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HomeMy WebLinkAbout04284A - RESCINDED BY 4366 FRINGE TOED LIZARD CVAG MOU WAG/CDFG/FWS/GNLM _ ringe-Toed Lizards MoU AGREEMENT #4284-A M06730, 10-4-00 October 4, 2000 MEMORANDUM OF UNDERSTANDING Between THE CITIES OF CATHEDRAL CITY, COACHELLA, DESERT HOT SPRINGS, INDIAN WELLS, INDIO, LA QUINTA, PALM DESERT, PALM SPRINGS, AND RANCHO MIRAGE; THE COUNTY OF RIVERSIDE; THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS; THE CALIFORNIA DEPARTMENT OF FISH AND GAME; THE U.S. FISH AND WILDLIFE SERVICE; AND CENTER FOR NATURAL LANDS MANAGEMENT Regarding MEASURES TO MINIMIZE AND MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD I. PURPOSE: The Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, Rancho Mirage, all municipal corporations of the State of California ("Cities"); the County of Riverside, a political subdivision of the State of California ("County"); the Coachella Valley Association of Governments ("CVAG"); the California Department of Fish and Game ("CDFG"), a subdivision of the California Resources Agency; the U. S. Fish and Wildlife Service ("FWS"); and Center for Natural Lands Management ("CNLM"), collectively referred to as "the Parties", enter into this Memorandum of Understanding ("MOU") for the purpose of conserving the sand corridors to maintain the integrity for two of the three reserves established in the Coachella Valley Fringe-Toed Lizard ("CVFTL") Habitat Conservation h':ar. (F;CP), and to ensure such activities comply with both the federal Endangered Species Act, 16 U.S.C.§1531 et seq., as amended ("ESA"), and the California Endangered Species Act, Fish and Game Code §2050 et seq., as amended ("CESA"). IL AUTHORITY: [optional section; each parry to provide statement if it is included] CDFG enters this MOU under authority of CESA and Fish and Game Code §1802 and §2081 . FWS enters this MOU under authority of the Endangered Species Act. 16 U.S.C. 1531, et seq., and the Fish and Wildlife Coordination Act, 16 U.S.C. 661-666c, and Fish and Wildlife Act of 1956, 16 U.S.C. 742(f) et seq. Page 1 III. RECITALS: A. WHEREAS the Cities, County, CVAG, CDFG, FWS and The Nature Conservancy (TNC) cooperated in the preparation of the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan ("HCP"), which was implemented through an agreement signed by the Cities, County, FWS, and TNC on April 21 , 1986 ("HCP Agreement"); B. WHEREAS the HCP and HCP Agreement provided for the acquisition and protection of important habitat lands for CVFTL, and provided that acquisition be funded primarily through a mitigation fee, initially set at $600 an acre and later dropping to $100 an acre, to be collected from landowners who obtain grading or building permits from the Cities or County; C. WHEREAS the FWS issued an ESA section 10(a) incidental take permit ("Permit') to the Cities and County to authorize take of CVFTL resulting from land development and other activities covered by the HCP; D. WHEREAS CDFG did not sign the HCP or authorize incidental take of CVFTL associated with the HCP because a permitting process had not been established under CESA at the time the HCP was developed, but CDFG nonetheless participated in implementation of the HCP; E. WHEREAS the California Department of Fish and Game and the U. S. Fish and Wildlife Service have previously issued letters in regard to certain projects expressing concern relative to Fringe-toed Lizard habitat issues concurrent with