2024 CV Conservation Commission - MOU Penn Bighorn Sheep Fence - SIGNEDMEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF RIVERSIDE, THE CITY OF LA QUINTA, AND THE COACHELLA
VALLEY CONSERVATION COMMISSION
CONCERNING THE TRANSFER OF CONSERVATION OBJECTIVES FOR
COACHELLA VALLEY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
REGARDING THE LA QUINTA BIGHORN SHEEP BARRIER PROJECT
This Memorandum of Understanding ("MOU") is made as of March 25, 2024, by and between
the County of Riverside ("County"), the City of La Quintal"City"), and the Coachella Valley
Conservation Commission ("CVCC") (collectively the "Parties") to set forth an agreement
concerning the transfer of conservation objectives as described under the Coachella Valley
Multiple Species Habitat Conservation Plan (the "CVMSHCP") for the La Quinta Peninsular
Bighorn Sheep Barrier Project ("Project").
RECITALS
WHEREAS, the Coachella Valley Conservation Commission ("Commission") is a public
agency of the State of California formed by a Joint Exercise of Powers Agreement; and
WHEREAS, the Commission implements the Coachella Valley Multiple Species Habitat
Conservation Plan/Natural Community Conservation Plan (CVMSHCP or "Plan") on behalf of the
City of La Quinta ("the City"), the County of Riverside ("County"), and other "Permittees" covered
under the CVMSHCP; and
WHEREAS, the County and the City desire to cooperate to meet the conservation and
development objectives provided within the framework of the CVMSHCP; and
WHEREAS, the primary means of conservation under the Plan is the acquisition and
management of Plan conservation lands; and
WHEREAS, the La Quinta Peninsular Bighorn Sheep Barrier Project ("Project") is located
within the corporate limits of the City of La Quinta, Riverside County, and is within or contiguous
to the Santa Rosa and San Jacinto Mountains Conservation Area of the Plan; and
WHEREAS, due to completion of Environmental Impact Report SCH #2016021102
(Resolution 19-006), pursuant to the California Environmental Quality Act ("CEQA") (Public Res.
Code, § 21000 et seq.), the State CEQA Guidelines (14 CCR § 15000 et seq.), and the Commission's
Local CEQA Guidelines; the Commission finds that no further CEQA review is necessary for this
action; and
WHEREAS, the Project is preventing Peninsular Bighorn Sheep from harm and death by
providing a barrier to golf courses, residential areas, and the Coachella Canal; and
WHEREAS, the Transfer of Conservation Objectives is a mechanism in the Coachella
Valley Multiple Species Habitat Conservation Plan to compensate for the loss of habitat for covered
species; and
WHEREAS, the La Quinta Peninsular Bighorn Sheep Barrier Project ("Project") requires
that the CVCC shall mitigate the loss of access to designated Peninsular bighorn sheep habitat
resulting from the implementation of the Project through a Transfer of Conservation Objectives
consistent with the requirements of the CVMSHCP and in accordance with Section 20.4.3.D of the
CVMSHCP Implementing Agreement; and
WHEREAS, the Coachella Valley Conservation Commission is acting as the Lead Agency
for CEQA responsible for portions of the Project adjacent to PGA WEST and the Lake Cahuilla
County Regional Park, as well as portions of the fence adjacent to the Tradition Golf Course; and
WHEREAS, the Project is depicted on Exhibit "A," attached hereto and incorporated herein
by reference. The Project is currently located within the City's jurisdiction. The City needs up to
194 acres and only has 119 acres that can be dedicated for the installation of the fence: and
WHEREAS, the Project is located within the "Santa Rosa and San Jacinto Mountains
Conservation Area" as defined under the CVMSHCP. Section 4.3.21 of the CVMSHCP
establishes Conservation Objectives for the Santa Rosa and San Jacinto Mountains Conservation
Area and "Required Measures" to avoid, minimize, and mitigate Take in the Area. Since the
CVMSHCP was approved by all permittees, development within the Sant Rosa and San Jacinto
Mountains Conservation Area must be consistent with the identified Conservation Objectives and
Required Measures; and
WHEREAS, the Plan requires that roughly 90% of certain habitats within each
Conservation Area that are not already conserved must be preserved through acquisition, deed
