CDFW 2020-3-30State of California – Natural Resources Agency GAVIN NEWSOM, Governor
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director
Inland Deserts Region
3602 Inland Empire Blvd., Suite C-220
Ontario, CA 91764
www.wildlife.ca.gov
Conserving California’s Wildlife Since 1870
March 30, 2020
Sent via email
Ms. Cheri Flores
Planning Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
clflores@laquintaca.gov
Subject: Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
State Clearinghouse No. 2018011023
Dear Ms. Flores:
The California Department of Fish and Wildlife (CDFW) received a Notice of Preparation
(NOP) of a Draft Environmental Impact Report (DEIR) from the City of La Quinta (City)
for the Travertine Specific Plan (Project) pursuant the California Environmental Quality
Act (CEQA) and CEQA Guidelines.1
Thank you for the opportunity to provide comments and recommendations regarding
those activities involved in the Project that may affect California fish and wildlife.
Likewise, we appreciate the opportunity to provide comments regarding those aspects
of the Project that CDFW, by law, may be required to carry out or approve through the
exercise of its own regulatory authority under the Fish and Game Code.
CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources, and holds those
resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7,
subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd.
(a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection,
and management of fish, wildlife, native plants, and habitat necessary for biologically
sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA,
CDFW is charged by law to provide, as available, biological expertise during public
1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are
found in Title 14 of the California Code of Regulations, commencing with section 15000.
CALIFORNIA
MENTQFFISH&WILDLIFE
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 2 of 14
agency environmental review efforts, focusing specifically on projects and related
activities that have the potential to adversely affect fish and wildlife resources.
CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub.
Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may
need to exercise regulatory authority as provided by the Fish and Game Code. As
proposed, for example, the Project may be subject to CDFW’s lake and streambed
alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent
implementation of the Project as proposed may result in “take” as defined by State law
of any species protected under the California Endangered Species Act (CESA) (Fish &
G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as
provided by the Fish and Game Code.
PROJECT DESCRIPTION SUMMARY
The proposed Project includes a general plan amendment to change the Land Use
Plan, a general plan amendment to change the General Plan Circulation Map, zone
change, Specific Plan Amendment, a Tentative Tract Map, and a Development
Agreement on Assessor Parcel Number (APN) 766-110-002, located in the City of La
Quinta, within Riverside County, California. Specific details of the proposed Project
include:
1. General Plan Amendment to change the existing land use map for the area to
“Low Density Residential, Medium Density Residential, Resort/Spa Mixed Use,
Tourist Commercial, and Open Space” on approximately 876 acres of the parcel.
2. General Plan Amendment to change the General Plan Circulation Map to modify
alignments of Jefferson Street, Avenue 62, and Madison Street.
3. Zone Change to revise the La Quinta Zoning Map.
4. Amendment of the Existing Travertine Specific Plan to address changes that
include:
Change Specific Plan area from 909 acres to 876 acres;
Change from 2,300 Dwelling Units to 1,200 Dwelling Units;
Change from 500-key Resort/Hotel to 100-key Hotel Resort/Spa and
Wellness Center and Golf Club with associated recreational/commercial
elements;
Change 36-Hole Golf Course to 9 to 12 Hole Skills Golf Course;
Remove Tennis Club;
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 3 of 14
Increase 378 acres of Open Space (including golf course) to 380 acres of
Open Space/Golf Course/Recreational and Restricted;
Construct bike trails, pedestrian walkways/trails, recreational areas, and
staging areas;
Construct a future off-site Imperial Irrigation District electric substation
within a 2.5-mile radius;
Construct flood protection barrier along the southern and western project
boundaries;
Construct two water reservoirs and incorporate two existing off-site two
booster stations;
Construction two reservoir wells, and unspecified number of additional
wells.
5. Develop Tentative Tract Map.
6. Prepare Development Agreement to address the obligations, standards, and
conditions agreed upon by the City and the Project Proponent.
Project construction will occur in two phases. Each construction phase will provide two
Project development phases that total no more than 600 units for each construction
phase.
COMMENTS AND RECOMMENDATIONS
CDFW offers the comments and recommendations below to assist the City in
adequately identifying and/or mitigating the Project’s significant, or potentially
significant, direct and indirect impacts on fish and wildlife (biological) resources. The
comments and recommendations are also offered to enable the CDFW to adequately
review and comment on the proposed Project with respect to the Project’s consistency
with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP).