the execution of the Memorandum of Understanding, DFG shall provide letters to CVAG jurisdictions that no additional permits are required for take of FTL. F. WHEREAS the HCP and the Implementing Agreement were amended whereby CNLM assumed the obligations of management from TNC. G. WHEREAS the HCP and the Implementing Agreement were amended on September 1 , 1998, to permit the use of mitigation fees and other available funds to acquire high priority sand source and corridor lands within the blowsand ecosystem outside the boundaries of the Coachella Valley Preserve and the Willow Hole/Edom Hill Reserve necessary to maintain suitable habitat for the Coachella Valley Fringe-toed lizard. Page 2 H. WHEREAS the Parties have concluded that the HCP may not protect the supply of sand through sand source and transport areas that are essential to maintain habitat for the CVFTL on two of the three preserves established by the HCP, and may not provide sufficient funding for acquisitions to protect these sand source and transport areas; I. WHEREAS the Cities, County and CVAG have been working with the FWS and CDFG to develop a new Multiple Species Habitat Conservation Plan ("MSHCP") for the Coachella Valley pursuant to ESA, CESA, and the Natural Community Conservation Planning Act, Fish and Game §2800 et seq. ("NCCP"); J. WHEREAS the Parties agree that the CVFTL can best be protected by inclusion of the species in the MSHCP, but desire that certain measures be implemented on an interim basis through this MOU to protect the CVFTL until the MSHCP is in place; and K. WHEREAS the Parties intend this MOU to supplement and not supersede or amend the HCP and HCP Agreement. IV. THEREFORE, THE PARTIES AGREE TO THE FOLLOWING: A. MUTUAL OBLIGATIONS OF ALL THE PARTIES: 1 . The Parties agree that during the term of this MOU, the greatest priority for land acquisition shall be acquisition of parcels in Section 8, Township 4S, Range 6E; land along Ramon Road and land along Palm Drive that falls within the sand source and transport areas identified in the Coachella Valley Mountains Conservancy Memo dated June 29, 2000 (Exhibit A). Funds previously collected under the HCP or provided pursuant to the terms of this MOU may be used to purchase lands within these sand source and transport areas; land acquisitions in sand source and transport areas shall otherwise be made using the process described in the HCP and HCP Agreement. 2. The Cities, County, CVAG, FWS and CDFG shall diligently work to complete an MSHCP that provides for conservation of the CVFTL and other species. To that end, the Cities, County, CVAG, FWS and CDFG commit to present to their respective decision bodies the proposed MSHCP in a form sufficient for adoption by September 1, 2002. CVAG, CDFG and FWS Page 3 management shall meet every three months to assess the progress of MSHCP planning and address problems as they arise. B. OBLIGATIONS OF THE CITIES, COUNTY AND CVAG: 1 . During the term of this MOU, the Cities and County shall contribute a total of $2 million for land acquisitions within sand source and transport areas, as prioritized in Section IV.A.1 of this MOU. The $2 million may include any mitigation fees that the Cities and County generate during this period pursuant to the terms of the HCP. The CVAG jurisdiction signatories agree to reinstate the $600 per disturbed acre mitigation fee. It is agreed that to the extent the mitigation fees are insufficient to satisfy the $2 million