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CVCC Request for Comments - Draft Travertine Project 20-006 COACHELLA VALLEY CONSERVATION COMMISSION Cathedral City ͦ Coachella ͦ Desert Hot Springs ͦ Indian Wells ͦ Indio ͦ La Quinta ͦ Palm Desert ͦ Palm Springs ͦ Rancho Mirage ͦ County of Riverside ͦ Coachella Valley Water District ͦ Imperial Irrigation District 73-710 Fred Waring Drive, Suite 200 ͦ Palm Desert, CA 92260 ͦ (760) 346-1127 ͦ FAX (760) 340-5949 2 February 2021 REQUEST FOR COMMENTS: CVCC 20-006 Travertine Project TRG Land has submitted a Joint Project Review (JPR) for the Travertine project, a multiple-use development located in the City of La Quinta. The 855-acre development will consist of low and medium density residential housing; retail and hospitality services; and recreation, open space, and conservation land. Approximately 315 acres of the project footprint is located within the Santa Rosa and San Jacinto Mountains Conservation Area and is thus subject to review under section 6.6.1.1 of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). The development project will result in 6.5 acres of disturbance inside the Conservation Area, however, none of this disturbance will impact modeled habitat for any covered species, natural community, or essential ecological process covered by the CVMSHCP. An additional 2.25 acres of development will occur within the Conservation Area on land owned by the Bureau of Land Management, who is not a signatory under the CVMSHCP and whose land is not covered by the JPR process. The Travertine project has also been issued a United States Fish and Wildlife Service Section 7 Biological Opinion covering federal take authorization for Peninsular bighorn sheep. Coachella Valley Conservation Commission staff have assessed these impacts on the stated Conservation Objectives for the Santa Rosa and San Jacinto Mountains Conservation Area and present their findings in the included draft report. The report is being sent to the project applicant, local permittee, and the wildlife agencies for comment. COMMENTS MUST BE RECEIVED NO LATER THAN 4 MARCH 2021. Comments should be sent to: Peter Satin Coachella Valley Conservation Commission 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 760.356.1127 psatin@cvag.org Attachments: Draft Joint Project Review report Project description provided by applicant Avoidance, Minimization, and Mitigation measures and Land Use Adjacency guidelines Original project application 1 Coachella Valley Conservation Commission Draft Joint Project Review Submitted 2 February 2021 Project Summary Applicant TRG Land, Inc CVCC ID 20-006 Permittee(s) City of La Quinta APN 753040014, 753040016, 753040017, 753050007, 753050013, 753050029, 753060003, 753070005, 753080003, 753080005, 753080006, 764280057, 764280059, 764280061, 766110002, 766110003, 766110004, 766110005, 766110007, 766110009, 766120001, 766120002, 766120003, 766120006, 766120015, 766120016, 766120018, 766120021, 766120023 Total Acreage 855.4 acres Conservation Area Santa Rosa and San Jacinto Mountains Conservation Area Disturbance Acreage 6.5 acres Introduction The Coachella Valley Conservation Commission (CVCC) is a joint powers authority tasked with overseeing the implementation of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP or Plan). Among other responsibilities, CVCC is tasked with conducting the Joint Project Review (JPR) process as defined in section 6.6.1.1 of the Plan for any potential development taking place in a Conservation Area that may impact Conservation Objectives. The JPR process allows CVCC to facilitate and monitor the implementation of the CVMSHCP and to assist Local Permittees in meeting the Conservation Goals and Objectives of the Plan. The intention of this JPR document is to inform Permittee(s) whether a proposed development project complies with Plan requirements, and in no way limits their land use authority. The JPR process is designed to streamline appropriate development projects while maintaining adequate time for regulatory review. Within 30 days of receipt of project information from a Local Permittee, CVCC will conduct a geospatial analysis of how the project may impact C onservation Area Conservation Objectives and Required Measures as described in section 4.3, rough step parameters as described in section 6.5, and Covered Species Goals and Objectives as described in section 9. CVCC will prepare their findings for comment and submit them to the Local Permittee, the project applicant, and the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) (collectively, Wildlife Agencies). The Wildlife Agencies will provide any comments to CVCC within 30 days, after which CVCC will finalize its recommendation regarding project compliance and submit to the Local Permittee. Additional consultation between CVCC, the project applicant, and the Local Permittee may be required if inconsistencies with Plan requirements are identified. 2 Figure 1: Project location with the Coachella Valley. 3 Project Description The proposed Travertine project (Project) is located primarily within the boundaries of the City of La Quinta and will impact land within the Santa Rosa and San Jacinto Mountains Conservation Area (SRSJM) (Figure 1). A small portion of the project will impact land owned by the Bureau of Land Management (BLM) within SRSJM (Figure 2); however, because the BLM is not a signatory to the CVMSHCP and BLM land is not covered, that portion will not be reviewed here. The Project proposes an 855-acre mixed use development to include low and medium density residential housing, hospitality and commercial services, and recreation, open space, and natural areas. A full project description provided by the applicant is included as Appendix A. The proposed Project warrants special consideration under the CVMSHCP. Prior to the approval of state and federal permits for the Plan, the Project had initiated Section 7 consultations with USFWS. As detailed in section 4.3.21 of the CVMSHCP under Required Measures for the SRSJM Conservation Area, any species issued permits through the USFWS Biological Opinion for this Project would not require take authorization through the Plan. Any conservation measures listed for those species would not apply unless incorporated into the Biological Opinion. For those Covered Species not included in the Biological Opinion, the Project constitutes a Covered Activity governed by special provisions. Project Impacts and Proposed Conservation Measures The impacts subject to this review involve the construction of two water tanks and associated infrastructure resulting in disturbance of 6.51 acres of land within SRSJM (Figure 2). As noted in the findings section of this report, this 6.5 acres of disturbance does not impact the conservation objectives for Peninsular bighorn sheep, desert tortoise, or Le Conte’s thrasher. The proposed trail plan for Travertine has been revised in consultation with the CVCC to relocate trail routes to avoid entry into the Conservation Area. With this change, the trail plan is no longer subject to the JPR process. As required by the Biological Opinion, the Project applicant will permanently conserve through deed restriction 294.75 acres of on-site property, with 147.75 acres occurring within SRSJM. An additional 10.75 acres of off-site conservation also falls within the Conservation Area. Since this is required mitigation acreage, it cannot be counted toward the Conservation Objectives of the Plan. The Biological Opinion further requires a fencing contingency plan to be drafted by the applicant and for fencing easements to be granted to the appropriate agency along the outermost perimeter of the project. This conservation measure supersedes required measure 11 of section 4.3.21 of the CVMSHCP describing similar actions. The portion of the project on BLM land and not subject to this review is projected to disturb 2.25 acres. All disturbance acreages were determined independently by CVCC staff using impact data provided by the applicant and controlling for acreage previously considered disturbed. 1 All acreages are rounded to the nearest quarter-acre. 4 Impacts to Covered Species, Natural Communities, and Essential Ecological Processes are described in the following section. Conservation Assessment Santa Rosa and San Jacinto Mountains Conservation Area The primary conservation focus of SRSJM is to protect essential habitat for Peninsular bighorn sheep. This Conservation Area also provides potential habitat for gray vireo and desert tortoise, although respective occupation and population densities for these species is not well known. It also provides migration and breeding habitat for many of the Plan’s riparian species, and natural communities including desert fan palm oases. Of note, SRSJM contains at least one occurrence of triple-ribbed milkvetch that appears to be disjunct from other known occurrences within the CVMSHCP and numerous recorded burrowing owl locations. Small amounts of Other Conserved Habitat (OCH) for Coachella Valley milkvetch, Coachella Valley giant sand-treader cricket, Coachella Valley Jerusalem cricket, Coachella Valley fringe-toed lizard, flat-tailed horned lizard, Le Conte’s thrasher, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse are also found in SRSJM. Hydrological processes necessary for the maintenance of desert dry wash, desert fan palm oases, and other riparian habitats are considered Essential Ecological Processes for the Conservation Area. Conservation Objectives for SRSJM include the conservation of essential habitat for Peninsular bighorn sheep, the conservation of known and potential habitat for gray vireo, the conservation of OCH for Le Conte’s thrasher and desert tortoise, and the conservation of occupied burrowing owl burrows. Natural communities prioritized for conservation include southern willow arroyo riparian forest, desert fan palm oasis woodland, and semi desert chapparal. Conservation Objectives are detailed more fully in section 4.3.21 of the Plan. Conservation and take authorization specific to the City of La Quinta pertain to OCH for Le Conte’s thrasher and desert tortoise, essential habitat for Peninsular bighorn sheep, and desert dry wash woodland. USFWS 2005 Biological Opinion The Project applicant initiated a Section 7 consultation with USFWS in 2004, which was finalized in 2005. USFWS was concerned about impacts to triple-ribbed milkvetch, desert tortoise, and Peninsular bighorn sheep. Following expert review, field surveys, and Project reconfiguration, USFWS determined that milkvetch and desert tortoise were unlikely to be affected, and the resulting Biological Opinion applies exclusively to Peninsular bighorn