CDFW recommends that the forthcoming DEIR address the following:
Assessment of Biological Resources and Hydrology
Section 15125(c) of the CEQA Guidelines states that knowledge of the regional setting
of a project is critical to the assessment of environmental impacts and that special
emphasis should be placed on environmental resources that are rare or unique to the
region. To enable CDFW staff to adequately review and comment on the project, the
DEIR should include a complete assessment of the flora and fauna within and adjacent
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 4 of 14
to the Project footprint, with particular emphasis on identifying rare, threatened,
endangered, and other sensitive species and their associated habitats.
The CDFW recommends that the DEIR specifically include:
1. An assessment of the various habitat types located within the project footprint, and a
map that identifies the location of each habitat type. CDFW recommends that
floristic, alliance- and/or association-based mapping and assessment be completed
following The Manual of California Vegetation, second edition (Sawyer et al. 20092).
Adjoining habitat areas should also be included in this assessment where site
activities could lead to direct or indirect impacts offsite. Habitat mapping at the
alliance level will help establish baseline vegetation conditions.
2. A general biological inventory of the fish, amphibian, reptile, bird, and mammal
species that are present or have the potential to be present within each habitat type
onsite and within adjacent areas that could be affected by the project. CDFW’s
California Natural Diversity Database (CNDDB) in Sacramento should be contacted
at (916) 322-2493 or CNDDB@wildlife.ca.gov to obtain current information on any
previously reported sensitive species and habitat, including Significant Natural Areas
identified under Chapter 12 of the Fish and Game Code, in the vicinity of the
proposed Project.
Please note that CDFW’s CNDDB is not exhaustive in terms of the data it houses,
nor is it an absence database. CDFW recommends that it be used as a starting point
in gathering information about the potential presence of species within the general
area of the project site.
3. A complete, recent inventory of rare, threatened, endangered, and other sensitive
species located within the Project footprint and within offsite areas with the potential
to be affected, including California Species of Special Concern (CSSC) and
California Fully Protected Species (Fish and Game Code § 3511). Species to be
addressed should include all those which meet the CEQA definition (CEQA
Guidelines § 15380). The inventory should address seasonal variations in use of the
Project area and should not be limited to resident species. Focused species-
specific/CVMSHCP surveys, completed by a CVMSHCP Acceptable biologist and
conducted at the appropriate time of year and time of day when the sensitive
species are active or otherwise identifiable, are required. Acceptable species-
specific survey procedures should be developed in consultation with CDFW and the
2 Sawyer, J. O., T. Keeler-Wolf, and J. M. Evens. 2009. A manual of California Vegetation, 2nd ed. California
Native Plant Society Press, Sacramento, California. http://vegetation.cnps.org/
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 5 of 14
U.S. Fish and Wildlife Service, where necessary. Note that CDFW generally
considers biological field assessments for wildlife to be valid for a one-year period,
and assessments for rare plants may be considered valid for a period of up to three
years. Some aspects of the proposed Project may warrant periodic updated surveys
for certain sensitive taxa, particularly if the Project is proposed to occur over a
protracted time frame, or in phases, or if surveys are completed during periods of
drought.
Burrowing Owl (Athene cunicularia)
The Project site has the potential to provide suitable foraging and/or nesting habitat
for burrowing owl. Take of individual burrowing owls and their nests is defined by
Fish and Game Code section 86, and prohibited by sections 3503, 3503.5 and 3513.
Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture
or kill, or attempt to hunt, pursue, catch, capture or kill.”
CDFW recommends that the City follow the recommendations and guidelines
provided in the Staff Report on Burrowing Owl Mitigation (CDFG 20123). The Staff
Report on Burrowing Owl Mitigation, specifies three steps for project impact
evaluations:
a. A habitat assessment;
b. Surveys; and
c. An impact assessment
As stated in the Staff Report on Burrowing Owl Mitigation, the three progressive
steps are effective in evaluating whether a project will result in impacts to burrowing
owls, and the information gained from the steps will inform any subsequent
avoidance, minimization, and mitigation measures. Habitat assessments are
conducted to evaluate the likelihood that a site supports burrowing owl. Burrowing
owl surveys provide information needed to determine the potential effects of
proposed projects and activities on burrowing owls, and to avoid take in accordance
with Fish and Game Code sections 86, 3503, and 3503.5. Impact assessments
evaluate the extent to which burrowing owls and their habitat may be impacted,
directly or indirectly, on and within a reasonable distance of a proposed CEQA
project activity or non-CEQA project.