contribution, the Cities and County may make up any shortfall through grants or donations they have received for this purpose, but in no event shall the cities or county be required to fund any portion of the contribution from their general funds. It is agreed that to the extent the mitigation fees are insufficient to satisfy the $2 million local contribution within the time period of this MOU, that the shortfall shall be remedied through loans or other sources. If money is borrowed for the shortfall, the mitigation fee will continue to be collected until such time as the loans are made whole. It is further specifically understood that under no circumstances does this MOU obligate the General fund of any signatory jurisdiction. 2. The County immediately shall adopt as development guidelines the standards in Exhibit B for land use development occurring within sand source and transport areas in Section 8, Township 4S, Range 6E.' The County shall also within 90 days of the effective date of this MOU, consistent with requirements of law, present for consideration adoption of land use ordinances generally consistent with Exhibit B to protect these areas. The County shall obtain the written concurrence of FWS and CDFG for any changes in the development standards set forth in Exhibit B during its review and adoption of land use ordinances for these areas. 3. The County and CVAG, together with Caltrans and Federal Highways Administration, shall mitigate all direct and indirect impacts on CVFTL from widening of Palm Drive through the 1 Refer to County Submittal to the Board of Supervisors dated August 14,2000(Attached as Exhibit B). Page 4 acquisition program described in this MOU, except that acquisitions for direct impacts of the widening project may not be funded with money provided by CDFG or FWS or FTL mitigation fees from any other state or federal funds. 4. The County shall subject the Palm Drive interchange project to the normal environmental review process. C. OBLIGATIONS OF FWS: 1 . During the term of this MOU, FWS shall contribute $1 million for land acquisitions within sand source and transport areas and within the CVFTL preserves, as prioritized in Section IV.A.1 . of this MOU, provided such funds are appropriated. 2. FWS agrees it will not suspend or revoke the Permit during the term of the MOU so long as the Parties comply with terms of the Permit, HCP, HCP Agreement and this MOU. All other terms of the permit, HCP and HCP Agreements shall remain in effect. D. OBLIGATIONS OF CDFG: 1 . During the term of this MOU, CDFG shall contribute $1 million for land acquisitions within sand source and transport areas and within the CVFTL preserves, as prioritized in Section IV.A.1 of this MOU, provided such funds are appropriated. 2. Within one week of execution of this MOU, CDFG will make a determination pursuant to Section 2080.1 of the Fish and Game Code as to whether the FWS Permit for the CVFTL in combination with the mitigation provided in this MOU is consistent with CESA. The determination may be conditioned on compliance by the Parties with the terms of this MOU. E. OBLIGATIONS OF CNLM: 1 . It is anticipated that CNLM shall hold funds provided under this MOU and use those funds to acquire land in the sand source and transport areas, as described in Section IV.A.1 of this MOU. V. TERM OF THE MOU This MOU shall take effect on the date last signed and shall expire on September 1, 2002 or upon issuance by FWS and CDFG of take