal number of acres shall be conserved within the same Conservation Area. 20 CVCC and/or Coachella Valley Association of Governments shall ensure that a Final MSHCP document that incorporates the Special Permit Terms and Conditions and clerical changes consistent with Section 6 12.1 is printed within 12 months of Permit issuance Specific changes, including adjustments to acres to be conserved and acres of disturbance authorized within the MSHCP, shall include ti 4 CVMSI ICI' 1ia11ibi1 A. May 9.2008 J GC' a. With respect to the parcels owned by Century Crowell Communities (APNs 669-290-007, 669-290-010, 669-310-002, and 669-320-007) corrections to the MSHCP will be made within three months of Permit issuance: i. Under the MSHCP, the Special Provisions Parcels (APNs 669-290-007, 669-310-002, and 669-320-007) contain 91 acres of habitat for desert tortoise below toe-of-slope, Table 4- 111f of the MSHCP indicates that 59 acres of disturbance are authorized for desert tortoise below toe-of-slope Consistent with the take authorization for other species, 92 acres of disturbance is the correct amount of take authorization for desert tortoise within the Special Provisions Area below toe-of-slope. The amount of take authorization will be corrected through a clerical change pursuant to Section 6.12.1 of the MSHCP. Development of below toe-of-slope portions of the Special Provisions Parcels is consistent with the MSHCP and no additional take coverage is required for impacts to desert tortoise, provided that Century conserves the above toe-of-slope portions of the Special Provisions Parcels in perpetuity. ii, Under the MSHCP, a portion of the Century Crowell property identified as Assessor's Parcel No. 569-290-010 ("APN 669-290-010") south of Highway 111 is included within the Santa Rosa and San Jacinto Mountains Conservation Area. It is presently unresolved whether the legal boundary of APN 669-290-010 extends south of Highway 111. The parcel contains 4 acres of habitat for both Peninsular bighorn sheep and desert tortoise and 4.5 acres of habitat for Le Conte's thrasher The MSHCP does not allocate or prevent disturbance of habitat for any other species on that portion of APN 669-290-010 within the Conservation Area If it is determined that a parcel boundary correction is necessary, this parcel boundary correction would result in the removal of a portion of the parcel, including the 4 acres of bighorn sheep and desert tortoise habitat and 4.5 acres of Le Conte's thrasher habitat, from the Santa Rosa and San Jacinto Mountains Conservation Area. The removal of that portion of APN 669-290-010 south of Highway 111 within the Conservation Area shall be corrected through a clerical change pursuant to 6.121 of the MSHCP. b. Natural Community Tables 10-8 for mesquite hummocks and 10-19 for coastal and valley freshwater marsh shall be adjusted to reflect the acres subject to "no net loss" as described in the Plan such that the acreage listed for Total Acres of Natural Community in the Conservation Areas is the same as the acreage listed for Total Acres to be Conserved in the MSHCP Reserve System 21. Development proposed by non-profit organizations within Conservation Areas is subject to the take authorization and conservation requirements through the rough step calculation identified for each Conservation Area in the Plan. 22, A Conservation to Development ratio of 9:1 within the Willow Hole Conservation Area shall be maintained within each of the following areas 1) the east half of the southwest quarter, and the east half of the east half of the west half of the southwest quarter, and east half of the west half of the southwest quarter, of Section 12, T3S R4E; 2) the east half of the east half of the southeast quarter, and the west half of the west half of the southeast quarter, and the west half of the east half of the west half of the southeast quarter of Sectionl2, T3S R4E as shown in Figure 4-13f of the Plan; 3) the northwest quarter of Section 19, T3S R5E; 4) the portion of the northeast quarter of Section 19, T3S R5E that is in the Conservation Area; 5) the portion of the northern half of Section 20, T3S R5E as depicted in Figure 4-13f of the Plan; 6) the portion of the north half of Section 24, T3S R4E that is in the Willow Hole Conservation Area; 7)the portion of the southern quarter of Section 26, T3S R5E as depicted in Figure 4-13f, and 8) the east half of the northwest quarter within the Willow Hole Conservation Area, and the west half of CVMSHCP Exhibit A. N12y c),2pO8 r 00002 7 :.. L7 the west half of the northeast quarter, and the east half of the west half of the northeast quarter (except those portions north of Varner road) of Section 29, T3S RSE. (See Figure ) 23. Certain measures are identified in the Plan as obligations to be performed to the "maximum extent Feasible". If the applicable Permittee determines that performing an obligation to the fullest extent is not Feasible, the meet and confer process as described in 23.6 A-D of the Implementing Agreement shall be followed. CVCC MONITORING AND MANAGEMENT 24, Prioritization of the