sheep. In accordance with the special provisions discussed above, the Project applicant will not require federal take authorization through the Plan for bighorn sheep. In light of the 2005 Biological Opinion providing take for Peninsular bighorn sheep, this report applies only to federal take authorizations for OCH for Le Conte’s thrasher and desert tortoise, and state take authorizations for essential habitat for Peninsular bighorn sheep, OCH for Le Conte’s thrasher and desert tortoise, and dry desert wash woodland. Findings 5 Geospatial analysis of the disturbance footprint subject to review determined that the Project would have no detrimental impact on essential habitat for Peninsular bighorn sheep, OCH for Le Conte’s thrasher and desert tortoise, or desert dry wash woodland (Table 1). A small, 0.5-acre portion of the impact from the water tanks intersects some of the modeled habitat for each of the above, but after reviewing County of Riverside parcel data and consulting with the Project applicant, this overlap is believed to be the result of a mapping error (Figure 3). Rough Step Analysis The rough step analysis, as described in section 6.5 of the CVMSHCP, is used to determine whether a proposed disturbance would have an outsized negative impact on the availability of conservation land within a given Conservation Area for a specific Conservation Objective. It is meant to ensure that the potential conservation opportunities remain in “rough step” with the projected development. A positive rough step calculation indicates a surplus of allowable disturbance acreage for a particular Conservation Objective, while a negative rough step calculation signifies that the target habitat is being overdeveloped by the resulting acreage. In such an instance, the planned disturbance would be outside the parameters of the Plan and conservation actions must take place prior to the authorization of additional habitat disturbance. The Project as proposed maintains a positive rough step balance for each of the relevant Conservation Objectives (Table 1). Table 1: Project impacts per Conservation Objective for the City of La Quinta. Conservation Objective Proposed Disturbance1 (ac) Authorized Disturbance2 (ac) Rough Step3 Project Conservation4 (ac) Required Conservation5 (ac) Le Conte's thrasher – Other Conserved Habitat 0 43 15.75 0 387 Desert tortoise – Other Conserved Habitat 0 157 57.25 0 1409 Peninsular bighorn sheep – Essential Habitat (R3) 0 159 40 0 2545 Desert dry wash 0 8 2.25 0 76 1The proposed Project disturbance after subtracting existing disturbance. 2The maximum amount of disturbance allowed to be consistent with Plan requirements for the Project area. 3Rough step is calculated based on all development and conservation from 1996 to present. 4Acres of land within Conservation Area conserved by applicant. 5Target conservation acres as proposed by the Plan. Agency Comments A draft version of this report was submitted to the Wildlife Agencies for comment on 2 February 2021. Their response will be summarized in the final Joint Project Review for this Project and included in full as Appendix B. 6 [Summary of Wildlife Agency comments] Conclusions This report has found the Project as proposed in compliance with the CVMSHCP, notwithstanding those elements covered by the 2005 USFWS Biological Opinion. Projected impacts to Essential Habitat for Peninsular bighorn sheep, Other Conserved Habitat for Le Conte’s thrasher and desert tortoise, and desert dry wash woodland are all within authorized limits for the City of La Quinta. Rough step analysis for each of the Conservation Objectives yields a positive result, indicating development has not outpaced conservation for the City within SRSJM. Project approval by the Local Permittee shall be conditioned on the incorporation of all pertinent Avoidance, Minimization, and Mitigation measures (AMMs) and Land Use Adjacency Guidelines as described in sections 4.4 and 4.5 of the Plan and included here as Appendix C. Special consideration should be given to AMMs for burrowing owl, desert tortoise, Le Conte’s thrasher, and Peninsular bighorn sheep habitat. Approval shall also be contingent on the applicant’s fulfilment of the financial responsibilities identified in item 2.e of the required measures for SRSJM in section 4.3.21. 7 Figure 2: Project footprint and surrounding land status. 8 Figure 3: Project impacts to modeled habitat TRAVERTINE PROJECT Coachella Valley Conservation Commission December 3, 2020 TRAVERTINE PROJECT Page 2 of 30 TRAVERTINE PROJECT Page 3 of 30 Tables of Contents Exhibit 1 - Regional Location Map ........................................................................................................ 4 Exhibit 2 - Vicinity Map ......................................................................................................................... 5 Exhibit 3 – Site Location Map ................................................................................................................ 6 1. PROPOSED PROJECT .......................................................................................................................... 7 1.1 Project Objectives ...................................................................................................................... 7 1.2 Project History ........................................................................................................................... 8 Exhibit 4 – City of La Quinta – Existing General Plan / 1999 Specific Plan ....................................... 12 Exhibit 5 – Proposed General Plan Land Use ...................................................................................... 13 1.3 Project Description................................................................................................................... 14 Table 2: Proposed Planning Area Summary ......................................................................................... 15 1.3.1 Residential Planning Areas ...................................................................................................... 16 Exhibit 6 – Planning Area Land Use Plan ............................................................................................ 17 1.3.2 Tourist Serving Recreational Facilities ................................................................................... 18 Table 3: Proposed Uses and Amenities for Resort/Golf Planning Areas ............................................. 18 1.3.3 Open Space/Recreation Planning Areas .................................................................................. 18 1.3.4 Open Space/Natural Planning Areas ....................................................................................... 18 1.3.5 Recreational Amenities ............................................................................................................ 20 Exhibit 7 – Recreation Plan .................................................................................................................. 21 1.3.6 Master Planned Roads ............................................................................................................. 22 Exhibit 8 – Circulation Plan ................................................................................................................. 23 1.3.7 Infrastructure ........................................................................................................................... 24 Exhibit 9 – Grading Plan ...................................................................................................................... 25 Exhibit 10 – Conceptual Hydrology ..................................................................................................... 26 Exhibit 11 –Conceptual Water Plan ..................................................................................................... 28 Exhibit 12 –Conceptual Sewer Plan ..................................................................................................... 30 TRAVERTINE PROJECT Page 4 of 30 Exhibit 1 - Regional Location Map TRAVERTINE PROJECT Page 5 of 30 Exhibit 2 - Vicinity Map TRAVERTINE PROJECT Page 6 of 30 Exhibit 3 – Site Location Map TRAVERTINE PROJECT Page 7 of 30 1. PROPOSED PROJECT 1.1 Project Objectives The Travertine Specific Plan serves as an overall framework to conscientiously guide development of the proposed project. To ensure the functional integrity, economic viability, environmental sensitivity, and positive aesthetic impact of this Specific Plan, planning and development goals for the project were established and supported through an extensive analysis. This analysis includes an examination of project environmental constraints, engineering feasibility, market acceptance, economic viability, City General Plan goals, development phasing, and local community goals. The Travertine Specific Plan has identified the following Project objectives: • To enhance the existing trail system by adding a staging and parking area and access from the proposed extension of Jefferson. • Provide an interpretive trail element that circumnavigates the project and identifies the unique features both historical and current within the project setting. • To focus the activities for the community on walking and hiking as well as providing a major recreational facility along the eastern edge of the project. • The primary goal of the Amendment is to reduce the overall intensity of the 1995 approved Specific Plan. • Establish a distinctive community character through place-making elements that embrace and respect the site’s special physical attributes, as well as authentic architecture that reflects local heritage. • Provide a comprehensive system of parks and recreation facilities and services that meet the active and passive needs of all residents and visitors. • Contribute to the preservation, conservation and management of open space lands and scenic resources for enhanced recreational, environmental and economic purposes. • Provide protection of the health, safety, and welfare of the community from flooding and hydrological hazards. The following Project objectives have been identified for the EIR: • To contribute to the reduction of air emissions generated within the City. • Provide a regulatory framework that facilitates and encourages energy and water conservation through sustainable site planning, project design, and green technologies and building materials. TRAVERTINE PROJECT Page 8 of 30 • Assist in the protection and preservation of native and environmentally significant biological resources and their habitats. • Assist in the protection and preservation of cultural resources. • Contribute to the preservation, conservation