authorizations for the MSHCP, Page 5 whichever first occurs. VI. CONDITIONS PRECEDENT The following actions are conditions precedent to this MOU and to performance by the Parties of other obligations under this MOU: A. CDFG's execution of a determination pursuant to Section 2080.1 of the Fish and Game Code finding that the Permit in combination with the mitigation provided in this MOU is consistent with CESA, and B. The County's adoption of development guidelines and land use ordinances as described in Section IV.B.2 of this MOU. VII. AMENDMENT This MOU may be amended with the written consent of each of the Parties to the MOU, except that the development standards in Exhibit B may be changed during the County's adoption of land use ordinances pursuant to Section IV.B.2 of this MOU provided the FWS and CDFG both provide their written consent to those changes. Vill. THE HCP AND HCP AGREEMENT The Parties intend this MOU to supplement provisions in the HCP and HCP Agreement, as amended, and this MOU does not amend or supersede provisions in the HCP and HCP Agreement. The Parties who signed the HCP Agreement specifically affirm that the HCP and HCP Agreement, as amended, shall remain in full force and effect. IX. ELECTED OFFICIALS NOT TO BENEFIT No member of or delegate to Congress shall be entitled to any share or part of this MOU, or to any benefit that may arise from it. X. AVAILABILITY OF FUNDS Implementation of this MOU by FWS is subject to the requirements of the Antideficiency Act and the availability of appropriated funds. Nothing in this MOU will be construed by the Parties to require the obligation, appropriation, or expenditure of any money from the U. S. Treasury. The parties acknowledge that FWS will not be required under this MOU to expend any appropriated funds unless and until an authorized official of the FWS affirmatively acts to commit to such expenditures as evidenced in writing. Implementation of this MOU by CDFG is subject to the Page 6 availability of appropriated funds and a commitment by an authorized CDFG official to expenditure of such appropriated funds. XI. DUPLICATE ORIGINALS This.MOU may be executed in any number of duplicate originals. A complete original of this MOU shall be maintained in the official records of each of the Parties. XII. THIRD PARTY BENEFICIARIES Without limiting the applicability of the rights granted to the public pursuant to the provisions of 16 U.S.C. section 1540(g) and under California law, this MOU shall not create any right or interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it authorize anyone not a party to this MOU to maintain a suit for personal injuries or property damages pursuant to the provisions of this MOU. The duties, obligations and responsibilities of the Parties to this MOU with respect to third Parties shall remain as imposed under existing Federal or California law. XIII. RELATIONSHIP TO ESA, CESA AND OTHER AUTHORITIES The terms of this MOU shall be governed by and construed in accordance with ESA, CESA, and other applicable laws. In particular, nothing in this MOU is intended to limit the authority of FWS to seek penalties or otherwise fulfill its responsibilities under ESA, or to limit the authority of CDFG to seek penalties or otherwise fulfill its responsibilities under CESA. Nothing in this MOU is intended to limit or diminish the legal obligations and responsibilities of FWS as an agency of the Federal government or of CDFG as an agency of