Monitoring Program shall include a focus on the development of scientifically valid, repeatable survey techniques that will Support population estimation and determination of distribution for the Coachella Valley giant sand-treader cricket, Coachella Valley Jerusalem cricket, desert pupfish, Coachella Valley fringe-toed lizard, flat-tailed horned lizard, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse in the Plan Area (particularly in the Core Habitats) over the term of the Permit. These techniques shall be developed in coordination with the Wildlife Agencies prior to their implementation The CVCC shall ensure that any monitoring and management of these species that are implemented through joint funding by multiple Permittees are coordinated to allow for comparison across the Plan Area and through time in support of the effectiveness monitoring and adaptive management requirements of the Plan. 25. Use of the Management Contingency Fund under Section 8 of the Plan shall include addressing the following sand-dependent species priorities: 1) funding of activities addressed in Special Permit Term and Condition #26; 2) development and implementation of an invasive species management plan that assesses the status of and threats from invasive species, identifies knowledge gaps, and addresses control of invasive plant species (e.g, Saharan mustard) in Snow Creek/Windy Point, Thousand Palms, Whitewater Floodplain, and Willow Hole Conservation Areas; and, 3) funding of other sand-dependent species/habitat related Special Permit Terms and Conditions. The invasive species management plan shall be developed within 3 years of Permit issuance in coordination with the Wildlife Agencies; this management plan shall be implemented beginning in year 4 post-Permit issuance. The Manaciement Contingency Fund ma su lement but not replace,the Monitoring and Management Program budget. 26. For Coachella Valley Fringe-toed Lizard, Coachella Valley Round-tailed Ground Squirrel, Palm Springs Pocket Mouse, and Coachella Valley Milkvetch, to ensure that a minimum of three (3) viable populations (long-term persistence of self-sustaining populations) within Core Habitat for these species is maintained, or if necessary re-established and maintained, the following measures shall be implemented. a) The CVCC shall manage and enhance modeled Core Habitats for these species to provide for persistent and sustainable populations and essential ecological processes, including broader patterns of sand transport and deposition in the Whitewater Floodplain and maintenance of sand transport and deposition in all Core Habitats to the maximum extent practicable (e g , sand fencing as appropriate in any of the Conservation Areas and restoring mesquite in Thousand Palms Conservation Area) to achieve the Conservation Objectives for these species in the Plan. b) The CVCC shall assess the animal species identified above to determine the presence of persistent and sustainable populations and essential ecological processes within the 6 CVMSHCP Lnhibit A.May 9,2008 r'. FW Core Habitats. This assessment shall be completed within 3 years of Permit issuance using methods developed jointly by the CVCC and Wildlife Agencies c) Specific studies shall be conducted as part of the baseline monitoring for the Coachella Valley milkvetch to assess viability of seed bank, substrate affinities, micro-habitat requirements, seed dispersal, pollination ecology, and impacts of invasive species within the Core Habitat areas to ensure that the appropriate measures to support long-term conservation of this species are identified These studies shall be completed within 5 years of Permit issuance using methods developed jointly by the CVCC and Wildlife Agencies d) The CVCC shall develop long-term management strategies for each of these species that identify specific monitoring approaches (e g., the use of probabilistic population estimates, relativistic population indices, and/or assessments of effective population size) and management actions (including actions to address habitat as described in a) above) that will be implemented and a specific time line for implementation to ensure a minimum of 3 viable populations including adequate distribution to support long-term viability of the populations within Core Habitat areas These management strategies shall be completed and provided to the Wildlife Agencies for their concurrence within 5 years of Permit issuance for the animal species and 7 years for the CV milkvetch e) Within 6 months of their completion, implementation of the measures associated with the management strategies shall begin through incorporation into the applicable Reserve Management Unit Plan(s) and Adaptive Management Program Any changes to the Covered Species and Natural Communities Conservation Goals and Objectives and Required Measures for the Conservation Areas that include Core Habitat for each of the species identified above shall be submitted to the Wildlife Agencies for review and approval within 8 years of permit issuance and incorporated into the Joint Project Review process as