and management of the City’s open space lands and scenic resources for enhanced recreation, environmental and economic purposes. • Provide protection of the residents’ health and safety, and of their property, from geologic and seismic hazards. • Provide protection of the health and safety, and welfare of the community from flooding and hydrological hazards. • Provide protection of residents from the potential impacts of hazardous and toxic materials. • Provide a healthful noise environment which complements the City’s residential and Resort/Spa character. • Provide housing opportunities that meet the diverse needs of the City’s existing and projected population. • Provide public facilities and services that are available, adequate and convenient to all City residents. • Provide a circulation system that promotes and enhances transit, alternative vehicle, bicycle and pedestrian systems. • Provide domestic water, sewer and flood control infrastructure and services which adequately serve the project development and the existing and long-term needs of the City. 1.2 Project History The project site is located on an alluvial fan emanating from the Santa Rosa Mountains in the southeast portion of the City of La Quinta. The only known land use of the site can be seen in an area near the center of the site, see Exhibit 3; this area was used as a vineyard that included, grape vines, irrigation lines, access roads. The vineyard is no longer active and appears to have ceased operation sometime in 2005-2006. In 1988-1989 the project site was part of a proposed land exchange, the Toro Canyon Land Exchange, between the Bureau of Land Management (BLM) and the Nature Conservancy, to dispose of public lands that would be more suitable for development in exchange for private land further to the south that provides important habitat for Bighorn Sheep. An EA was prepared for the land exchange. The EA concluded that the private land offered in the exchange would now be protected as federal resources in support of Bighorn Sheep and critical habitat. Also, as part of the land exchange, the Travertine project site would be available for development in accordance with the land use planning designations imposed by the City of La Quinta. The exchange consisted of the following: • Five sections of land within the Santa Rosa Mountains, four sections owned by Travertine property owners and one section owned by the Nature Conservancy; together comprising 3,207 acres within the Santa Rosa Mountain National Scenic Area, offered to the BLM. TRAVERTINE PROJECT Page 9 of 30 • One section of land owned by the BLM comprising approximately 639 acres offered to the Travertine property owners. • Upon approval of the Toro Canyon land exchange, the 639 acres were combined with approximately 270 acres of adjacent acres to create the Travertine project site for a total of approximately 909 acres of developable land. The County of Riverside included the Travertine project site within its Eastern Coachella Valley Community Plan (ECVCP). The ECVCP land use designation for the site’s lower elevation - the flatter portions of the site - was “Planned Residential Reserve”. This designation was intended to allow for large scale, self-contained Resort/Spa communities. The steeper portions of the site were designated as “Mountainous Areas” in the ECVCP where limited land uses permitted in areas covered by this designation included Open Space, limited recreational uses, limited single family residential, landfills and resource development. Once the Toro Canyon land exchange was approved, the City of La Quinta began annexation proceedings with the county if Riverside for the Travertine project site. The annexation was completed in 1993 with the project site designated as Low Density Residential (LDR, 2 to 4 du/ac) and Open Space (1 du/ac) land uses. In June 1995, the Travertine Specific Plan was approved and an EIR was certified by the La Quinta City Council by adoption of Resolutions 95-38 and 95-39, subject to conditions of approval and a Mitigation Monitoring and Reporting Program (MMRP). Along with the Specific Plan, the corresponding General Plan Amendment and Change of Zone were also approved. The Specific Plan identified a number of land uses including: • Very Low Density Residential • Medium Residential • Medium High Residential • Neighborhood Commercial • Tourist Commercial • Golf Course Open Space In June 1999, the La Quinta Planning Commission re-approved the Specific Plan for the Travertine project site to allow for an indefinite extension of time by adoption of Resolution 99-061. In June 2004, a request was submitted to the U.S. Fish and Wildlife Service (USFWS) to initiate a Section 7 consultation regarding the impacts to the Peninsular Bighorn Sheep and its designated critical habitat. A Biological Opinion (BO) was completed by the USFWS in December 2005 that evaluated the biological resources on the project site in a Biological Assessments (BA). The Travertine property owners had acquired several areas off-site to preserve open space habitat for the Bighorn Sheep and had proposed several mitigation measures in the time between the initial Specific Plan approval (1995) and the start of the Section 7 consultations (2005). The BO concluded that the mitigation measures proposed by Travertine, including the setbacks from habitat and the types of vegetation allowed near the southern and western property lines, would be appropriate for the preservation of any critical habitat that existed in the area and that the development of the site as TRAVERTINE PROJECT Page 10 of 30 previously approved, would not interfere with the Bighorn Sheep or its critical habitat. Table 1: Approved Specific Plan and Proposed Specific Plan Comparison Previously Approved Specific Plan Proposed Specific Plan Amendment Bounded by Avenue 60 to the North, Avenue 64and BLM Land to the South, Madison Street to East and Jefferson Street to the West Bounded by Avenue 60 to the North, Avenue 64 and BLM Land to the South, Madison Street to East and Jefferson Street to the West 909-acres 855-acres 2,300 Residential Dwelling Units 1,200 Residential Dwelling Units 10-acres of Commercial 100 Villa Resort and Wellness Spa 500 Room Resort / Hotel 36 – Hole Golf Course Golf Facility with associated Recreational and Commercial Elements Tennis Club Tennis Club Removed Private Recreation in Individual Developments Private Recreation in Individual Developments 378-acres of Open Space Recreation (all golf course) 55.9-acres Open Space / Recreational 301.2 Open Space Natural/ Preserved TRAVERTINE PROJECT Page 11 of 30 The current plan: • Preserves 35% of the project area as permanent open space. • Reduces the number of dwelling units by 1,100 residences or 52% • Reduces the acreage of golf uses from 363 acres to 46.2 acres or 79% • Reduces the number of resort rooms from 500 to 100 or 80% TRAVERTINE PROJECT Page 12 of 30 Exhibit 4 – City of La Quinta – Existing General Plan / 1999 Specific Plan TRAVERTINE PROJECT Page 13 of 30 Exhibit 5 – Proposed General Plan Land Use TRAVERTINE PROJECT Page 14 of 30 1.3 Project Description The proposed Specific Plan Amendment area covers an area of approximately 855 acres. As shown in Exhibit 5, Proposed General Plan Land Use Map, the proposed project will be comprised of a variety of land uses. Residential land uses will range from low density (1.5 to 4.5 dwelling units per acre) to medium density (4.5 to 8.5 dwelling units per acre). A resort/spa facility will serve residents, tourists and recreational visitors, including a 40,058-square-foot boutique hotel with a 175-seat restaurant, and 100 resort villas totaling 210,000 square-foot. The resort/spa will also allow for a 11,654-square-foot spa and wellness center. The golf training facility with a 2,000-square-foot clubhouse/locker room and 46,378-square-foot banquet facility and 15,904 square foot restaurant will provide recreational and dining opportunities to serve the daily needs of the community and its visitors. Table 1, Proposed Planning Area Summary, shows the land use associated with each planning area. Exhibit 6, Planning Area Land Use Plan, shows the location of each project planning area. The project components shall include: • 1,200 Dwelling Units of varying types o 758 Low Density Units and 442 Medium Density Units o Estate Homes, Single Family Luxury Homes, Single Family Mid Homes, Single Family Entry Homes, Patio Homes, Single Family Attached Units • Golf training facility • 100-villa resort • Wellness Spa • Tourist serving recreational facilities and amenities including restaurants, small shops, spa facilities, lounge and activity rooms, outdoor activities, tennis, yoga, etc. • Bike lanes throughout community, including Class II bike lanes located along both sides of Jefferson Street • Pedestrian walkways and a Travertine community trail – a network of trails suitable for pedestrian use planned throughout the community • Recreational Open Space uses, including picnic tables, barbeques, golf training facilities, a tot lot playground and staging facilities for the regional interpretive trail • One staging area located to the south of the Avenue 62 extension with parking • CVWD Well Sites (quantity to be determined by CVWD) • Future 5-acre IID substation will be located off-site within a 2.5-mile radius of the project area. • Perimeter flood protection barrier along the western and southern boundaries to manage alluvial fan flows. The barrier will consist of a raised edge condition with a slope lining to protect against scour and erosion. • Two off-site booster stations. One on Avenue 62, east of the project site, and the second at Avenue 58 and Dike #2, north of the project site. TRAVERTINE PROJECT Page 15 of 30 Table 2: Proposed Planning Area Summary PA Land Use Acres Density Range (du/ac) Target Density (du/ac) Target Units 1 Resort/Spa Boutique Hotel (175-seat restaurant) – 40,058 sf Resort Villas – 210,000 sf Spa and Wellness – 11,654 sf 38.3 100 villas 2 Medium Density Residential 25.9 4.5-8.5 7.9 205 3 Low Density Residential 29.4 1.5-4.5 2.9 85 4 Low Density Residential 9.6 1.5-4.5 2.8 27 5 Low Density Residential 16.2 1.5-4.5 1.9 31 6 Medium Density Residential 20.1 4.5-8.5 8.1 163 7 Low Density Residential 18.7 1.5-4.5 3.2 61 8 Low Density Residential 16.9 1.5-4.5 4.3 73 9 Medium Density Residential 14.8 4.5-8.5 5.0 74 10 Low Density Residential 25.6 1.5-4.5 2.9 75 11 Resort / Golf Banquet Facility – 46,378 sf Golf Clubhouse Restaurant – 15,904 sf Golf Clubhouse Locker Room – 2,000 sf 46.2 12 Low Density Residential 52.2 1.5-4.5 2.3 107 13 Low Density Residential 26.7 1.5-4.5 1.8 48 14 Low Density Residential 39.0 1.5-4.5 1.6 65 15 Low Density