the State of California. XIV. EXHIBITS The following exhibits are incorporated into this MOU as though set forth in full. Exhibit A Coachella Valley Mountains Conservancy Memo, June 29, 2000 Exhibit B Development Standards for Section 8, Township 4S, Range 6E XV. CONCURRENCE The Parties agree to the terms of this MOU and will each work diligently to ensure its successful implementation, as evidenced by signatures of their respective authorized representatives below. Page 7 DATED: CITY OF CATHEDRAL CITY ATTEST: By DATED: CITY OF COACHELLA ATTEST: By DATED: CITY OF DESERT HOT SPRINGS ATTEST: By DATED: CITY OF INDIAN WELLS ATTEST: By Page 8 DATED: CITY OF INDIO ATTEST: By DATED: CITY OF LA QUINTA ATTEST: By DATED: CITY OF PALM DESERT ATTEST: By DATED'N�-11--, ,;l,`ll. tg c a CITY OF PALM SPRINGS ATTEST: By --City Clerk Mayor APMR(Offli E0 DFV 7HV- CoTFV e,(5UWQ1L a,d) a` tip ` DATED: CITY OF RANCHO MIRAGE ATTEST: By Page 9 DATED: COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ATTEST: By DATED: COUNTY OF RIVERSIDE ATTEST: By DATED: CALIFORNIA DEPARTMENT OF FISH AND GAME ATTEST: By DATED: U. S. FISH AND WILDLIFE SERVICE ATTEST: By Page 10 ^ • • Jun. _2i_2e22 29:P.�,^••i P? FFF.rt 6j t,,ZLN alb CLA ten' PF+a� h`0 sag 7os �51 EXHIBIT A Priorcty A.cquisifions in the Sand Source Areas, ftn d Fsfimafed Costs and Funding Sources Coacticits Ys�zyl'rzservc(-Lt:ouaand Eslm31 Thearc2Sofbi 'stcoaccn arc StcRonSan3Pemac1�'� Sccaon S has been ireviously subdivided into lots ranging in Si-from aFgroximat ty 25 ecresw10ecr-z.An=bf o£Sing?oFasulyFZesiden es'(SFRs)havcbccrt d in 5wtion 8 along Viaias Palmas and Vista Del Sal over The ycer.Iti-x typi hotovrrs to caosz=t a ftn=or windbrdsiEta Stop the maYcrRcaL oEs3nd onto the prop? . The wiidliE.rgnmies Era eanccmod thrs a camlim=:Hon of dlis_trcrn of devrlapxn espxiall} alotis Yya I v Pat as could disxngt tn'send tl?wI°tZss sod impzr{the 1D tunz z iabi li ty of tar C VFIL Ptcsecve.&Z th^]As twv years,tv p to thrcc pits have btenissucd or f ppli93 Ro;m this mm f'or SFR-t- . . P.zmon Road is rra enly tiz-nugb rv9.d In tfr_s:ad saLxcciccansP��a-a�d�x sign'BezntcorL=.Gtarh^tr/=o I-10 and WasYmgmm'S re_texdTho knadlfh'tlonRoa3-the portion of RZ=Qn J" a -' •s:CIE ehe Sind soux F4ztaztais alrepay devalopc&A wrrJau3zioa of that pax�u sloes Rsmns Road stl the send eourcelb nspotare`cmuld &--t: prfun r..ndtarcatantheIonst_.rm viebiliryofsncCYMPreserve. Thee�ran:wringisprc&mim-'tly�Iula leis y P.siEz=rW,withCc-mnuclal -at ta'irrt~rs:ciarzofFFmoa Roadzndti.cpotcudel CXC:IlSlo7s a°C�Se School FZo2d There 1-ss bGII ao tee-cot d.�vdEop,�.e�sca-+ztyatanS RsmonRoad,and here sho=t-t�m tbrezt i5 p�otsabZy rotsiR.iRtcaac Tli°d.�velo�a� ecort=y in to vrltey ha<,kcv+-.cr,h- s-d> ul tl iQst yea,and atmFnbcr of gstn=ls along Fe=nRcSd erc forsafc.Thfs rases concerns tat davelopment Press lres and land values may rise sigam' Q=tly rates:ner :R=e,m�irig it imFo:�a.taytrue scguisiti4ns now. III SCCtza'a 8,Ll'ic.:- arc 12() 4t ji3!CCIS 1B tB—53-^ll S'J tIIG".��-+�'k"'Li 2.''z={L{:,• 4S'�SYf the pow=iir=corridor),ran&Z in size from 0.03 acres m 19.42 and,. oftncsd 120 vast parO4.%28 rse smallzr fuser Z8 arcs fr.sizes 45 sze brtc.:--a 2.q znd 3.99-eora34L sip;�1 ere bctw=4.0 cad 5.99 iz siz=;end 6 axe gruffer tb:m 9.0 2aes in size_The amdhcd=P shovr,th=c gtopertics.Bzsc3 on fapat from VSF WS and CDFG, 1 i penxks it sarioa 8 r=iviedcd•iath--fir.appraisal.TFss apPraisel,af=a lcn thy re vicw�s by tae CTIIld.Iife C,onsccva'lian$aatd(RIGS)aril�Deperanba o£ ' Gatntal Services(I3G5),is now being updated to rCflect rcc 1C Sates in tha area The ixpdatr-wM be mmple rd in Augus;tndv iU tbda tmcl.