appropriate 27. Within 3 years of permit issuance a translocation policy for sand dependent species shall be developed by the CVCC that complies with State and Federal laws, policies and regulations. This policy will address the potential need for translocation (e.g. to maintain genetic diversity). Known areas of high concentrations of species that are disturbed or developed could be targeted for possible salvage or for use in scientific studies 28 Within all areas of the Morongo Wash Biological Corridor (discussed in Plan Sections 4.3.7 and 7.3.1), the CVCC through the Reserve Monitoring and Management Program, including the Reserve Management Plan, shall provide for appropriate habitat requirements based on best available information including the CDFG-funded 2008 Study for Palm Springs Pocket Mouse 29, CVCC and the Land Manager, through the land management program, shall identify and document implementation compliance with the Land Use Adjacency Guidelines and work with the landowners and appropriate jurisdictions to address these concerns. This information shall be included in the Annual Report to the Wildlife Agencies and the Permittees 30 The CVCC shall ensure that the mesquite hummocks Natural Community will be subject to a "no net loss" requirement as described in Secuon 8.2 4 1 of the Plan. The CVCC shall ensure that all no net loss requirements are implemented within 10 years of impacts, including providing suitable or potential habitat for Covered Species if such habitat is affected or lost due to Covered Activities 7 nn CVh4SHCP E\hibn A. Mzv 9, 2008 -- (7) 0U0®Q9 31, CVCC shall conduct a Joint Project Review for proposed single family homes in the 9:1 T areas to identify applicable measures needed to meet Conservation Area and Covered Species Goals and Objectives of the Plan. Should a Conservation Easement be obtained over a parcel or a portion of a parcel in the 9 1 areas, CVCC shall condition the acceptance of any easement to meet the Site Planning Standards described under Required Measure 3 of the Plan (with the exception of the first four sentences of Site Planning Standard 2). 32. The CVCC, after.coordination with its Implementation Manual Subcommittee,:shall provide-the Implementation'Manual for review and concurrence by the Wildlife Agencies prior to its finalization and distribution to'the Permittees. 33, The CVCC shall work with the appropriate Permittees to implement the Trails Plan and the conditionally compatible uses identified in Section 7 3.4 of the Plan, consistent with Section 132 (A) of the IA 34. Should CDFG, Service, or BLM be unable to provide funds or personnel to the bighorn sheep monitoring program as described in the Plan, the CVCC shall ensure that the population level monitoring identified as necessary in Section 7.3.32.1 Element 3, including the hiring of qualified personnel, is conducted and is consistent with the budget as described in Section 8.8 3 of the Plan. Any changes in the scope, extent or frequency of this monitoring shall be developed jointly among the CVCC and the Wildlife Agencies. 35. In coordination with the Wildlife Agencies, all capture and handling of bighorn sheep shall be conducted in accordance with State of California regulations and applicable Federal permit requirements This Permit does not authorize the Permittees or their agents to capture or handle bighorn sheep. 36, Consistent with section 7.3.3.2, if a ewe group or subgroup of bighorn sheep, drops below 15, the CVCC shall convene a meeting of the Trails Management Subcommittee, RMUC, and appropriate researchers within 30 days of notification by CDFG or Service of the population estimate. The group shall review data and develop management actions to address further declines in adult female abundance The RMOC shall forward a recommendation within 30 days of the initial meeting to the CVCC for a deciwQn so that implementation of appropriate management actions can commence within the following 30 days consistent with State and Federal regulations If the population estimate indicates that a ewe group has 5 or fewer adult females, immediate action to close as described in Section 7 3 3.2 of the Plan shall be taken within 3 days Concurrent with that action, CVCC shall initiate the process described above to identify long-term management action to address this condition. 