Item 18.
Form W-9 (Rev. 3-2024) Page 3
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier.
What Is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
• Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2.
• Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2.
• Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2.
Line 3a
Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a.
IF the entity/individual on line 1
is a(n) . . .
THEN check the box for . . .
• Corporation Corporation.
• Individual or
• Sole proprietorship
Individual/sole proprietor.
• LLC classified as a partnership
for U.S. federal tax purposes or
• LLC that has filed Form 8832 or
2553 electing to be taxed as a
corporation
Limited liability company and
enter the appropriate tax
classification:
P = Partnership,
C = C corporation, or
S = S corporation.
• Partnership Partnership.
• Trust/estate Trust/estate.
Line 3b
Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b.
Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply.
Line 4 Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2).
Item 18.
Form W-9 (Rev. 3-2024) Page 4
2—The United States or any of its agencies or instrumentalities. 3—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities.
5—A corporation.
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory.
7—A futures commission merchant registered with the Commodity Futures Trading Commission.
8—A real estate investment trust.
9—An entity registered at all times during the tax year under the Investment Company Act of 1940.
10—A common trust fund operated by a bank under section 584(a). 11—A financial institution as defined under section 581. 12—A middleman known in the investment community as a nominee or custodian.
13—A trust exempt from tax under section 664 or described in section 4947.
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
• Interest and dividend payments All exempt payees except for 7.
• Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
• Barter exchange transactions
and patronage dividends
Exempt payees 1 through 4.
• Payments over $600 required to
be reported and direct sales over
$5,0001
Generally, exempt payees
1 through 5.2
• Payments made in settlement of
payment card or third-party
network transactions
Exempt payees 1 through 4.
1See Form 1099-MISC, Miscellaneous Information, and its instructions. 2However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) entered on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37).
B—The United States or any of its agencies or instrumentalities.
C—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities.
D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i).
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i).
F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state.
G—A real estate investment trust.
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940.
I—A common trust fund as defined in section 584(a).
J—A bank as defined in section 581.
K—A broker.
L—A trust exempt from tax under section 664 or described in section 4947(a)(1).
M—A tax-exempt trust under a section 403(b) plan or section 457(g) plan.
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter “NEW” at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Item 18.
Form W-9 (Rev. 3-2024) Page 5
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint account)
other than an account maintained by
an FFI
The actual owner of the account or,
if combined funds, the first individual
on the account1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2
5. a. The usual revocable savings trust
(grantor is also trustee)
The grantor-trustee1
b. So-called trust account that is not
a legal or valid trust under state law
The actual owner1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner3
7. Grantor trust filing under Optional
Filing Method 1 (see Regulations
section 1.671-4(b)(2)(i)(A))**
The grantor*
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an
individual
The owner
9. A valid trust, estate, or pension trust Legal entity4
10. Corporation or LLC electing corporate
status on Form 8832 or Form 2553
The corporation
11. Association, club, religious, charitable,
educational, or other tax-exempt
organization
The organization
12. Partnership or multi-member LLC The partnership
13. A broker or registered nominee The broker or nominee
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or prison)
that receives agricultural program
payments
The public entity
15. Grantor trust filing Form 1041 or
under the Optional Filing Method 2,
requiring Form 1099 (see Regulations
section 1.671-4(b)(2)(i)(B))**
The trust
1 List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person’s number must be furnished.
2Circle the minor’s name and furnish the minor’s SSN.
3You must show your individual name on line 1, and enter your business or DBA name, if any, on line 2. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) *Note: The grantor must also provide a Form W-9 to the trustee of the trust.
**For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041.
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax return preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
Item 18.
Form W-9 (Rev. 3-2024) Page 6
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.
Go to www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payors must generally withhold a percentage of taxable interest, dividends, and certain other payments to a payee who does not give a TIN to the payor.
Certain penalties may also apply for providing false or fraudulent information.
Item 18.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Authorize the City Manager to Execute a Contract with DeAztlan Consulting in the Amount of $24,500 for Community Outreach Services for Coachella Sphere of Influence Areas (Pocket 7, Mesquite and South Airport).
STAFF RECOMMENDATION:
Staff recommends that the City Council approve a contract with DeAztlan Consulting in the amount of $24,500 for community outreach services for the City of Coachella sphere of influence areas.
BACKGROUND:
Riverside County city and special district boundary expansion is determined by procedures and decisions of the Riverside Local Agency Formation Commission (LAFCO). LAFCO determines the City of Coachella’s sphere of influence, which are unincorporated areas where the City could expand its boundaries. Sphere of influence areas are assessed periodically through a LAFCO municipal services review (MSR) process that examine factors such as the ability of a city to provide services to unincorporated areas and that eligible areas have been evaluated in a city’s General Plan.