Residential 33.3 1.5-4.5 2.2 70 16 Low Density Residential 50.4 1.5-4.5 2.3 116 17 Open Space Recreational 18.1 18 Open Space Recreational 14.7 19 Open Space Recreational 23.1 20 Open Space Natural 301.2 21 Master Planned Roadways 35.0 Total 855.4 1,200 DU 100 villas Master Planned Roadways Roadways Acres Jefferson Street 17.1 Loop West 9.7 Loop East 5.5 Section 5 Access & PA Access 1.2 Madison EVA 1.5 Total 35.0 TRAVERTINE PROJECT Page 16 of 30 1.3.1 Residential Planning Areas Residential areas account for approximately 44.2 percent of the project’s total land area. The project proposes a maximum of 1,200 dwelling units based on a range of lot sizes. Residential planning areas would vary in density from 1.5 du/ac to 8.5 du/ac, resulting in an overall average density for the project of 1.4 du/gross ac. Planning areas 2 through 10, and 12 through 16, totaling approximately 378.9 acres, are designated for residential land uses. (See Exhibit 6 – Planning Area Land Use Plan). Planning Areas 3, 4, 5, 7, 8, and 10 and 12 through 16 will have a maximum overall density of 4.5 du/ac and Planning Areas 2, 6 and 9 would have maximum overall density of 8.5 du/ac. Based on the target density for each residential planning area the proposed project would include 442 medium density (4.5-8.5 du/ac) residential dwelling units and 758 low density (1.5-4.5 du/ac) residential dwelling units. The Low-Density Residential category will be characterized by larger single-family residential lots (6,300 to 9,600 square feet). The Medium Density Residential planning areas are intended to provide medium density, single-family residential products to accommodate lots ranging from 4,000 to 5,775 square feet. In conformance with project goals, several housing styles are proposed that comply with the maximum density for each planning area. Residential product types would vary to meet market demand but are anticipated to include the following: • Estate Homes • Single Family Luxury Homes • Single Family Mid Homes • Single Family Entry Homes • Patio Homes • Single Family Attached Units Travertine will offer a variety of housing sizes and styles designed to meet the needs of all age groups. The Specific Plan Amendment incorporates neighborhood design and sustainability principles. TRAVERTINE PROJECT Page 17 of 30 Exhibit 6 – Planning Area Land Use Plan TRAVERTINE PROJECT Page 18 of 30 1.3.2 Tourist Serving Recreational Facilities A luxury resort, wellness spa and golf training facility are planned for an approximately 84.5-acre site located in Planning Areas 1 and 11. These areas will consist of resort related amenities including restaurants, small shops, spa facilities, lounge and activity rooms, outdoor activities, yoga, walking and hiking trails. The resort planning areas are anticipated to provide 100-villas and a golf training facility. Table 2 Proposed Uses and Amenities for Resort/Golf Planning Areas shows additional details. Table 3: Proposed Uses and Amenities for Resort/Golf Planning Areas Planning Area Proposed Use Estimated Indoor Area (Square Feet) 1 Boutique Hotel & (175-seat restaurant) 40,058 1 Resort Villas 210,000 1 Spa and Wellness 11,654 11 Banquet Facility 46,378 11 Banquet Facility Restaurant 15,904 11 Golf Clubhouse Locker Room 2,000 1.3.3 Open Space/Recreation Planning Areas Open Space Recreational areas include Planning Areas 1 7 , 18, and 19, and encompass a total of 55.9 acres of the approximately 855-acre site. Exhibit 6 shows the proposed planning area land use locations. Exhibit 7, Recreation Plan, shows areas designated as Open Space, as well as the proposed recreational trails. A golf training facility is located near the southeastern entry to the project on approximately 46.2 acres (Planning Area 11). This will provide a high-end practice and training facility for both the residents and guests. 1.3.4 Open Space/Natural Planning Areas Open Space Natural Areas include Planning Area 20 and encompass approximately 301.2 acres. An area of land along the southern, western and eastern boundaries of the site is restricted from development due to various environmental constraints including biological, geological and cultural resources. Portions of the open space/natural area were determined to be of biological importance by the US Fish and Wildlife Service (USFWS) through the Biological Opinion completed in 2005 and the subsequent federal Environmental Assessment completed in 2006. TRAVERTINE PROJECT Page 19 of 30 Equestrian/multi-use trails are provided in the Specific Plan. This plan will incorporate access, signage, and detailed design. The area along the southern edge of this site, adjacent to the Martinez Rock Slide, will be limited to recreational uses. As part of the recreational plan and trail system, an interpretive design element will provide signage and educational information to discourage trespassing on unauthorized areas of cultural significance. A cultural resources study has been conducted for development near the Martinez Rock Slide, and local tribes have been contacted as part of the procedures. This area is designated as a buffer between the residential development and the natural open space of the foothills of the Santa Rosa Mountains. This area will not include permanent structures as required by the Biological Opinion completed by the US Fish and Wildlife Service in 2005. The Conceptual Land Use Plan was developed with consideration of the environmental constraints associated with the surrounding land, including adjacency to the Santa Rosa Mountains and Martinez Rock Slide area to the south, Coral Mountain to the north, and the CVWD spreading grounds to the east and northeast. Exhibit 6, Planning Area Land Use Plan shows the proposed land use locations. Access to the proposed water tanks will be provided from the project internal loop road, into Planning Area 20 Open Space/Natural area and development of this area will be limited to the project’s water tanks and related infrastructure. TRAVERTINE PROJECT Page 20 of 30 1.3.5 Recreational Amenities The Travertine project will offer a range of amenities that will be accessible to neighborhood homeowners and the public. These recreational amenities include a two-mile long public trail that will be developed around the perimeter of the project site; a central private spine trail that bisects the residential areas of the property; on-street biking paths; preservation of natural open space; and additional private parks located within the development areas. A golf training facility with club facilities such as banquet facilities, will be open to residents, citizens of La Quinta and tourists. A resort and spa with restaurants, shops and activities and a wellness facility will attract both residents and visitors to the community. TRAVERTINE PROJECT Page 21 of 30 Exhibit 7 – Recreation Plan TRAVERTINE PROJECT Page 22 of 30 1.3.6 Master Planned Roads The development of the Travertine site provides for substantial improvements to several roadways, including the southerly extension of Jefferson Street as a private Modified Secondary Arterial south of the proposed Coral Mountain property and the westerly extension of Avenue 62 as a Modified Secondary Arterial. Loop roads extended from both sides of the Jefferson Street spine via roundabout intersections. Exhibit 8, Circulation Plan, shows the proposed alignment of Jefferson Street and the main loop road within the project site. Access to the southwest portion of the development area (access to the proposed water tanks) will be provided from the internal loop road. This area is Restricted Open Space, and development of this area will be limited to the project’s water tanks and related infrastructure. TRAVERTINE PROJECT Page 23 of 30 Exhibit 8 – Circulation Plan TRAVERTINE PROJECT Page 24 of 30 1.3.7 Infrastructure Existing infrastructure on the project site is very limited as the site has not been previously developed. The former vineyard area was provided with water from an on-site well. In addition to the Master Planned Roadway system, the project also includes a master plan for infrastructure including drainage features, underground utilities and water tanks. Grading and Drainage The project site slopes gently in a downslope direction from west to east and is subject to two types of drainage conditions: alluvial fan flow and incised drainage corridors along inactive fans. Existing drainages originate in the Santa Rosa Mountains to the west. Exhibit 9, shows the proposed Grading Plan for the project. Exhibit 10, Conceptual Hydrology, illustrates the off-site and proposed on- site water flow., The exhibit also shows a proposed perimeter flood barrier to divert watershed flows. The project’s flood control berms will be constructed to shield and encompass the project’s developable planning areas and convey upstream flow from Devils Canyon/Guadalupe Creek, Middle North Canyon, Middle South Canyon, and Rock Avalanche Canyon downward towards Dike No. 4 south of the proposed Avenue 62 crossing. The drainage plan proposes to capture on-site flows and direct them across the project to the eastern side of the project site. The intent is to capture all flows and detain them on-site in a series of basins that will be developed with water quality best management practices (BMPs) to treat the water before percolation into the ground. The proposed basins are designed to detain and percolate the projected on-site flows created from impervious surfaces. Excess water relative to existing flows will not be released unimpeded into the adjacent CVWD groundwater recharge ponds. TRAVERTINE PROJECT Page 25 of 30 Exhibit 9 – Grading Plan TRAVERTINE PROJECT Page 26 of 30 Exhibit 10 – Conceptual Hydrology TRAVERTINE PROJECT Page 27 of 30 Water The Coachella Valley Water District (CVWD) currently has jurisdiction over domestic water service to the project property illustrated in Exhibit 11, Conceptual Water Plan. Currently, domestic water service lines exist in three areas near the project. These include the intersection of Avenue 60 and from the Jefferson extension and Avenue 62. Water lines will be extended from Avenue 62 and the proposed EVA to serve the project. Water lines will be connected prior to any construction. Nine additional well sites are necessary to serve the project. One well will be constructed during Phase I, located off the Travertine project site. The locations of the future well sites are currently under discussion with CVWD and will be identified and analyzed in the EIR. Additional facilities will include two water reservoirs and booster station(s) to collect well water and store it at the appropriate elevation to provide the required water pressure for the site. Two off-site