37 Development of the Request for Proposals (RFP) for trails research and selection of contractors shall be by qualified representatives from the Wildlife Agencies, CVCC, BLM, and outside objective reviewers The Service, CDFG, CVCC, and BLM shall be limited to one member each, and three outside reviewers shall be chosen by the consensus of the agency representatives The seven-member group must reach agreement on the selection of the research design and contractor(s) to conduct research on the effects of recreational trail use on bighorn sheep. The above group shall (1) oversee implementation of the research program in coordination with the RMUC for the Santa Rosa and San Jacinio Mountains Conservation Area and the Trails Management Subcommittee, (2) provide advice and guidance on issues that arise during the field phase of the research, and (3) provide review of draft reports and articles The selected researcher shall provide the review panel with semi-annual oral/written reports C\/M1SHC'. Exhibit A.Mu} 9.2009 0 hY 47 i' 38. If"the^portion:otihe prop'psed.Palm,'Desertto.La.Qu'into'`"Conriecto'r,Tra'il'.between'-the Visitor,,C'enter and`the'L,i,ino'.Des'ert is pursued, it shall be reviewed jointly by the CVCC and Wildlife Agencies after the trails research program on the effects of recreational trail use on wild sheep and additional research evaluating the effects of the Connector Trail on captive sheep located at the Bighorn Institute are completed. Research evaluating the effects of the Connector Trail on captive sheep located at the Bighorn Institute is required for construction of the Connector Trail to be considered a Covered Activity. The research program evaluating the effects of the Connector Trail on captive bighorn sheep shall be conducted subsequent to the research program involving wild sheep. Research on the captive sheep is contingent upon obtaining the full cooperation of the Bighorn Institute. 39. Following completion of the trails research program, construction of the proposed perimeter trails listed under the Trails Plan could occur if research results demonstrate that expected future recreational use of these proposed trails is not likely to adversely impact the health, demography, population sustainability, and population connectivity of Peninsular bighorn sheep. 40. Any new trail within the perimeter trail corridor running along the east side of the Santa Rosa Wilderness from Coral Mountain Regional Park to Martinez Canyon shall be limited to the identified trail corridor. Any new trail branching from this identified corridor that would enter bighorn sheep habitat would require a Minor Amendment requiring Wildlife Agency concurrence as described in Section 6.12 3 of the Plan. 41. The Trails Management Subcommittee shall evaluate and prioritize for decommissioning, all trails, paths, routes, or ways on Reserve Lands within the Santa Rosa and San Jacinto Mountains Conservation Area not specifically authorized in the Trails Plan within 5 years of Permit issuance State and Federal regulatory processes must be completed and a final decision about trails to be decommissioned will be made by year 10 as part of the Trails Plan Trails not currently authorized that are being considered for inclusion in the Trails Plan shall be treated the same as proposed new trails requiring the Minor Amendment process for authorization. All trails, paths, routes, or ways not given authorization under the Minor Amendment process shall be decommissioned and removed by the CVCC or appropriate Permittee in coordination with the land owner and the affected state and federal land management agencies no later than Plan Year 15, All unauthorized trails, routes, paths, or ways on lands acquired post Permit issuance shall be decommissioned within 3 years of parcel acquisition or detection of any unauthorized trails/paths/routes/ways. Should these timeframes not be met, the CVCC and the Wildlife Agencies shall meet to determine appropriate actions Should any trails be illegally created between permit issuance and the decommissioning of trails, the CVCC shall coordinate with the Permittees and the appropriate state and federal land management agencies to assure removal of the trail 42, ' Upon completion of the trails research program described in Element 2 of the proposed Trails Plan (Section 7.3.3.2), the Trails Management Subcommittee, RMUC, and RMOC shall develop a trails management plan to be implemented by Plan Year 10. Should these timeframes not be met, the CVCC and the Wildlife Agencies shall meet to determine appropriate actions. The revised public use and trails management plan shall be based on results from the research program (Element 2 of the Trails Plan) and the best available science, in addition to professional judgment and wildlife conservation principles where study results are less than definitive. Implementation of the public use and trails management plan shall be subject to the review and 9 CVNQSHCI'.Exhibit A,May J,2008 30 ® � ✓� approval bythe",RMOC;Ildfiiwhich'the_Wild life,Agencies,aremerribersIShe lunanimous clecision'ho''t be�obt_ained3a decision s`hall`b'e'madek''a''3 person cdmmittee of representatives from'the,tw,o'.Wildlife Agencies;,and�one,from hhe CVCC. 43. For the parcels shown in Figure 4-26e (1, 2, 3, and 4) of the Plan, the HANS process shall be applied prior to Joint Project Review Process. Criteria for the HANS Process shall be developed by the Wildlife Agencies and CVCC in consultations with the affected Permittees within 6 months of Permit issuance incorporating an analysis regarding known core use areas, home ranges, water sources, escape terrain, lambing and rearing habitat, seasonally important foraging areas, or movement/dispersal zones that shall be completed to minimize adverse effects to these resources. These criteria shall be Included in the Implementation Manual In the interim, prior to the adoption of these criteria, CVCC shall jointly analyze projects with the affected Permittees and the Wildlife Agencies. 