3 California Department of Fish and Game (CDFG). 2012. Staff report of burrowing owl mitigation. State of
California, Natural Resources Agency. Available for download at: http://www.dfq.ca.qov/wildlife/nonqame/survev
monitor.html
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 6 of 14
Peninsular Bighorn Sheep (Ovis canadensis nelsoni)
The bighorn sheep population within the Peninsular Ranges (Peninsular bighorn
sheep) was first listed as threatened in 1971 under CESA. Peninsular bighorn sheep
are also listed as a Fully Protected Species under Fish and Game Code section
4700. Peninsular bighorn sheep were listed as a federally endangered population
segment in 1998 (63 FR 13134) due to: 1) habitat fragmentation, degradation, and
loss by urban and commercial development; 2) disease; 3) predation coinciding with
low population numbers; 4) response to human disturbance; 5) insufficient lamb
recruitment; 6) nonnative toxic plants; and 7) prolonged drought (USFWS 20004).
The Project site is located adjacent to or near Designated Critical Habitat for the
species. CDFW recommends that the City contact CDFW and USFWS to acquire
recent species survey information and/or mapping for use during Project planning to
avoid impacts to the species associated with development of the Project; particularly
with Project-related attractants, including vegetation and open water, that may
increase the probability of human-wildlife conflicts. CDFW recommends early
consultation with both agencies during CEQA and NEPA development, and prior to
circulation of the DEIR. CDFW recommends that the DEIR be developed with the
best available science and active consultation with CDFW and the USFWS.
4. A thorough, recent, floristic-based assessment of special status plants and natural
communities, following CDFW’s Protocols for Surveying and Evaluating Impacts to
Special Status Native Plant Populations and Natural Communities (CDFW 20185).
5. Information on the regional setting that is critical to an assessment of environmental
impacts, with special emphasis on resources that are rare or unique to the region
(CEQA Guidelines § 15125[c]).
6. A full accounting of all open space and mitigation/conservation lands within and
adjacent to the Project.
7. An assessment of the potential impacts of the Project to groundwater replenishment
within the Coachella Valley-Indio Groundwater Basin (Basin 7-021.1). CDFW is
concerned that the ongoing replenishment of the groundwater basin may be
impacted by increased groundwater extractions in the immediate vicinity, which
includes wells proposed for this Project. The adjacent Coachella Valley Water
4 U.S. Fish and Wildlife Service. 2000. Recovery plan for bighorn sheep in the Peninsular Ranges, California. U.S.
Fish and Wildlife Service, Portland, OR. xv+251 pp.
5 California Department of Fish and Wildlife (CDFW). 2018. Protocols for Surveying and Evaluating Impacts to
Special Status Native Plan Populations and Sensitive Natural Communities. State of California, Natural Resources
Agency. Available for download at: https://wildlife.ca.gov/Conservation/Plants
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 7 of 14
District’s Thomas Levy Groundwater Replenishment Facility is part of ongoing efforts
to prevent a recurrence of previous groundwater overdraft conditions in the
Coachella Valley. CDFW recommends the forthcoming DEIR identify the number,
location, and extraction capacity of wells proposed for this Project.
Analysis of Direct, Indirect, and Cumulative Impacts to Biological Resources
The DEIR should provide a thorough discussion of the direct, indirect, and cumulative
impacts expected to adversely affect biological resources as a result of the Project. To
ensure that Project impacts to biological resources are fully analyzed, the following
information should be included in the DEIR:
1. A discussion of potential impacts from lighting, noise, human activity (e.g.,
recreation), defensible space, and wildlife-human interactions created by zoning of
development projects or other project activities adjacent to natural areas, exotic
and/or invasive species, and drainage. The latter subject should address Project-
related changes on drainage patterns and water quality within, upstream, and
downstream of the Project site, including: volume, velocity, and frequency of existing
and post-Project surface flows; polluted runoff; soil erosion and/or sedimentation in
streams and water bodies; and post-Project fate of runoff from the Project site.