booster stations currently exist near the project property. One booster station is locat ed on Avenue 62, east of the project site, while the second booster station is located at Avenue 58 and Dike #2, north of the project site. The project site will be served with a thirty-inch main line within Jefferson Street/Madison Street alignments. Twelve-inch and smaller lines will then feed off the main line to serve the individual developments along these public streets. Water tanks are proposed to be developed to serve the site in Planning Area 23. The water tank locations, including related facilities (road, pipelines, etc.), are subject to review and approval by the USFWS. Permanent structures, with the exception of two water reservoirs, service roadway, underground pipelines and ancillary facilities, as allowed through the consultation with the USFWS, will be prohibited in the Restricted Open Space (Natural) area. A portion of the Open Space Natural Planning Areas is located in a conservation area of the Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP). The project will be required to undergo Joint Project Review (JPR) for development of the water infrastructure improvements within the conservation area. During the JPR process, the Coachella Valley Conservation Commission and other interested Wildlife Agencies have the opportunity to comment on the proposed development. The JPR will be analyzed in the EIR. TRAVERTINE PROJECT Page 28 of 30 Exhibit 11 –Conceptual Water Plan TRAVERTINE PROJECT Page 29 of 30 Sewer The closest Coachella Valley Water District sewer connection currently exists at Monroe Street and Avenue 62, approximately one mile east. The proposed facilities are comprised of a series of eight- inch sewer lines serving the individual developments and flowing into the main sewer line located within Jefferson Street/spine road alignment. The main sewer line increases in size as it extends eastward, ranging from eight inches on the west side to 15 inches at Madison Street, where the line exits the project site. The offsite sewer alignment and improvements will come from the east in Avenue 62. The EIR will further analyze the impacts to sewer and the offsite extension. (See Exhibit 12, Conceptual Sewer Plan) Utilities Southern California Gas Company provides natural gas to the project site. Electric service to Travertine will be provided by Imperial Irrigation District. An offsite substation will be required for the Travertine development and will be located and constructed during Construction Phase I. The five-acre site required by IID for a substation will be studied in the EIR. The location of the five-acre site will be within a two-mile radius of the project. The routing of the proposed service lines along the route to the site will be studied in the EIR. TRAVERTINE PROJECT Page 30 of 30 Exhibit 12 –Conceptual Sewer Plan Appendix C 1 Appendix C: Avoidance, minimization, and mitigation measures and land use adjacency guidelines 4.4 Avoidance, Minimization, and Mitigation Measures Biological Corridors. Specific roads in Conservation Areas, where culverts or undercrossings are required to maintain Biological Corridors, are delineated in the Section 4.3 subsections on individual Conservation Areas. Burrowing Owl. This measure does not apply to single-family residences and any non- commercial accessory uses and structures including but not limited to second units on an existing legal lot, or to O&M of Covered Activities other than levees, berms, dikes, and similar features that are known to contain burrowing owl burrows. O&M of roads is not subject to this requirement. For other projects that are subject to CEQA, the Permittees will require burrowing owl surveys in the Conservation Areas using an accepted protocol (as determined by the CVCC in coordination with the Permittees and the Wildlife Agencies). Prior to Development, the construction area and adjacent areas within 500 feet of the Development site, or to the edge of the property if less than 500 feet, will be surveyed by an Acceptable Biologist for burrows that could be used by burrowing owl. If a burrow is located, the biologist will determine if an owl is present in the burrow. If the burrow is determined to be occupied, the burrow will be flagged and a 160-foot buffer during the non-breeding season and a 250-foot buffer during the breeding season, or a buffer to the edge of the property boundary if less than 500 feet, will be established around the burrow. The buffer will be staked and flagged. No Development or O&M activities will be permitted within the buffer until the young are no longer dependent on the burrow. If the burrow is unoccupied, the burrow will be made inaccessible to owls, and the Covered Activity may proceed. If either a nesting or escape burrow is occupied, owls shall be relocated pursuant to accepted Wildlife Agency protocols. A burrow is assumed occupied if records indicate that, based on surveys conducted following protocol, at least one burrowing owl has been observed occupying a burrow on site during the past three years. If there are no records for the site, surveys must be conducted to determine, prior to construction, if burrowing owls are present. Determination of the appropriate method of relocation, such as eviction/passive relocation or active relocation, shall be based on the specific site conditions (e.g., distance to nearest suitable habitat and presence of burrows within that habitat) in coordination with the Wildlife Agencies. Active relocation and eviction/passive relocation require the preservation and maintenance of suitable burrowing owl habitat determined through coordination with the Wildlife Agencies. Within one (1) year of Permit issuance, CVCC will cooperate with County Flood Control, CVWD and IID to conduct an inventory of levees, berms, dikes, and similar features in the Plan Area maintained by those Permittees. Burrowing owl burrow locations will be mapped and each of these Permittees will incorporate the information into its O&M practices to avoid impacts to the burrowing owl to the maximum extent Feasible. CVCC in cooperation with County Flood Control, CVWD, and IID will prepare a manual for maintenance staff, educating them about the burrowing owl and appropriate actions to take when owls are encountered to avoid impacts to the maximum extent Feasible. The manual will be submitted to the Wildlife Agencies for review and comment within two (2) years of Permit issuance. In conjunction with the Monitoring Program, the maps of the burrowing owl locations along the above-described levees, berms, dikes, and similar features will be periodically updated. Appendix C 2 Covered Riparian Bird Species. This measure does not apply to single-family residences and any non-commercial accessory uses and structures including but not limited to second units on an existing legal lot. Riparian Habitat here refers to the following natural communities: southern arroyo willow riparian forest, Sonoran cottonwood-willow riparian forest, desert fan palm oasis woodland, and southern sycamore-alder riparian woodland in the Cabazon, Stubbe and Cottonwood Canyons, Whitewater Canyon, Upper Mission Creek/Big Morongo Canyon, Thousand Palms, Indio Hills Palms, Joshua Tree National Park, Mecca Hills and Orocopia Mountains, Dos Palmas, Coachella Valley Stormwater Channel and Delta, and Santa Rosa and San Jacinto Mountains Conservation Areas. Covered Activities, including O&M of facilities and construction of permitted new projects, in riparian Habitat will be conducted to the maximum extent Feasible outside of the March 15 – September 15 nesting season for least Bell’s vireo, and the May 1 – September 15 nesting season for southwestern willow flycatcher, summer tanager, yellow warbler, and yellow-breasted chat. If Covered Activities must occur during the nesting season, surveys shall be conducted to determine if any active nests are present. If active nests are identified, the Covered Activity shall not be conducted within 200 feet of an active nest. If surveys conducted during the nesting season document that Covered nesting riparian bird Species are not present, the Covered Activity may proceed. Crissal Thrasher. This measure does not apply to single-family residences and any non- commercial accessory uses and structures including but not limited to second units on an existing legal lot, or to O&M of Covered Activities. In modeled crissal thrasher Habitat in the Willow Hole, Thousand Palms, Indio Hills Palms, East Indio Hills, Dos Palmas, and Coachella Valley Stormwater Channel and Delta Conservation Areas, surveys will be conducted by an Acceptable Biologist prior to the start of construction activities during the nesting season, January 15 – June 15, to determine if active nest sites for this species occur on the construction site and/or within 500 feet of the construction site, or to the edge of the property boundary if less than 500 feet. If nesting crissal thrashers are found, a 500-foot buffer, or a buffer to the edge of the property boundary if less than 500 feet, will be established around the nest site. The buffer will be staked and flagged. No construction activities will be permitted within the buffer during the breeding season of January 15 – June 15 or until the young have fledged. Desert tortoise. This measure does not apply to single-family residences and any non- commercial accessory uses and structures, including but not limited to second units on an existing legal lot, or to O&M of Covered Activities for Permittee infrastructure facilities. Within Conservation Areas, the Permittees will require surveys for desert tortoise for Development in modeled desert tortoise Habitat. Prior to Development, an Acceptable Biologist will conduct a presence/absence survey of the Development area and adjacent areas within 200 feet of the Development area, or to the property boundary if less than 200 feet and permission from the adjacent landowner cannot be obtained, for fresh sign of desert tortoise, including live tortoises, tortoise remains, burrows, tracks, scat, or egg shells. The presence/absence survey must be conducted during the window between February 15 and October 31. Presence/absence surveys require 100% coverage of the survey area. If no sign is found, a clearance survey is not required. A presence/absence survey is valid for 90 days or indefinitely if tortoise-proof fencing is installed around the Development site. If fresh sign is located, the Development area must be fenced with tortoise-proof fencing and a clearance survey conducted during the clearance window. Desert tortoise clearance surveys shall be conducted during the clearance window from February 15 to June 15 and September 1 to October 31 or in accordance with the most recent Wildlife Agency protocols. Clearance surveys must cover 100% of the Development area. A clearance survey must be conducted during different tortoise activity periods (morning and afternoon). All tortoises encountered will be moved from the Development site to a specified location. Prior to issuance of the Permits, CVCC will either use the Permit Statement Pertaining to High Temperatures for Handling Desert Tortoises Appendix C 3 and Guidelines for Handling Desert Tortoises During Construction Projects, revised July 1999, or develop a similar protocol for relocation and monitoring of desert tortoise, to be reviewed and approved by the Wildlife Agencies. Thereafter, the protocol will be revised as needed based on the results of monitoring and other information that becomes available. Inactive Season Protocol. This protocol is applicable to pre-construction and construction phases of utility Covered Activity projects occurring between November 1 and February 14. These protocols apply only to the site preparation and construction phases of projects. The project proponent must follow the eight pre-construction protocol requirements listed below. 