restriction, or conservation easement. The roughly 10% of habitat that is available for development
within each Conservation Area as a whole and within each jurisdiction is referred to herein as the
area's "Take Allocation;" and
WHEREAS, Section 6.12.3 of the CVMSHCP provides for a Transfer of Conservation
Objectives "for conserved natural communities and/or identified Covered Species between
Conservation Areas or between Recovery Zones in the Santa Rosa and San Jacinto Mountains
Conservation Area." Such a transfer is a Minor Amendment Requiring Wildlife Agencies'
Concurrence and must meet criteria outlined in Section 6.12.3; and
WHEREAS, pursuant to the CVMSHCP, 75 acres of the County's Take Allocation is
requested by CVCC to be transferred to the City within the Santa Rosa and San Jacinto Mountains
Conservation Area, Recovery Zone 3, as depicted on Exhibit "B." Approximately 512 acres of Take
Allocation is currently available and allocated to the County within Recovery Zone 3 of that
Conservation Area. The City wishes to ensure that adequate Take Allocation is available for the
Project and that such Take Allocation will be transferred to it to keep the City and the County in
compliance with the CVMSHCP permit; and
WHEREAS, the United States Fish and Wildlife Service and the California Department of
Fish and Game (collectively the "Wildlife Agencies") have requested completion of the Transfer
before the completion of the Project, to keep in compliance with the Mitigation, Monitoring, and
Reporting Program under the Final Environmental Impact Report, and adopted by Resolution 19-
006 by CVCC in April 2019.
NOW, THEREFORE, all Parties do hereby set forth their mutual representations,
commitments, and understandings regarding the following:
1. The County, the City, and CVCC concur that up to 194 acres of bighorn sheep
habitat Take Allocation will be needed to complete the Project.
2. The City has 159 acres of Take Allocation available in Recovery Zone 3. 40 acres
need to be held as 25 % Reserve, leaving only 119 acres available for the Project.
3. The County has 683 acres of Take Allocation available in Recovery Zone 3. 171
acres will be held as 25% Reserve, leaving 512 acres available for Take Allocation.
The County agrees to transfer 75 acres of Take Allocation in the Santa Rosa and
San Jacinto Mountains Conservation Area to the City as needed for the
development of the Project. Such transfer shall occur within one (1) year of the
effective date of this MOU.
4. Together, the Project's need for 194 acres of Take Allocation shall consist of the
combination of 159 acres of Take Allocation from the City along with the 75 acres
of Take Allocation transferred from the County.
5. The Parties agree to cooperate with each other in the implementation of this
Agreement and perform any and all acts necessary to carry out the intent of the
Agreement. Without limiting the foregoing, Parties agree to provide necessary
approvals, and execute, acknowledge, and deliver any and all additional papers,
documents and other assurances as may be necessary to carry out the intent of the
Agreement.
6. This MOU constitutes the entirety of the agreement between the County and the
City as for the matters contained herein and it supersedes any other agreement, oral,
written or otherwise.
7. This MOU shall be governed by the laws of the State of California.
8. This MOU shall be binding on all parties, their heirs, successors in interest, and
assigns.
9. If any provision of this MOU is determined to be unenforceable in any respect by
a court of competent jurisdiction, such unenforceability shall not affect any other
provision herein, and this MOU shall be construed as if such unenforceable
provision had not been contained herein.
10. This MOU may be executed in counterparts, each of which will be deemed an
original, but all such counterparts together shall constitute one document.
11. If any action is brought for the purpose of enforcing or interpreting any of the terms
of this MOU, the prevailing party shall be entitled to recover reasonable attorney
fees and costs in that action, in addition to any other relief which may be granted.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed
as of the date first written above.