2. A discussion of potential indirect Project impacts on biological resources, including
resources in areas adjacent to the project footprint, such as nearby public lands (e.g.
National Forests, State Parks, etc.), open space, adjacent natural habitats, riparian
ecosystems, wildlife corridors, and any designated and/or proposed reserve or
mitigation lands (e.g., preserved lands associated with a Natural Community
Conservation Plan, or other conserved lands).
Please note that the Project area supports significant biological resources and
contains habitat connections, providing for wildlife movement across the broader
landscape, sustaining both transitory and permanent wildlife populations. CVMSHCP
conserved lands border the project site along its western property lines. CDFW
encourages project design that avoids and preserves onsite features that contribute
to habitat connectivity. The DEIR should include a discussion of both direct and
indirect impacts to wildlife movement and connectivity, including maintenance of
wildlife corridor/movement areas to adjacent undisturbed habitats.
3. An evaluation of impacts to adjacent open space lands from both the construction of
the Project and any long-term operational and maintenance needs.
4. A cumulative effects analysis developed as described under CEQA Guidelines
section 15130. Please include all potential direct and indirect Project related impacts
to riparian areas, wetlands, vernal pools, alluvial fan habitats, wildlife corridors or
wildlife movement areas, aquatic habitats, sensitive species and other sensitive
habitats, open lands, open space, and adjacent natural habitats in the cumulative
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 8 of 14
effects analysis. General and specific plans, as well as past, present, and anticipated
future projects, should be analyzed relative to their impacts on similar plant
communities and wildlife habitats.
Alternatives Analysis
CDFW recommends the DEIR describe and analyze a range of reasonable alternatives
to the Project that are potentially feasible, would “feasibly attain most of the basic
objectives of the Project,” and would avoid or substantially lessen any of the Project’s
significant effects (CEQA Guidelines § 15126.6[a]). The alternatives analysis should
also evaluate a “no project” alternative (CEQA Guidelines § 15126.6[e]).
Mitigation Measures for Project Impacts to Biological Resources
The DEIR should identify mitigation measures and alternatives that are appropriate and
adequate to avoid or minimize potential impacts, to the extent feasible. The City should
assess all direct, indirect, and cumulative impacts that are expected to occur as a result
of the implementation of the Project and its long-term operation and maintenance.
When proposing measures to avoid, minimize, or mitigate impacts, CDFW recommends
consideration of the following:
1. Fully Protected Species: Fully protected species may not be taken or possessed at
any time. Project activities described in the DEIR should be designed to completely
avoid any fully protected species that have the potential to be present within or
adjacent to the Project area. CDFW also recommends that the DEIR fully analyze
potential adverse impacts to fully protected species due to habitat modification, loss
of foraging habitat, and/or interruption of migratory and breeding behaviors. CDFW
recommends that the Lead Agency include in the analysis how appropriate
avoidance, minimization, and mitigation measures will reduce indirect impacts to
fully protected species.
2. Sensitive Plant Communities: CDFW considers sensitive plant communities to be
imperiled habitats having both local and regional significance. Plant communities,
alliances, and associations with a statewide ranking of S-1, S-2, S-3, and S-4 should
be considered sensitive and declining at the local and regional level. These ranks
can be obtained by querying the CNDDB and are included in The Manual of
California Vegetation (Sawyer et al. 2009). The DEIR should include measures to
fully avoid and otherwise protect sensitive plant communities from project-related
direct and indirect impacts.
3. California Species of Special Concern (CSSC): CSSC status applies to animals
generally not listed under the federal Endangered Species Act or the CESA, but
which nonetheless are declining at a rate that could result in listing, or historically
occurred in low numbers and known threats to their persistence currently exist.
CSSCs should be considered during the environmental review process. CSSC that
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 9 of 14
have the potential or have been documented to occur within or adjacent to the
project area, including, but not limited to: burrowing owl and Le Conte’s thrasher.