1. A person from the entity contracting the construction shall act as the contact person with the representative of the appropriate RMUC. He/she will be responsible for overseeing compliance with the protective stipulations as stated in this protocol. 2. Prior to any construction activity within the Conservation Areas, the contact person will meet with the representative of the appropriate RMUC to review the plans for the project. The representative of the appropriate RMUC will review alignment, pole spacing, clearing limits, burrow locations, and other specific project plans which have the potential to affect the desert tortoise. He or she may recommend modifications to the contact person to further avoid or minimize potential impacts to desert tortoise. 3. The construction area shall be clearly fenced, marked, or flagged at the outer boundaries to define the limits of construction activities. The construction right of- way shall normally not exceed 50 feet in width for standard pipeline corridors, access roads and transmission corridors, and shall be minimized to the maximum extent Feasible. Existing access roads shall be used when available, and rights-of way for new and existing access roads shall not exceed 20 feet in width unless topographic obstacles require greater road width. Other construction areas including well sites, storage tank sites, substation sites, turnarounds, and laydown/staging sites which require larger areas will be determined in the preconstruction phase. All construction workers shall be instructed that their activities shall be confined to locations within the fenced, flagged, or marked areas. 4. An Acceptable Biologist shall conduct pre-construction clearance surveys of all areas potentially disturbed by the proposed project. Any winter burrows discovered in the Conservation Areas during the pre-construction survey shall be avoided or mitigated. The survey shall be submitted to the representative of the appropriate RMUC as part of plan review. 5. All site mitigation criteria shall be determined in the pre-construction phase, including but not limited to seeding, barrier fences, leveling, and laydown/staging areas, and will be reviewed by the representative of the appropriate RMUC prior to implementation. 6. A worker education program shall be implemented prior to the onset of each construction project. All construction employees shall be required to read an educational brochure prepared by the representative of the appropriate RMUC and/or the RMOC and attends a tortoise education class prior to the onset of construction or site entry. The class will describe the sensitive species which may be found in the area, the purpose of the MSHCP Reserve System, and the appropriate measures to take upon discovery of a sensitive species. It will also cover construction techniques to minimize potential adverse impacts. 7. All pre-construction activities which could Take tortoises in any manner (e.g., driving off an established road, clearing vegetation, etc.) shall occur under the supervision of an Acceptable Biologist. 8. If there are unresolvable conflicts between the representative of the appropriate RMUC and the contact person, then the matter will be arbitrated by the RMOC and, if necessary, by CVCC. Appendix C 4 The following terms are established to protect the desert tortoise during utility related construction activities in the Conservation Areas and are to be conducted by an Acceptable Biologist. • An Acceptable Biologist shall oversee construction activities to ensure compliance with the protective stipulations for the desert tortoise. • Desert tortoises found above ground inside the project area during construction shall be moved by an Acceptable Biologist out of harm's way and placed in a winter den (at a distance no greater than 250 feet). If a winter den cannot be located, the USFWS or CDFG shall determine appropriate action with respect to the tortoise. Tortoises found above ground shall be turned over to the Acceptable Biologist • No handling of tortoises will occur when the air temperature at 15 centimeters above ground exceeds 90 degrees Fahrenheit. • Desert tortoise burrows shall be avoided to the maximum extent Feasible. An Acceptable Biologist shall excavate any burrows which cannot be avoided and will be disturbed by construction. Burrow excavation shall be conducted with the use of hand tools only, unless the Acceptable Biologist determines that the burrow is unoccupied immediately prior to burrow destruction. • Only burrows within the limits of clearing and surface disturbance shall be excavated. Burrows outside these limits, but at risk from accidental crushing, shall be protected by the placement of deterrent barrier fencing between the burrow and the construction area. Installation and removal of such barrier fencing shall be under the direction and supervision of an Acceptable Biologist. • For electrical transmission line and road construction projects, only burrows within the right-of-way shall be excavated. Burrows outside the right-of-way, but at risk from accidental crushing, shall be protected by the placement of deterrent barrier fencing between the burrow and the right-of-way. Installation and removal of such barrier fencing shall be under the direction and supervision of an Acceptable Biologist. • Tortoises in the Conservation Areas are not to be removed from burrows until appropriate action is determined by USFWS or CDFG with respect to the tortoise. The response shall be carried out within 72 hours. • Blasting is not permissible within 100 feet of an occupied tortoise burrow. During construction, contractors will comply with the mitigation and minimization measures contained within this protocol. These measures are: • All trenches, pits, or other excavations shall be inspected for tortoises by an Acceptable Biologist prior to filling. • All pipes and culverts stored within desert tortoise Habitat shall have both ends capped to prevent entry by desert tortoises. During construction, all open ended pipeline segments that are welded in place shall be capped during periods of construction inactivity to prevent entry by desert tortoises. • Topsoil removed during trenching shall be re-spread on the pipeline construction area following compaction of the backfill. The area shall be restored as determined during the environmental review. • All test pump water will be routed to the nearest wash or natural drainage. The route will be surveyed by an Acceptable Biologist. If tortoises are found in the drainage area the Acceptable Biologist will remove the tortoises. • Powerlines associated with water development, such as to provide power for pumps, should be buried underground adjacent to the pipe. All above ground structures deemed to be necessary shall be equipped with functional anti-perching devices that would prevent their use by ravens and other predatory birds, and shall adhere to the electrical distribution protocol which follows. Appendix C 5 • In order to perform routine O&M of the water systems such as wells, pumps, water lines and storage tanks, etc., employees are to be trained in the area of desert tortoise education. This training will be performed on a regular basis by an Acceptable Biologist for those personnel not previously trained. The training will include at a minimum the following: identification of tortoises, burrows, and other sign; and instructions on installing tortoise barrier fencing. During the course of basic O&M, desert tort oise will be avoided. Untrained employees shall not perform maintenance operations within the reserve. • All disturbance areas around poles or concrete pads will be reduced to a size just large enough for the construction activity. • Areas disturbed around poles or construction pads will be restored as determined during the pre-construction process. • Poles or other above ground structures necessary for electrical distribution development shall be minimized as much as possible. All above ground structures shall be equipped with functional anti-perching devices that would prevent their use by ravens and other predatory birds. • In order to perform routine O&M of the electrical distribution systems such as transmission lines and poles, substations, etc., employees are to be trained in the area of desert tortoise education. This training will be performed on a regular basis by a qualified biologist for those personnel not previously trained. The training will include at a minimum the following: identification of tortoises, burrows, and other sign; and instructions on installing tortoise barrier fencing. During the course of basic O&M, desert tortoise will be avoided. Untrained employees shall not perform maintenance operations within the non-Take areas. • All trash and food items shall be promptly contained and removed daily from the project site to reduce the attractiveness of the area to common ravens and other desert tortoise predators. • Construction activities which occur between dusk and dawn shall be limited to areas which have already been cleared of desert tortoises by the Acceptable Biologist and graded or located in a fenced right-of-way. Construction activities shall not be permitted between dusk and dawn in areas not previously graded. Active Season Protocol. This protocol is applicable to pre-construction and construction phases of utility development projects occurring between February 15 and November 1. It is identical to the Inactive Season Protocol with