44, In Peninsular bighorn sheep habitat, the CVCC shall assist Permittees to identify adopted policies or other options to locate and/or consolidate future development within Conservation Areas adjacent to existing development areas. Options Identified shall be considered during the HANS and Joint Project Review Process. These options may include but are not limited to Transfers of Development Rights, Purchases of Development Rights, and Conservation Easements in order to provide for consolidation of development to ensure large intact blocks of bighorn sheep habitat. CVCC shall facilitate efforts across jurisdictions to maximize conservation of sheep habitat. This shall be an ongoing effort by the CVCC and the affected Permittees to meet the species conservation goals and objectives for bighorn sheep, Analysis to be used for these options shall include the following: bighorn sheep home ranges, core use areas, movement and dispersal zones, changing environmental conditions, and essential resources, including escape terrain, foraging areas, lambing and rearing habitat, habitat connectivity, water sources, and space for population expansion 45 The Service shall participate fully in the RMUC for the Santa Rosa and San Jacinto Mountains, Snow CreekNVindy Point, and Cabazon Conservation Areas regarding discussions and recommendations that could affect bighorn sheep 46. All monitoring and reporting for this Permit shall be in compliance with the Plan, IA, and the Special Permit Terms and Conditions. Annual reports are due no later than March 30, beginning in 2009 and ending in 2084. Copies of all reports shall be submitted to the Service's Field Supervisor, Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Carlsbad, California 92011, and to the Regional Director, Region 8, 2800 Cottage Way, Room VV2606, Sacramento, California 95825-1846 COUNTY 47. In T4S R6E Section 8 in the Thousand Palms Conservation Area, the Site Planning Standards described under Required Measure 3 of the Plan, also shall apply to lands with a Light Industrial general plan land use designation (with the exception of the first two sentences of Site Planning Standard 2) 10 CVMSkP Exhibit A. May 9,?008 Vf4 rA� � CITY OF PALM SPRINGS i' The following two conditions have been reviewed and approved by the City of Palm Spnngs. 48 Any future project that occurs in the Palm Hills Special Provisions area, including access from East Palm Canyon Drive and internal circulation, shall comply with the Plan, IA, Permit and Special Permit Terms and Conditions and will be considered a Covered Activity. All mitigation identified in the Plan regarding the Palm Hills project is retained as part of the conservation commitment in the Plan. The applicable Permittee shall ensure that all portions of the project, including any golf course or portions of the golf course, will be located north of Eagle Canyon and no closer than one quarter mile to the water source located in Eagle Canyon (Section 31 T4S R4E) The extension of any road across or south of Eagle Canyon and any improvements to and/or the maintenance of the Dunn Road are not Covered Activities under the Plan and shall not be considered as a Minor Amendment. 49 To be a Covered Activity under the Plan, development in Chino Canyon [Special Provision 2 (g)]) shall include the following measures a. The overall footprint of the Project shall not exceed 288 acres and shall conform to the "development area" depicted in Figure 4-26(e)(1)(A) [See also BO Figure 1]. b Establish conservation easements in form substantially similar to the Model Conservation Easement, (as that form may be amended) over specific lands identified on Figure [#TBD Reference BO Figure 1] to create a PBS wildlife corridor across Chino Canyon. Corridor will include constructed escape terrain to facilitate PBS movement as described in [s] below. Easements must be implemented before grading permits may be issued for the Project If easements not obtained in time, line demarcating take authorization will revert to original reasonable and prudent alternative location Figure [TBD# reference BO Figure 11 c. Prior to issuance of grading permits for the Project, all land in Sections 5, 8, and 9 owned by the City of Palm Springs and/or the City of Palm Springs' Parks, Open Space, and Trails (POST) fund as of October 22, 2005, including the land in the Mountain Falls area lease, must be permanently protected for PBS conservation purposes through a conservation easement to the CVCC, in a form substantially similar to the Model Conservation Easement, as that form may be amended, that guarantees conservation in perpetuity and precludes the possibility of constructing golf courses, new trails, or other facilities. d At the north and south ends of the wildlife corridor, the Applicant shall install artificial water sources for the PBS, with the design to be reviewed and approved by the Service. a The Project proponent shall work with the appropriate entities to design and implement a transportation plan that establishes a shuttle service for the Tramway The transportation plan shall be reviewed and approved by the Permittee, who shall provide the Service an opportunity to comment. The Project shall have the obligation to minimize traffic on Tramway Road. 11 CVA4$1IC11 Exhibit A.Ivla� 9. 