-rgo rcvi--.iby WCB Pad D GS.After that m iew is carripleted,WCB ma=I=oI'rtl,to the Iandatvm .s to p�-eb♦se az t¢e apF rLscd vzln�Based on iopa, from l7Sr-IT1S s=d CT7E .$0 Parce1s is Section 8 sre slated to be appraised in the s==d 8uptziSal,dc�t0 bz.ea=pletz izI ' ply.R Be(�•e this apgrdisal is bcgarb WC$is scr3ing a ice+:w all ene 1sBdo�t4 dttrR.,;n -vPnoxzcrtstohsvtthcirprop�ryagpsixd.TE�sz'�odoatv>anthcinc3ud� in theapPreusal.This ngFrais4 wM also n=ato be sevi�wcd by t31C$sari DCrS.In aIt liL--Hhood. en,WC2 will not be rble to aid OM ofer ro porch s-lemm L.min r oti•cr nn r, 6ru Am S21IH33d 7d531 9'� Fes{ CN fla-NTASr,S Cr 'VY'L•:y • f? :y'c NJ. gd"� 7aS �1 • Sun. -2a- -3 B9 0?P.7 P_ Scptmber. The ot>zcr entitirs-rich acqu 6Em funds,tao CoAK�hc;u Vehey Mountains . C-onscrzncy, Cenur �rNscurd] Lsrds ._ ��men;and Friends a.`The D;serc .Mountains,will utilize the Same,sppraiszls sad must ZI�O vah until tncy hsva thsen updstcd btfarc muting offers to ptuehsse. Alt of th=e aa;iti=s and WC-B viU eoord rate closely on winch snot'buys which parcels. Note:it is esswneAt ntthc 61 p mels in Sccaan 8 th c USFWS and CD;•G ILa c pmviausly indi=nza r-=their Fdarmcs for i-lusicn in zbe Q,ppcaLsals rzpr=sates t� agc'ncics pri anti cs fox acgaisidon. Along RaaOn ROZA thU�zSY 27 PUCCI5 "'t aYC 8 YiOCCi] TO T CQt11rC in LliC 52rSd sottrcel¢a.asport a:rz In many inSF�tes,psrccLs elong Rzmo�Ror_d sr_•part of larger hol3iags by the same owner.It may o$:a�aP.��;-y to ptuchas:¢Or:tnsa jt:stthc parcels eloctg Ramon Roza beld by a given exner. the parmIs s1o3 Raman Rand snags in size from 10 zaes to 53.16 rcrs. Table I id.-.ntifia for 58 parcels in S=jum 8 and FI1 rue wi hlm."' 40,ug RsmonRond. where the sartu 07,ner has o.h t perm;these.e_-,sAown separably. v yluaw Ralf:prcl-r a The P�;iorrcy arcs is Palm Dnvc.If 3eveler—z nS is going to occur ii'F.is 7-ma,it V`m scazc along Pelm thiv-_beeaus'-of aoees, rsd fro nr g^_on a sicc:mjecant real To eozrzol Pew D iw b,_- coa V=c7rRoad P.nd appmxiaa�ly 19f-'.A.vcnuc is to casual tic esxtiDa r _-a�Fos rho proposed RCP errreadmcm pg9od,tht e3glr`pztta&atorug Palm Drive in this area are the priority for acqul:ddorr fable 2 idccd@cs thew wands. The iszursizr this Brea is th-_Ir-k ofa fctrrding souroe at p=c t-The 1993 Arnea3tt m to the CvFTL ACT pranits 'the use of mmgzdoa fees s nd mllz=fivyeZ Zo fastds to acgtsim high priority sandsaurrz mid corridorland;witlis the blol. as etiosysravof-'rid=fm--- bcnmduins ofth;Cea liellsValleyprtscnta,_2 Willownolortao=_LMIRA5crkv n,-�-­ ary m mRi Troia stticablc habitzt forLh^FZL:'It i�therefore,ran *•^:,�cr1 that, P=SmmtoS=donRz.Offr Asu Imont,the Scrr==clzh--Cvu=yptovld-.wrictcn €pgroval for rho use ct=i igaaaa fee fwdsto zcqufm farads along P4;a D:ivc.To ogtimi�the tiro eF funds at this tirx,cvnsid:tatia¢should lsC gM..D.tv putsui:�g vptiC�s to p=a=c shares g uccls to allow mor•rim:w fmd funds fnr act;tasidcm It is also rr.arczmsstd_d t er Bay aap9shion efforts be coordizut a with a pateI'aI HIM land exchmEze IbAt coulaalsa lead to tfit acquisition ofpe3=15 el013gpzlmDrim Sum=nr-OF MgaitifiaaFriorives" As deliaexscd in TAblcs I =id 2,the total eacqu4_-Ezion pdorirics z-d est =-qCd C,=t iS: SI.479,950 for275.76=cdisSecdoa8 S226I,000.for36I.21 a-resainngRamor.IZaad 5 538 0 0 for 343.78 s�raa alongHalmDriw. • Sun, 22fl9 E3:0?r7'I pt Ff¢�M cu 1-0�1ItS CQv 765E 1 53�.79,000 fa:-97g.75 gcr25 Note toot{un3s cucrazdy aniC�I=(see below) e-.