the following additions: • Work areas shall be inspected for desert tortoises within 24 hours of the onset of construction. To facilitate implementation of this condition, burrow inspection and excavation may begin no more than seven (7) days in advance of construction activities, as long as a final check for desert tortoises is conducted at the time of construction. • All pre-construction activities which could Take tortoises in any manner (e.g., driving off an established road, clearing vegetation, etc.) shall occur under the overall supervision of an Acceptable Biologist. Any hazards to tortoises created by this activity, such as drill holes, open trenches, pits, other excavations, or any steep-sided depressions, shall be checked three times a day for desert tortoises. These hazards shall be eliminated each day prior to the work crew leaving the site, which may include installing a barrier that will preclude entry by tortoises. Open trenches, pits or other excavations will be backfilled within 72 hours, whenever possible. A 3:1 slope shall be left at the end of every open trench to allow trapped desert tortoises to escape. Trenches not backfilled within 72 hours shall have a barrier installed around them to preclude entry by desert tortoises. All trenches, pits, or other excavations shall be inspected for tortoises by a biological monitor trained and approved by the Acceptable Biologist prior to filling. Appendix C 6 • If a desert tortoise is found, the biological monitor shall notify the Acceptable Biologist who will remove the animal as soon as possible. • Only burrows within the limits of clearing and surface disturbance shall be excavated. Burrows outside these limits, but at risk from accidental crushing, shall be protected by the placement of deterrent barrier fencing between the burrow and the construction area. The barrier fence shall be at least 20 feet long and shall be installed to direct the tortoise leaving the burrow away from the construction area. Installation and removal of such barrier fencing shall be under the direction and supervision of the biological monitor. • If blasting is necessary for construction, all tortoises shall be removed from burrows within 100 feet of the blast area. Disposition of Sick, Injured, or Dead Specimens. Upon locating dead, injured, or sick desert tortoises under any utility or road project, initial notification by the contact representative or Acceptable Biologist must be made to the USFWS or CDFG within three (3) working days of its finding. Written notification must be made within five (5) calendar days with the following information: date; time; location of the carcass; photograph of the carcass; and any other pertinent information. Care must be taken in handling sick or injured animals to ensure effective treatment and care. Injured animals shall be taken care of by the Acceptable Biologist or an appropriately trained veterinarian. Should any treated tortoises survive, USFWS or CDFG should be contacted regarding the final disposition of the animals. Fluvial Sand Transport. Activities, including O&M of facilities and construction of permitted new projects, in fluvial sand transport areas in the Cabazon, Stubbe and Cottonwood Canyons, Snow Creek/Windy Point, Whitewater Canyon, Whitewater Floodplain, Upper Mission Creek/Big Morongo Canyon, Mission Creek/Morongo Wash, Willow Hole, Long Canyon, Edom Hill, Thousand Palms, West Deception Canyon, and Indio Hills/Joshua Tree National Park Linkage Conservation Areas will be conducted in a manner to maintain the fluvial sand transport capacity of the system. Le Conte’s Thrasher. This measure does not apply to single-family residences and any non- commercial accessory uses and structures including but not limited to second units on an existing legal lot, or to O&M of Covered Activities. In modeled Le Conte’s thrasher Habitat in all the Conservation Areas, during the nesting season, January 15 - June 15, prior to the start of construction activities, surveys will be conducted by an Acceptable Biologist on the construction site and within 500 feet of the construction site, or to the property boundary if less than 500 feet. If nesting Le Conte’s thrashers are found, a 500 foot buffer, or to the property boundary if less than 500 feet, will be established around the nest site. The buffer will be staked and flagged. No construction will be permitted within the buffer during the breeding season of January 15 - June 15 or until the young have fledged. Little San Bernardino Mountains Linanthus. This measure does not apply to single-family residences and any non-commercial accessory uses and structures, including but not limited to second units on an existing legal lot, or to O&M of Covered Activities. To avoid and minimize impacts to this species as much as possible, the following avoidance and minimization effort shall occur: • Salvage: Salvage of top soil and/or seeds should occur prior to ground disturbance in accordance with Section 6.6.1. Salvage should be conducted by or in cooperation with the CVCC. Mesquite Hummocks and Mesquite Bosque Natural Communities. This measure does not apply to single-family residences and any non-commercial accessory uses and structures Appendix C 7 including but not limited to second units on an existing legal lot, or to O&M of Covered Activities. Construction activities in the Cabazon, Willow Hole, Thousand Palms, Indio Hills Palms, East Indio Hills, Dos Palmas, Coachella Valley Stormwater Channel and Delta, and Santa Rosa and San Jacinto Mountains Conservation Areas will avoid mesquite hummocks and mesquite bosque to the maximum extent Feasible. Palm Springs Pocket Mouse. To avoid impacts to the Palm Springs pocket mouse and its habitat in the Upper Mission Creek/Big Morongo Canyon and Willow Hole Conservation Areas, Flood Control-related construction activities will comply with the following avoidance and minimization measures. • Clearing: For construction that would involve disturbance to Palm Springs pocket mouse habitat, activity should be phased to the extent feasible and practicable so that suitable habitat islands are no farther than 300 feet apart at any given time to allow pocket mice to disperse between habitat patches across nonsuitable habitat (i.e., unvegetated and/or compacted soils). Prior to project construction, a biological monitor familiar with this species should assist construction crews in planning access routes to avoid impacts to occupied habitat as much as feasible (i.e., placement of preferred routes on project plans and incorporation of methods to avoid as much suitable habitat/soil disturbance as possible). Furthermore, during construction activities, the biological monitor will ensure that connected, naturally vegetated areas with sandy soils and typical native vegetation remain intact to the extent feasible and practicable. Finally, construction that involves clearing of habitat should be avoided during the peak breeding season (approximately March to May), and activity should be limited as much as possible during the rest of the breeding season (January to February and June to August). • Revegetation: Clearing of native vegetation (e.g., creosote, rabbitbrush, burrobush, cheesebush) should be followed by revegetation, including natural reestablishment and other means, resulting in habitat types of equal or superior biological value for Palm Springs pocket mouse. • Trapping/Holding: All trapping activity should be conducted in accordance with accepted protocols and by a qualified biologist who possesses a Memorandum of Understanding with CDFG for live-trapping of heteromyid species in Southern California. • Translocation: Should translocation between distinct population groups be necessary, as determined through the Adaptive Management and Monitoring Program, activity should be conducted by a qualified biologist who possesses a Memorandum of Understanding with CDFG for live-trapping of heteromyid species in Southern California. Trapping and subsequent translocation activity should be conducted in accordance with accepted protocols. Translocation programs should be coordinated by or conducted by the CVCC and/or RMOC to determine the appropriate trapping, holding, marking, and handling methods and potential translocation sites. Peninsular Bighorn Sheep Habitat. Completion of Covered Activities in Peninsular bighorn sheep Habitat in the Cabazon, Snow Creek/Windy Point, and Santa Rosa and San Jacinto Mountains Conservation Areas will be conducted outside of the January 1 - June 30 lambing season unless otherwise authorized through a Minor Amendment to the Plan with concurrence from the Wildlife Agencies. O&M of Covered Activities, including but not limited to refinishing the inside of water storage tanks, shall be scheduled to avoid the lambing season, but may extend into the January 1 – June 30 period if necessary to complete the activity, upon concurrence with the Wildlife Agencies. Appendix C 8 For new projects in the above listed Conservation Areas, no toxic or invasive plant species may be used for landscaping. For existing public infrastructure facilities which have landscaping in Peninsular bighorn sheep Habitat in the Cabazon, Snow Creek/Windy Point, and Santa Rosa and San Jacinto Mountains Conservation Areas, the Permittees who have such facilities will, with respect to those facilities, develop and implement a plan and schedule to remove or prevent access to oleander and any other plants known to be toxic to Peninsular bighorn sheep. The plan and schedule will be prepared within one (1) year of Permit issuance. Triple-ribbed milkvetch. This measure does not apply to single-family residences and any non- commercial accessory uses and structures including but not limited to second units on an existing legal lot, or to O&M of Covered Activities. It is understood that O&M for infrastructure developed as part of a private development approved in compliance with the MSHCP that is later transferred to a public entity is included as a Covered Activity. For Covered Activities within modeled triple- ribbed milkvetch Habitat in the Whitewater Canyon, Whitewater Floodplain, Upper Mission Creek/Big Morongo Canyon, and Santa Rosa and San Jacinto Mountains Conservation Areas, surveys by an Acceptable Biologist will be required for activities during the growing and flowering period from February 1 - May 15. Any occurrences of the species will be flagged and public infrastructure projects shall avoid impacts to the plants to the maximum extent Feasible. In particular, known occurrences on a map maintained by CVCC shall not be disturbed. Appendix C 9 4.5 Land Use Adjacency Guidelines The purpose of Land Use Adjacency Guidelines is to avoid or minimize indirect effects from Development adjacent to or within the Conservation Areas. Adjacent means sharing a common boundary with any parcel in a Conservation Area. Such indirect effects are commonly referred to as edge effects, and may include noise, lighting, drainage, intrusion of people, and the introduction of non-native plants and non-native predators such as dogs and cats. Edge effects will also be addressed through reserve management activities such as fencing. The following Land Use Adjacency Guidelines shall be considered by the Permittees in their review of individual public and private Development projects adjacent to or within the Conservation Areas to minimize edge effects, and shall be implemented where applicable. 