1008 0 32 f. The security gates for the proposed Project on Tramway Road shall be installed outside and downslope of the Wildlife Corridor Currently, the Winter Park Authority y closes the existing security gate to the Palm Springs Aerial Tramway facility (tram) near Highway 111 at 10 p.m each night to prevent unauthorized use of Tramway Road The Project proponent has agreed with the Winter Park Authority that the guard at the Project site entry gate shall move down to the tram gate at 10 p.m. to control road access The guard shall return to the Project gate when the Tramway Road reopens at 6 a.m daily. The Project proponent shall build a gatehouse to provide shelter for the guard at that location. No other gates are contemplated. g A vegetation management plan for the riparian area in the wildlife movement corridor, depicted in Figure 4-26e(1)A [Add location per Figure 2 of the SO) on Shadowrock land and on the land described in (1)c must be developed by the Project proponent, in cooperation with the City of Palm Springs, and approved by the Wildlife Agencies prior to issuance of grading permits The vegetation management plan shall include the modification of riparian habitat, and the small cliff along the edge of the riparian area may be modified, to facilitate sheep movement across the corridor h The planting of toxic plants, such as oleander, nightshade species, and various Prunus sp., shall be prohibited within the proposed Project boundaries in perpetuity. Landscaping crews shall be trained in identifying these plants and shall remove them upon sighting. I. Any artificial water features associated with the proposed Project shall be designed to preclude shallow, vegetated edges that provide breeding habitat for Culicoides midges, an invertebrate disease vector for the bluetongue virus, a disease of bighorn sheep This requirement applies for the life of the Project. j. The entire developed portion of the Project site shall be fenced and maintained in perpetuity to preclude PBS access to the development area. The fence shall be 8 feet high from its footings and shall not contain gaps larger than 4 inches so as to prevent entanglement of bighorn sheep. In addition, berms or vegetative hedges shall be established along the entire length of the Wildlife Corridor to preclude the visibility of activities on the project site to PBS, unless the Service determines this to be detrimental to the sheep. The fence shall extend easterly along both sides of Tramway Road for a distance of about 300 feet where the road intersects the Wildlife Corridor, to partially wrap around the project site. The final fence plan. and any exceptions to the specified installation or location, shall be reviewed and approved by the Service within thirty days of submission. k The Project proponent shall establish an escrow fund in the amount of S500,000 at the commencement of project vertical construction to be used for listed species conservation purposes to be determined by the Service. I. The Project proponent shall ensure that 1 percent of the gross proceeds from the sale of all retail goods within the hotel stores at the Project be deposited annually into an interest-bearing account, with an entity to be determined by the Service, for the life of the Project. these funds shall be used for listed species conservation purposes at the sole discretion of the Service The Service will have sole discretion over these funds and a written legal instrument shall be provided to assure this In the event a hotel is not built, one percent of the total building valuation (computed using the latest building valuation determined in the manner provided in PSMC Sec 3.37 070(d) as may be amended from time to time) of the Project shall be deposited in an interest bearing account for the purposes described above prior to the issuance of occupancy for each phase of the Project as approved by the Permittee CVMSHCP Exhibit A.May 9-100S 0 m. The Project Proponent shall collect and disperse at the direction of the Service y' all funds generated from all project-related sources from the Project for listed species conservation purposes. The contract shall require that the Project Proponent, and any successors and assigns, provide the specified services herein in perpetuity. The Project Proponent shall manage the account free of charge as described in a Memorandum of Agreement between the Project Proponent and the Service. n. No mass grading shall occur within 100 feet of the Chino Creek riparian area from March 15 through September 15 within the Project site. For any construction work performed within the area specified in this paragraph during the period of March 15 through September 15 of a given year, the