---sulfEcEe to BC4am EU fnis lath . T(Y{aliawsflg is.additioaal accrue that might t�ced Labe pucchas�itt.the short tcmi I7cC2LSe. %vhRe fn am c parcels are not 0-,IR2on Road a-not high piiaritics irk a¢d of th--=ielN'ns,theyareovrncdby the owa=rsof UKIoaRi=O;r,1o^dudmight aTzla- be bought in p3c>✓�c ct-��LS wlththnae owntrs.Itright,ho,aw�r, Txpassiblczo pcuc e • th.-so parcels in subscqucrrt ph=s�rather titzsi�vs'tag the tctm�f for gropos� nmcndmcutto$!e HCF. 53,fi71,900 for 866.23 a=s 1hts,inaonjunctionwiltthnPdorhyaogais'reonsd..ii vaoc'r th. c=cndy svOable f=ds by S2,'725,900. Cri r:n the lis,of nddc[t'onal�PocLal fit d ng sacr-.rs,itisno`-iuconc,:ivablethatthewedaHandfundscovldbac Wil�'Lthc nt=ycu but root Fun&AvaiL-ble foz Axq als=cioa S1.5 xeliio¢ scctiott6Coo �cF� <^� S eiesAet - 50.375 million WCB matching fund for show• SL5 mlllio= AddicioaalWC3matcrirg£cc3s $2.0 =''Illon CVFFL mitigation fees $0.5 nil ck''t Tf:A grantio CVMC 5025 snffl'a¢ CVMC grant to CNLM S0.1 rniUm NFwF grant to FODM 56.225 moon P.��4tlO�POCCCfRa7�Tn„�it1Q o � e CVM Tra62=dC=fe7s(=S500/z--=) X- Q 1 PxqpcsW=Is W(!S X=-Pra;=maa 12 funds Aiu1tt'ar.-I T�AgautCcc�d"S) mar Ct�cFrogr:m. - Bl'.3.5 cvvm-V&Itv;i FIoad Co:=1 pr j=z Nr--r',c-=4on DrAt Development Standards - Thousand L'alms Area Sectio Z3 Township 45 12snge 6E movement of sa¢dby both w 7 add con '�y '1°h Objective: Assure-the continucct the-ybousaad palms.Sand Source Area," 1 Development ve o e Ivlaxim�n size of the dsvelopment envelope pemlir-°d: Lot Sint v Oer4.-Acres 2 aei-es or less •2—4 Acres _ 12,000 squar�feel ��Size o f s,000is acre fee 8; 00 sqt»feat bus 2,/°.qf e lot Development plus5%ofthelot p Envelope Brea for each acre or area foreach acre�r potion thereof owr portion thereof over 2 acres 4 acres •W;th4n he development envelope: Th and'orieatadoa of the ddwrlopMeat envelope shall be desired to m, the impact to sand movement. A compact shape and orierrtanon tilt Minproduces the rs+;nimum vied shadspwwM be reg� • The height of my structure shall be limited to a maX7==o£2.f above existing gtadei or 18 feet above fiiiA grade whichever is less. • Fencing,landscapinj,and accessory structures shall be petmiLcd Witam the development 'envelape and shall otherwise be consistent with existing land us' and b,nldiiag Oatde odevelvoment eavela�g� All buildings and auxssory structures shall not bt pitted FenoiMg.such as a spljttail fence,shall be permitted provides tha fne fenc'usg does not inipeae sand movement. 4 llrivcways shall be allowed.Driveway materials shall be limited to th "Lae= Yel. j substrata Or gra oetauon and shall not be d�ignedto Leads cap'mb ah be limited to native veA le t zr nstLmd flow of f=ction as hedge mws Or VfMoreaks,or Otl�ise to t'ne minimt� sand ahross ate property.Jnigation systems shall j 1 requited u snyrPort the nave plants! (Ccadbh lla Valley Frin�z toed Pres e v,ae list of 2RO P, b1C plants) 2 shape and orientation of the dc�elopment envelope shall be approves) the County in conjwiction with mvi{w of the gtadiv?or build rig pe rt(s) r�.,s..,,t a co y of the pending whichcves occurs first The County;+rill t drlivery and allow 15 *Pllcarion(s)toithe 13SFWS and CDFG via overnigh working days fai comments- Pavement Inatelizls on private ra ds shall be limited io grading of natural 3. eL Anypropos�l paYu�gofpriv2tezoacls using offi-rmaterials 5nb� �: o vrrll tstsmit a copY ofthe lacnding must be appravzd by th..County.T4ie CotmtY recluast to the LFSFWS and CDFG s lz overnight delivery end ellow 15 worldng days for comm�ats- 411 11 INS r. d rl ,v • � rF /r,� '9 i l� I ylIf5 T • +' r�� �I�17YI�,?j{` �f13�ri "' R roi�■■�i��Yi1�l� i. C j5r4I•hv f 1� ,It'�k'��l•� �•I"'ri•��,� I I�■ •t� I ';•I 'r ' �•�� � ' � •� �• li,�l :( Jb+ �I�i j t r, .,t^il,rr.y m.. 