4. Mitigation: CDFW considers adverse project-related impacts to sensitive species
and habitats to be significant to both local and regional ecosystems, and the DEIR
should include mitigation measures for adverse project-related impacts to these
resources. Mitigation measures should emphasize avoidance and reduction of
project impacts. For unavoidable impacts, onsite habitat restoration and/or
enhancement, and preservation should be evaluated and discussed in detail. Where
habitat preservation is not available onsite, offsite land acquisition, management,
and preservation should be evaluated and discussed in detail.
The DEIR should include measures to perpetually protect the targeted habitat values
within mitigation areas from direct and indirect adverse impacts in order to meet
mitigation objectives to offset project-induced qualitative and quantitative losses of
biological values. Specific issues that should be addressed include restrictions on
access, proposed land dedications, long-term monitoring and management
programs, control of illegal dumping, water pollution, increased human intrusion, etc.
If sensitive species and/or their habitat may be impacted from the Project, CDFW
recommends the inclusion of specific mitigation in the DEIR. CEQA Guidelines
section 15126.4, subdivision (a)(1)(8) states that formulation of feasible mitigation
measures should not be deferred until some future date. The Court of Appeal in San
Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645
struck down mitigation measures which required formulating management plans
developed in consultation with State and Federal wildlife agencies after Project
approval. Courts have also repeatedly not supported conclusions that impacts are
mitigable when essential studies, and therefore impact assessments, are incomplete
(Sundstrom v. County of Mendocino (1988) 202 Cal. App. 3d. 296; Gentry v. City of
Murrieta (1995) 36 Cal. App. 4th 1359; Endangered Habitat League, Inc. v. County
of Orange (2005) 131 Cal. App. 4th 777).
CDFW recommends that the DEIR specify mitigation that is roughly proportional to
the level of impacts, in accordance with the provisions of CEQA (CEQA Guidelines,
§§ 15126.4(a)(4)(B), 15064, 15065, and 16355). The mitigation should provide long-
term conservation value for the suite of species and habitat being impacted by the
Project. Furthermore, in order for mitigation measures to be effective, they need to
be specific, enforceable, and feasible actions that will improve environmental
conditions.
5. Habitat Revegetation/Restoration Plans: Plans for restoration and revegetation
should be prepared by persons with expertise in southern California ecosystems and
native plant restoration techniques. Plans should identify the assumptions used to
develop the proposed restoration strategy. Each plan should include, at a minimum:
(a) the location of restoration sites and assessment of appropriate reference sites;
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 10 of 14
(b) the plant species to be used, sources of local propagules, container sizes, and
seeding rates; (c) a schematic depicting the mitigation area; (d) a local seed and
cuttings and planting schedule; (e) a description of the irrigation methodology; (f)
measures to control exotic vegetation on site; (g) specific success criteria; (h) a
detailed monitoring program; (i) contingency measures should the success criteria
not be met; and (j) identification of the party responsible for meeting the success
criteria and providing for conservation of the mitigation site in perpetuity. Monitoring
of restoration areas should extend across a sufficient time frame to ensure that the
new habitat is established, self-sustaining, and capable of surviving drought.
CDFW recommends that local onsite propagules from the Project area and nearby
vicinity be collected and used for restoration purposes. Onsite seed collection should
be initiated in the near future in order to accumulate sufficient propagule material for
subsequent use in future years. Onsite vegetation mapping at the alliance and/or
association level should be used to develop appropriate restoration goals and local
plant palettes. Reference areas should be identified to help guide restoration efforts.
Specific restoration plans should be developed for various project components as
appropriate.
Restoration objectives should include protecting special habitat elements or re-
creating them in areas affected by the Project; examples could include retention of
woody material, logs, snags, rocks, and brush piles.
6. Nesting Birds and Migratory Bird Treaty Act: Please note that it is the Project
proponent’s responsibility to comply with all applicable laws related to nesting birds
and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford
protective measures as follows: Fish and Game Code section 3503 makes it
unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except
as otherwise provided by Fish and Game Code or any regulation made pursuant
thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or
destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) to take,
possess, or destroy the nest or eggs of any such bird except as otherwise provided
by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game
Code section 3513 makes it unlawful to take or possess any migratory nongame bird
except as provided by the rules and regulations adopted by the Secretary of the
Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16
U.S.C. § 703 et seq.).