4.5.1 Drainage Proposed Development adjacent to or within a Conservation Area shall incorporate plans to ensure that the quantity and quality of runoff discharged to the adjacent Conservation Area is not altered in an adverse way when compared with existing conditions. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials or other elements that might degrade or harm biological resources or ecosystem processes within the adjacent Conservation Area. 4.5.2 Toxics Land uses proposed adjacent to or within a Conservation Area that use chemicals or generate bioproducts such as manure that are potentially toxic or may adversely affect wildlife and plant species, Habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in any discharge to the adjacent Conservation Area. 4.5. Lighting Numerous studies have shown artificial light to negatively impact a variety of wildlife species (see, for example, Ecological consequences of artificial night lighting 2006, Rich, C. and Longcore, T. (eds.). Island Press: Washington, D.C.). The purpose of this guideline is to minimize the impact of artificial light on wildlife within Conservation Areas. For proposed Development adjacent to or within a Conservation Area, lighting shall be shielded and directed toward the developed area. Landscape shielding or other appropriate methods shall be incorporated in project designs to minimize the effects of lighting adjacent to or within the adjacent Conservation Area. Projects requiring discretionary approval shall provide the permitting jurisdiction with a light study showing the proposed methods to minimize escape of light from the project into Conservation Areas. This study shall include all exterior lighting including street lights and security lighting. 4.5.4 Noise Noise has been shown to negatively impact numerous species of wildlife (see, for example, Bowles, A.E. 1995. Responses of wildlife to noise. pp. 109-156. In: Knight, R.L. and K.J. Gutzwiller. (eds.) Wildlife and Recreationists: Coexistence through Management and Research. Island Press: Washington, D.C.). The purpose of this guideline is to minimize the impact the noise on wildlife within Conservation Areas. Proposed Development adjacent to or within a Conservation Area that generates noise in excess of 75 dBA Leq hourly, as measured at the property line, shall incorporate setbacks, berms, or walls, as appropriate, to minimize the effects Appendix C 10 of noise on the adjacent Conservation Area. Required Measures in any Conservation Area that preclude or limit berms or walls shall have precedence over this guideline. This guideline is intended to apply to land uses that generate noise on a permanent basis such as race tracks, night clubs and shooting ranges and does not apply to temporary noise due to construction or special events. Public safety activities are exempt from this guideline. 4.5.5 Invasives Invasive species are a known threat to native wildlife and wildlife habitat in the Coachella Valley. Impacts of invasive species on wildlife in the Coachella Valley have been documented in research conducted by the Center for Conservation Biology at the University of California, Riverside. Invasive, non-native plant species shall not be incorporated in the landscape for land uses adjacent to or within a Conservation Area. Landscape treatments within or adjacent to a Conservation Area shall incorporate native plant materials to the maximum extent Feasible; recommended native species are listed in Table 4-112. The plants listed in Table 4-113 shall not be used within or adjacent to a Conservation Area. This list may be amended from time to time through a Minor Amendment with Wildlife Agencies’ concurrence. 4.5.6 Barriers Land uses adjacent to or within a Conservation Area shall incorporate barriers in individual project designs to minimize unauthorized public access, domestic animal predation, illegal trespass, or dumping in a Conservation Area. Such barriers may include native landscaping, rocks/boulders, fencing, walls and/or signage. 4.5.7 Grading/Land Development Manufactured slopes associated with site Development shall not extend into adjacent land in a Conservation Area. Appendix C 11 Table 4-112: Coachella Valley Native Plants Recommended for Landscaping1 BOTANICAL NAME COMMON NAME Trees Washingtonia filifera California Fan Palm Cercidium floridum Blue Palo Verde Chilopsis linearis Desert Willow Olneya tesota Ironwood Tree Prosopis glandulosa var. torreyana Honey Mesquite Shrubs Acacia greggii Cat’s Claw Acacia Ambrosia dumosa Burro Bush Atriplex canescens Four Wing Saltbush Atriplex lentiformis Quailbush Atriplex polycarpa Cattle Spinach Baccharis sergiloides Squaw Water-weed Bebia juncea Sweet Bush Cassia (Senna) covesii Desert Senna Condalia parryi Crucilllo Crossosoma bigelovii Crossosoma Dalea emoryi Dye Weed Dalea (Psorothamnus) schottii Indigo Bush Datura meteloides Jimson Weed Encelia farinosa Brittle Bush Ephedra aspera Mormon Tea Eriogonum fasciculatum California Buckwheat Eriogonum wrightii membranaceum Wright’s Buckwheat Fagonia laevis (No Common Name) Gutierrezia sarothrae Matchweed Haplopappus acradenius Goldenbush Hibiscus denudatus Desert Hibiscus Hoffmannseggia microphylla Rush Pea Hymenoclea salsola Cheesebush Hyptis emoryi Desert Lavender Isomeris arborea Bladder Pod Juniperus californica California Juniper Krameria grayi Ratany Krameria parvifolia Little-leaved Ratany Larrea tridentate Creosote Bush Lotus rigidus Desert Rock Pea Lycium andersonii Box Thorn Petalonyx linearis Long-leaved Sandpaper Plant Petalonyx thurberi Sandpaper Plant Peucephyllum schottii Pygmy Cedar Prunus fremontii Desert Apricot Rhus ovata Sugar-bush Salazaria mexicana Paper-bag Bush Salvia apiana White Sage Salvia eremostachya Santa Rosa Sage Salvia vaseyi Wand Sage Simmondsia chinensis Jojoba Appendix C 12 BOTANICAL NAME COMMON NAME Sphaeralcia ambigua Globemallow (Desert Mallow) Sphaeralcia ambigua rosacea Apricot Mallow Trixis californica Trixis Zauschneria californica California Fuchsia Groundcovers Mirabilis bigelovii Wishbone Bush (Four O’Clock) Mirabilis tenuiloba White Four O’Clock (Thin-lobed) Vines Vitis girdiana Desert Grape Accent Muhlenbergia rigens Deer Grass Herbaceous Perennials2 Adiantum capillus-veneris Maiden-hair Fern (w) Carex alma Sedge (w) Dalea parryi Parry Dalea Eleocharis montevidensis Spike Rush (w) Equisetum laevigatum Horsetail (w) Juncus bufonis Toad Rush (w) Juncus effuses Juncus (w) Juncus macrophyllus Juncus (w) Juncus mexicanus Mexican Rush (w) Juncus xiphioides Juncus (w) Notholaena parryi Parry Cloak Fern Pallaea mucronata Bird-foot Fern Cacti and Succulents Agave deserti Desert Agave Asclepias albicans Desert Milkweed (Buggy-whip) Asclepias subulata Ajamete Dudleya arizonica Live-forever Dudleya saxosa Rock Dudleya Echinocereus engelmannii Calico Hedgehog Cactus Ferocactus acanthodes Barrel Cactus Fouquieria splendens Ocotillo Mamillaria dioica Nipple Cactus Mamillaria tetrancistra Corkseed Cactus Nolina parryi Parry Nolina Opuntia acanthocarpa Stag-horn or Deer-horn Cholla Opuntia bigelovii Teddy Bear or Jumping Cholla Opuntia basilaris Beavertail Cactus Opuntia echinocarpa Silver or Golden Cholla Opuntia ramosissima Pencil Cholla, Darning Needle Cholla Yucca schidigera Mojave Yucca, Spanish Dagger Yucca whipplei Our Lord’s Candle 1 Source: “Coachella Valley Native Plants, Excluding Annuals (0 ft. to approximately 3,000 ft. elevation).” Compiled by Dave Heveron, Garden Collections Manager, and Kirk Anderson, Horticulturist, The Living Desert, May, 2000, for the Coachella Valley Mountains Conservancy. 2 Common names for herbaceous perennials that are followed by “(w)” indicate a water or riparian species. Appendix C 13 Table 4-113: Prohibited Invasive Ornamental Plants1 BOTANICAL NAME COMMON NAME Acacia spp. (all species except A. greggii) Acacia (all species except native catclaw acacia) Arundo donax (✓) Giant Reed or Arundo Grass Atriplex semibaccata (✓) Australian Saltbush Avena barbata Slender Wild Oat Avena fatua Wild Oat Brassica tournefortii (✓✓) African or Saharan Mustard Bromus madritensis ssp. rubens (✓) Red Brome Bromus tectorum (✓✓) Cheat Grass or Downy Brome Cortaderia jubata [syn.C. atacamensis] Jubata Grass or Andean Pampas Grass Cortaderia dioica [syn. C. selloana] Pampas Grass Descurainia sophia Tansy Mustard Eichhornia crassipes Water Hyacinth Elaegnus angustifolia Russian Olive Foeniculum vulgare Sweet Fennel Hirschfeldia incana Mediterranean or Short-pod Mustard Lepidium latifolium Perennial Pepperweed Lolium multiflorum Italian Ryegrass Nerium oleander Oleander Nicotiana glauca (✓) Tree Tobacco Oenothera berlandieri (#) Mexican Evening Primrose Olea europea European Olive Tree Parkinsonia aculeata (✓) Mexican Palo Verde Pennisetum clandestinum Kikuyu Grass Pennisetum setaceum (✓✓) Fountain Grass Phoenix canariensis (#) Canary Island Date Palm Phoenix dactylifera (#) Date Palm Ricinus communis (✓) Castorbean Salsola tragus (✓) Russian Thistle Schinus molle Peruvian Pepper Tree or California Pepper Schinus terebinthifolius Brazilian Pepper Tree Schismus arabicus Mediterranean Grass Schismus barbatus (✓✓) Saharan Grass, Abu Mashi Stipa capensis (✓✓) No Common Name Tamarix spp. (all species) (✓✓) Tamarisk or Salt Cedar Taeniatherum caput-medusae Medusa-head Tribulus terrestris Puncturevine Vinca major Periwinkle Washingtonia robusta Mexican fan palm Yucca gloriosa (#) Spanish Dagger 1 Sources: California Exotic Pest Plant Council, United States Department of Agriculture -Division of Plant Health and Pest Prevention Services, California Native Plant Society, Fremontia Vol. 26 No. 4, October 1998, The Jepson Manual; Higher Plants of California, and County of San Diego Department of Agriculture. Key to Table 4-113: # indicates species not on CalEPPC October 1999 “Exotic Pest Plants of Greatest Ecological Concern in California” list ✓ indicates species known to be invasive in the Plan Area ✓✓ indicates particularly troublesome invasive species