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"T r(r!!+� �71�1�1 r �n ail INIn:In'.11., ulll 7..11��5•�� {.':yd'�'w'IaJll � ! o.:{ L, .%;,+,:�cl4ii�l'� r?'�r. • � -- ,r . /�� ' I'I IIIII III � ,� '•.>_.. . .n..... ..:� / � 1 "• '•, r 'r�r� � g - I'll III'I'7 II` 7 � .... n+n•'( r i {�„� ��• 7 "I' I'! II 1 idl I'I I T 111! � r � /• !�};�"�,,,.1;7.i�,'1'}i 51;' rrr�'�rrrrrr■ 'I n l i l u l u.P.t�C4:1�1 IL LII i'14'`tU r! !Illlllvl O}�t•'•;;i(.i; .;,;;y.,�tG' { v`• '✓: �151 .V,I �"b ✓•.:j�:?•rT•.;Rrir"'ii+'1ia'',.,r, /ii.,.r r, rr. ••, � } r •'�� � �'•+�' 7iQ1:;+nti;115i};��;.::'3.•'irf�•i.•n:!.�:{i�ii(, ,,.�+'� r �r I , •I / i::,r.Yri,r,Ye•.ar�:�r':F",,%f.;, ,'+ 7.S r4::3 ILI ' •I/� !+{'�rr,tJ;YISI. .nyi,q;.,,,.;,•u3< Kly�:ti;7 , 1(�! 3}i.Iil1;I�j:�}7 r t�tilt{Ist f i,1�'iii n d ��'• EXHIBIT s SUB6117TALT03'FIE BOARD OF SUPIPRVISDRS COUNTY OF RivERSIDE,STATE aF CAtIFOWNVA ;^ _ FROM: Transpor&VOn and land SUBMi I U%L.DATE: August 14, 20ao " hianagementAgency SUBUECY: Coachella Valley Hinge-to-d Lizard HaSiat Conservation Plan S RECOMMENDED MDT10N: That3he Beard approve i nptementat on of the attached Interim Culdelines for pruper6 located within Section BLThousand Palms A ea BACKGROUND:On August 1,thez Board authorized staff to continue negotiations tv h the Unit_-.d St---- as FEsh and LVjIdiL�e Service(Servio!) and the California Department of Flsh and Game (Department) concerning sand source issues•and the Coachella Valley Fringe-toed Lzard Habitat Con_erva ion Plan and to develop a dra` overlay zone for Section 8 locted in theThousarrd Palms area. APteer eXteasive n_goli-Aons viith the Service and the Department on August 1 and 2„agreement has been reached on the proposed development standards setfotti in the attached document which will be incorporated into the overlay zone currently being developed. Additionally,it is intended that these devzloprnentstandards T z implsman�--d on avoluntary basis as interim guideline LmT such timeas the Board considers approval of an 2rrr3ndment to Ordinpnce No. 348 incorporating an werayzorte for the Secbn Srrheusand Palms are-`. r If the ACOEriMousand Palms primed Flood Cantrolprtra t does no go ftinvard, the Service has f2gVPS ed that these development standards also t o appfied to the'P.arron Road Area"as daplat i on ttt:attached map- The County has not nt this point agitedto extend the lnft�r rn Guldellnes fb Cover the"Ramon Road Area"buttray do so after Nrmerdiscusslon Mth CVI b ooncarning the impact of the proposed Thousand Palms Flood Control project. The development standards are intended to aP93y to single family residential lot;!' Zoning in th>"Barran Rcad,krea"may allow enter uses that would require d'merent standaf&. Ae • r chard Lashbro Attachment TLMA Director FINANCIAL DATA: CURREnr YEAR COSY S ANNUAL-COST S NFTCOUN'YCOST 5 INCURRENTYE.ARBUt�GEi: YES! NO[ a > SUDGETADJU- T;WFXr::y1�S( NOl FORFY: o a SOURCE OF FUNDS: ❑ Q C,e.o.FtECo3.tP+iENDATIONt c � a U CounyEXectttrv2 C+ffcers'i_grrature c a • r o o Q o � C n Prev.Agn,ref. DLst 4 AGENDA NO,