CDFW recommends that the DEIR include the results of avian surveys, as well as
specific avoidance and minimization measures to ensure that impacts to nesting
birds do not occur. Project-specific avoidance and minimization measures may
include, but not be limited to: project phasing and timing, monitoring of project-
related noise (where applicable), sound walls, and buffers, where appropriate. The
DEIR should also include specific avoidance and minimization measures that will be
implemented should a nest be located within the project site. If pre-construction
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 11 of 14
surveys are proposed in the DEIR, the CDFW recommends that they be required no
more than three (3) days prior to vegetation clearing or ground disturbance activities,
as instances of nesting could be missed if surveys are conducted sooner.
7. Moving out of Harm’s Way: To avoid direct mortality, CDFW recommends that the
lead agency condition the DEIR to require that a CDFW-approved qualified biologist
be retained to be onsite prior to and during all ground- and habitat-disturbing
activities to move out of harm’s way special status species or other wildlife of low or
limited mobility that would otherwise be injured or killed from project-related
activities. Movement of wildlife out of harm’s way should be limited to only those
individuals that would otherwise by injured or killed, and individuals should be moved
only as far a necessary to ensure their safety (i.e., CDFW does not recommend
relocation to other areas). Furthermore, it should be noted that the temporary
relocation of onsite wildlife does not constitute effective mitigation for the purposes
of offsetting project impacts associated with habitat loss.
8. Translocation of Species: CDFW generally does not support the use of relocation,
salvage, and/or transplantation as mitigation for impacts to rare, threatened, or
endangered species as studies have shown that these efforts are experimental in
nature and largely unsuccessful.
California Endangered Species Act
CDFW is responsible for ensuring appropriate conservation of fish and wildlife
resources including threatened, endangered, and/or candidate plant and animal
species, pursuant to CESA. CDFW recommends that a CESA Incidental Take Permit
(ITP) be obtained if the Project has the potential to result in “take” (California Fish and
Game Code Section 86 defines “take” as “hunt, pursue, catch, capture, or kill, or
attempt to hunt, pursue, catch, capture, or kill”) of State-listed CESA species, either
through construction or over the life of the project; unless this Project is proposed to be
a covered activity under the CVMSHCP. CESA ITPs are issued to conserve, protect,
enhance, and restore State-listed CESA species and their habitats.
CDFW encourages early consultation, as significant modification to the proposed
Project and avoidance, minimization, and mitigation measures may be necessary to
obtain a CESA ITP. The California Fish and Game Code requires that CDFW comply
with CEQA for issuance of a CESA ITP. CDFW therefore recommends that the DEIR
addresses all Project impacts to listed species and specifies a mitigation monitoring and
reporting program that will meet the requirements of CESA.
Coachella Valley Multiple Species Habitat Conservation Plan
CDFW issued Natural Community Conservation Plan Approval and Take Authorization
for the CVMSHCP per Section 2800, et seq., of the California Fish and Game Code on
September 9, 2008. The CVMSHCP establishes a multiple species conservation
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 12 of 14
program to minimize and mitigate habitat loss and provides for the incidental take of
covered species in association with activities covered under the permit.
Compliance with approved habitat plans, such as the CVMSHCP, is discussed in
CEQA. Specifically, Section 15125(d) of the CEQA Guidelines requires that the CEQA
document discuss any inconsistencies between a proposed Project and applicable
general plans and regional plans, including habitat conservation plans and natural
community conservation plans. An assessment of the impacts to the CVMSHCP as a
result of this Project is necessary to address CEQA requirements. To obtain additional
information regarding the CVMSHCP please go to: http://www.cvmshcp.org/.
The proposed Project occurs within the CVMSHCP area and is subject to the provisions
and policies of the CVMSHCP. In order to be considered a covered activity, Permittees
must demonstrate that proposed actions are consistent with the CVMSHCP and its
associated Implementing Agreement. The City is the Lead Agency and is signatory to
the Implementing Agreement of the CVMSHCP. The project is located adjacent to and
partially within the Santa Rosa and San Jacinto Mountains Conservation Area. The
Conservation Objectives for the Santa Rosa and San Jacinto Mountains Conservation
Area are identified in Section 4.3.21 of the CVMSHCP. Because the proposed Project is
located within a Conservation Area it is subject to the Joint Project Review (JPR)
process through the Coachella Valley Conservation Commission (CVCC). The Project
will need to demonstrate consistency with the Conservation Objectives (as identified in
CVMSHP Section 4.3.21), and address Avoidance, Minimization, and Mitigation
Measures (CVMSHCP Section 4.4), and Land Use Adjacency Guidelines (CVMSHCP
Section 4.5).