COUNTY OF RIVERSIDE CITY OF LA QUINTA
By:
Chair
Riverside County Board of Supervisors
Date:
, 2024
COACHELLA VALLEY CONSERVATION
COMMISSION
By:
Coachella Valley Conservation Commission
Date: March 25, 2024
By:
Mayor, City of La Quinta
Date: itC 67 , 2024
EXHIBIT "A"
Figure A — PBS Fence Affected Areas
See following page.
49
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EXHIBIT "B"
Figure B — Recovery Zone 3 & 4 Affected Areas
See following page.
51
Jacinto
Conservation
Recovery
Zone
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:474,
•
- I
Peninsular Bighorn Sheep Fence
Affected Areas
CVCC
0 1.75 3.5 Mlles
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) Fence
=I Habitat (194 ac)
I= Recovery Zone
Conservation Lands
Private Land
N
A
Recovery
Zone
52
CONSENT CALENDAR ITEM NO. 5
City of La Quinta
CITY COUNCIL MEETING: April 2, 2024
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH THE
COACHELLA VALLEY CONSERVATION COMMISSION AND THE COUNTY OF
RIVERSIDE TO COMPLETE THE TRANSFER OF CONSERVATION OBJECTIVES
REGARDING THE PENINSULAR BIGHORN SHEEP BARRIER PROJECT
RECOMMENDATION
Approve Memorandum of Understanding with the Coachella Valley Conservation
Commission and the County of Riverside, to complete the Transfer of Conservation
Objectives regarding the Peninsular bighorn sheep barrier project.
EXECUTIVE SUMMARY
• The La Quinta portion of the Peninsular bighorn sheep (PBS) fence was completed
in February 2024. Due to the chosen alignment of the fence, some habitat will be
inaccessible to PBS. The Coachella Valley Multiple Species Habitat Conservation
Plan (CVMSHCP) provides for mitigation of the loss of PBS habitat in conservation
areas that can occur with a Transfer of Conservation Objectives, or transfer of
"take," to compensate for the loss of habitat resulting from the fence construction.
• Under the CVMSHCP, Permittees including participating cities in Riverside County
have an allocation of habitat "take" or authorized disturbance for covered species
which allows for limited development in conservation areas.
• The Coachella Valley Conservation Commission (CVCC) is proposing a
Memorandum of Understanding (MOU) with the City and Riverside County in order
to complete the transfer of take.
FISCAL IMPACT — None.
BACKGROUND/ANALYSIS
The La Quinta portion of the PBS fence was constructed to address urban -related impacts
of PBS accessing artificial food sources and water in urbanized areas, and was completed
in February 2024. The fence alignment generally runs along the foot of the Santa Rosa
Mountains (Exhibit B), however, a portion of the alignment behind PGA West and the
Coachella Canal was moved further up the mountain, which was one of the alternative
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routes proposed, resulting in approximately 194 acres of habitat that will be inaccessible
to the PBS.
The CVMSHCP provides for loss of habitat in conservation areas through transfers of
"take", or authorized disturbance. Each permittee has an allotment of take for covered
species to allow limited development in conservation areas. The City's allotment is 159
acres. The CVCC is asking that the City transfer 119 acres of the allotment, leaving 40
acres for future development. The transfer would remove the development potential from
the 119 acres and "use up" that available authorized disturbance.
As the City's portion of the transfer does not account for the entire acreage of habitat loss,
the CVCC is requesting Riverside County to transfer 75 acres of their 683 acre allotment
to make up the entire 194 acres needed. The CVCC is proposing an MOU in order to
complete the transfer (Attachment 1).
The transfer would include approximately 120 individual parcels of private land in PBS
Recovery Region 3, the same area where the fence has been constructed. It is unlikely
that the reduction of take will negatively impact the City as many of these parcels have
very limited development potential. Since adoption of the CVMSHCP in 2008, no acreage
has been disturbed in the City.
ALTERNATIVES
No alternative action is recommended.
Prepared by:
Approved by:
Attachment:
Cheri Flores, Planning Manager
Danny Castro, Design and Development Director
1. Draft Memorandum of Understanding
44