Project proponent shall install sound attenuation devices or implement measures, so as to minimize noise impacts on the LBV by reducing sound levels below 60 dB o Any Project fill material to be Imported shall only come from off-site borrow areas permitted by local, State and Federal governmental agencies. The Project proponent shall notify the Service as to where and when fill material will be obtained prior to importation, so that the Service can determine whether listed species could be adversely affected and any incidental take has been properly authorized. p. If new water wells are developed by the Project proponent on the site, they shall comply with the restrictions established by the Permittee The restrictions require that wells, if any, be located at least 5,000 feet downhill from the cienega west of the Project site. q No vertical construction activities or facilities shall occur within a minimum 100- foot setback from the Chino Creek riparian corridor within the Project site r. No rock crushing shall take place within 500 feet of the Chino Creek riparian area on the Project site s A biological resources monitor shall be onsite during construction of the Project The duties of the biological resources monitor shall include, but are not limited to conducting desert tortoise clearance surveys per the Service's protocol; directing where to install temporary fencing that avoids sensitive areas such as the riparian habitat; and conducting an education program for the construction crew regarding sensitive habitat and listed species. The monitor shall have the authority to slop construction activities, if necessary, to ensure compliance with any of the conservation measures discussed herein. t. A special lighting system shall be installed within the Project site to ensure to the extent feasible, that light does not "spill over" Into the Chino Creek riparian area, PBS habitat, and other natural habitats surrounding the site. The lighting system shall include low-set lighting and shields that prevent artificial light sources from shining directly into natural habitat areas to minimize disturbance to and vulnerability of listed species to increased predation. Any golf driving range shall be limited to use during daytime hours only with no lights installed for night-time usage. u. No construction-related activities, involving blasting and/or use of equipment that produces noises or sounds louder than that produced by a D9 tractor shall occur between January 1 through June 30 of any year, to address, in part, the adverse impacts of construction during the PBS lambing season v The Permittee shall work with the Mt San Jacinto Winter Park Authority and the Service to reduce potential sheep mortality due to collisions with vehicles along Tramway Road and to enhance the currently reduced movement corridor for PBS across Chino Canyon, which is restricted due to current and Project-related traffic 13 CVMSI-IC1' Inhibit A.Max 9.2008 levels To the extent that a hotel is constructed on site, the Project proponent shall —, establish a shuttle service that ferries people from the Project site to the tram for the life of the Project The speed of the traffic on the road shall be limited to 25 miles per hour and signs shall be posted reminding drivers of the presence of PBS in the area for the life of the Project Within the wildlife corridor, traffic speeds shall be limited to 5 mph for the life of the Project In addition, the area where people are picked up and dropped off shall be consolidated in the immediate vicinity of the tram The Project proponent shall enter into a legally enforceable agreement with the Desert Water Agency, Mount San Jacinto Winter Park Authority, Service, and any other necessary parties, which includes construction and operation of a gate system that effectively prohibits all human access along Tramway Road within the designated movement corridor, other than for operation and maintenance of the Palm Springs Aerial Tramway and Tramway Road, and for access to all landowners within and uphill of the designated movement corridor that require access to their properties, including the California Department of Parks and Recreation, California Department of Fish and Game, U.S. Forest Service, and BLM. The Project proponent shall also enter into an agreement with the Tram Authority, and any other affected parties to establish a coordinated shuttle system for all recreational visitors to the tramway that minimizes traffic through the wildlife corridor w. An education program, to be reviewed and approved by the Service, shall be developed and implemented for clients and residents of the Project for the life of the Project that provides information on the status, sensitivity, and conservation needs of the bighorn sheep x. The Permittee/Project proponent shall not object to uses such as the construction of road improvements to avoid and minimize adverse effects on PBS caused by traffic, an overpass for sheep usage, sheep augmentation within the San Jacinto Mountain range or other uses determined by the Service. The escrow holder shall be