Regardless of whether take of threatened and/or endangered species is obtained
through the CVMSHCP or through a CESA ITP, the DEIR needs to address how the
proposed Project will affect the conservation objectives of the CVMSHCP. Therefore, all
surveys required by the CVMSHCP to determine consistency should be conducted and
results included in the DEIR so that CDFW can adequately assess whether the Project
will impact the CVMSHCP.
Lake and Streambed Alteration Program
Depending on how the Project is designed and constructed, it is likely that the Project
applicant will need to notify CDFW per Fish and Game Code section 1602. Fish and
Game Code section 1602 requires an entity to notify CDFW prior to commencing any
activity that may do one or more of the following: Substantially divert or obstruct the
natural flow of any river, stream or lake; Substantially change or use any material from
the bed, channel or bank of any river, stream, or lake; or Deposit debris, waste or other
materials that could pass into any river, stream or lake. Please note that "any river,
stream or lake" includes those that are episodic (i.e., those that are dry for periods of
time) as well as those that are perennial (i.e., those that flow year-round). This includes
ephemeral streams, desert washes, and watercourses with a subsurface flow. It may
also apply to work undertaken within the flood plain of a body of water.
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No. 2018011023
Page 13 of 14
Upon receipt of a complete notification, CDFW determines if the proposed Project
activities may substantially adversely affect existing fish and wildlife resources and
whether a Lake and Streambed Alteration (LSA) Agreement is required. An LSA
Agreement includes measures necessary to protect existing fish and wildlife resources.
CDFW may suggest ways to modify your Project that would eliminate or reduce harmful
impacts to fish and wildlife resources.
CDFW’s issuance of an LSA Agreement is a “project” subject to CEQA (see Pub.
Resources Code 21065). To facilitate issuance of an LSA Agreement, if necessary, the
DEIR should fully identify the potential impacts to the lake, stream, or riparian
resources, and provide adequate avoidance, mitigation, and monitoring and reporting
commitments. Early consultation with CDFW is recommended, since modification of the
proposed Project may be required to avoid or reduce impacts to fish and wildlife
resources. To obtain a Lake or Streambed Alteration notification package, please go to
https://www.wildlife.ca.gov/Conservation/LSA/Forms.
ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and
negative declarations be incorporated into a database which may be used to make
subsequent or supplemental environmental determinations. (Pub. Resources Code, §
21003, subd. (e).) Accordingly, please report any special status species and natural
communities detected during Project surveys to the California Natural Diversity
Database (CNDDB). Information can be submitted online or via completion of the
CNDDB field survey form at the following link:
https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed
electronically to CNDDB at the following email address: CNDDB@wildlife.ca.gov. The
types of information reported to CNDDB can be found at the following link:
https://wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.
FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment
of filing fees is necessary. Fees are payable upon filing of the Notice of Determination
by the Lead Agency and serve to help defray the cost of environmental review by
CDFW. Payment of the fee is required in order for the underlying project approval to be
operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4;
Pub. Resources Code, § 21089.).
CONCLUSION
CDFW appreciates the opportunity to comment on the NOP of a DEIR for the
Travertine Specific Plan (SCH No. 2018011023) and recommends that the City of La
Quinta address CDFW’s comments and concerns in the forthcoming DEIR. If you
Notice of Preparation of a Draft Environmental Impact Report
Travertine Specific Plan
SCH No.2018011023
Page 14 of 14
should have any questions pertaining to the comments provided in this letter,please
contact Charles Land,Environmental Scientist,at (760)200-9418 or at
Charles.Land@ wildlife.ca.qov.
Sincerely,
Scott Wilson
Environmental Program Manager
HCPB CEQA Coordinator
Habitat Conservation Planning Branch
ec:
Office of Planning and Research,State Clearinghouse,Sacramento
state.clearinghouse@opr.ca.gov