instructed by the Permittee/Project proponent to release the escrowed funds to a 501(c)(3) charity as designated by the Service upon the issuance of a Certificate of Occupancy for the first residential dwelling unit constructed on the Project y Rocks 30" and above will be stockpiled within the wildlife corridor to create constructed escape terrain as directed by the Service. After evaluation, if the constructed escape terrain is determined, based on scientific data that will be made available to the Permittee and Project Proponent, to be unsuccessful or detrimental to the corridor, the Project Proponent shall be responsible for removal of the rocks and restoration of the area z Permittee may reasonably require Project Proponent to implement additional measures to facilitate sheep movement through or around the project to ensure continued connectivity should sheep not use the wildlife corridor. aa. The development of the Project shall be located solely within the Development Area depicted on Figure 4-26e(1)(A) (excluding required access and off-site infrastructure improvements) or such smaller area therein as the City requires pursuant to the City's adopted plans and policies or as the City determines is necessary or appropriate to accommodate sheep movement as provided in Item u above. i 14 CVMSHCP E\hihn A. May 9. 2008 ;35 G��� EXHIBIT B: MSHCP PERMIT CONDITIONS RELATED TO TRAILS PLAN The changes shown below in underline/strikeout to three permit conditions related to trails are changes requested by the Desert Trails Coalition which have been agreed to by USFWS' 36 Consistent with section 7 3.3 2, if a ewe group or subgroup of bighorn sheep (as identified in Tables 7-12 and 7-13 of the Plan), drops below 15, the CVCC shall convene a meeting of the Trails Management Subcommittee, RMUC, and appropriate researchers within 30 days of notification by CDFG or Service of the population estimate. The group shall review data and develop management actions to address further declines in adult female abundance. The RMOC shall forward a recommendation within 30 days of the initial meeting to the CVCC for a decision so that implementation of appropriate management actions can commence within the following 30 days consistent with State and Federal regulations. If the population estimate indicates that a ewe group has 5 or fewer adult females, immediate management action (including but not limited to trail rerouting, adjustments in use levels enforcement actions and/or trail closures) to the decline and/or reduce potential stress to the sheep population as described in Section 7.3.3.2 of the Plan shall be taken within 3 days Concurrent with env thiat action taken, CVCC shall Initiate the process described above to identify long-term management action to address this condition 37 Development of the Request for Proposals (RRFP) for trails research and selection of contractors shall be by qualified representatives from the Wildlife Agencies, CVCC, BLM, and outside objective reviewers. The Service, CDFG, CVCC, and BLM shall be limited to one member each, and three outside reviewers shall be chosen by the consensus of the agency representatives. The three outside reviewers will have demonstrated experience in fields related to the RFP. One of the reviewers shall be chosen from Coachella Valley trail users, if the research Is specific to recreation The seven-member group must reach agreement on the selection of the research design and contractor(s) to conduct research on the effects of recreational trail use on bighorn sheep The above GGFR, rttee group shall (1) oversee implementation of the research program In coordination with the RMUC for the Santa Rosa and San Jacinto Mountains Conservation Area and the Trails Management Subcommittee, (2) provide advice and guidance on issues that arise during the field phase of the research, and (3) provide review of draft reports and articles The selected researcher shall provide the review panel with semi-annual oral/written reports. 42 Upon completion of the trails research program described in Element 2 of the proposed Trails Plan (Section 7.3.3.2), the Trails Management Subcommittee, RMUC, and RMOC shall develop a trails management plan to be implemented by Plan Year 10 Should these iimeframes not be met, the CVCC and the Wildlife Agencies shall meet to determine appropriate actions The revised public use and trails management plan shall be based on results from the research program (Element 2 of the Trails Plan) abundance levels of bighorn sheep and the best available science, in addition to professional judgment and wildlife conservation principles where study results are less than definitive Implementation of the public use and trails management plan for the portions of trails on non-federal land shall be subject to the review and approval by the RMCC of which the Wildlife Agencies are members Should a unanimous decision not be obtained a decision shall be made by a 3-Person committee of representatives from the two Wildlife Agencies and one from the CVCC 1 CVMSI-ICP: 6khibit B. h1ly 9,2006 ;) 0 O � � i