On August 7, 2023 the City Council authorized an application to LAFCO to amend the City’s sphere of influence to include the Pocket 7 area consisting of approximately 388 acres located south of Avenue 50, north of Avenue 52, east of Jackson Street and east and west of Calhoun Street between the cities of Indio and Coachella. The area was previously within Coachella’s sphere of influence, but removed by LAFCO in 2006 and recommended to be placed in the City of La Quinta sphere of influence along with other areas of Vista Santa Rosa previously in Coachella sphere of influence. The City of La Quinta requested to remove Pocket 7 from its sphere of influence and LAFCO proceeded to remove it from any city sphere of influence. LAFCO approved Coachella’s sphere of influence amendment for Pocket 7 on March 22, 2024.
The requisite pre-zoning by the City for the Pocket 7 area occurred by the City Council on October 2, 2024, which was the result of extensive outreach effort with Pocket 7 land owners concerning the proposed zoning and allowed uses. The City approved a resolution to initiate proceeding for the annexation of the 388 acre sphere of influence area on November 13, 2024 and subsequently submitted an annexation application to LAFCO. LAFCO is currently reviewing the application
Item 19.
and a LAFCO annexation decision is expected in May or June of 2025. LAFCO encourages cities maintain regular communication with residents and property owners in area that they are evaluating potential annexation.
The southern Coachella sphere of influence south of Avenue 54, north of Airport Blvd, east of Harrison Street and West of Grapefruit Blvd is currently being evaluated for its potential for future annexation including property owner outreach and preparation of a fiscal study to evaluate the benefits to the City and the ability of the City to provide service to residents and property owners in the area.
Figure 1: Pocket 7 and Mesquite Sphere of Influence Area Figure 2: South Airport Sphere of Influence Area
Item 19.
DISCUSSION/ANALYSIS:
Staff requests that the City Council continue with resident and property owner outreach services with DeAztlan Consulting for the Pocket 7 and Mesquite areas until a LAFCO annexation decision occurs. The outreach efforts will include meetings with City staff, canvassing, direct mailing, and community meetings until end of April 2025. The resident and property owner outreach services in the South Airport sphere of influence area are recommended during the contract timeframe to gauge community needs and interest in annexation. Staff will report on outreach findings and the results of the fiscal study for the South Airport sphere of influence to the City Council by April or May of 2025.
ALTERNATIVES:
1) Authorize the City Manager to Execute a Contract with DeAztlan Consulting in the Amount of $24,500 for Community Outreach Services for Coachella Sphere of Influence Areas (P7, Mesquite and South Airport).
2) Deny the contract.
3) Continue this item and provide staff with direction.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative #1 as noted above.
Attachments:
1. Contract for community outreach services by DeAztlan Consulting.
Item 19.
PROJECT SUMMARY
In collaboration with city staff, DeAztlan Consulting will manage and facilitate all City of Coachella land use efforts and provide outreach services to reach residents and property owners in existing and prospective areas and spheres of influence. The proposed services below are for a project timeline beginning on February 15 through April 15, 2025.
MONTHLY LAND USE SERVICES
FEBRUARY $7,000.00
• P7 & Mesquite SOI Annexation Strategy
• P7 & Mesquite SOI Person 2 Person Canvassing
• South Airport SOI Annexation Strategy
• South Airport SOI Person 2 Person Canvassing
MARCH $8,750.00
• P7 & Mesquite SOI Annexation Strategy
• P7 & Mesquite SOI Person 2 Person Canvassing
• South Airport SOI Annexation Strategy
• South Airport SOI Person 2 Person Canvassing
• South Airport SOI Direct Mail Campaign
• South Airport SOI Community Meeting
APRIL $8,750.00
• P7 & Mesquite SOI Direct Mail Campaign
• P7 & Mesquite SOI Community Meeting
• P7 & Mesquite SOI Annexation Strategy
• P7 & Mesquite SOI Person 2 Person Canvassing
• South Airport SOI Annexation Strategy
• South Airport SOI Person 2 Person Canvassing
Total Cost: $24,500.00 (*Print cost not included)
The project aims to conduct comprehensive outreach services in collaboration with city staff to engage residents and property owners in areas currently outside of city boundaries. The proposed budget covers services from DeAztlan Consulting from February to April 2025.
1
Item 19.
PROJECT BUDGET ALLOCATION
FEBRUARY
P7 & Mesquite SOI Annexation Strategy $1,550.00
P7 & Mesquite SOI Person 2 Person Canvassing $1,950.00
South Airport SOI Annexation Strategy $1,550.00
South Airport SOI Person 2 Person Canvassing $1,950.00
MARCH
P7 & Mesquite SOI Annexation Strategy $1,550.00
P7 & Mesquite SOI Person 2 Person Canvassing $1,950.00
South Airport SOI Annexation Strategy $1,550.00
South Airport SOI Person 2 Person Canvassing $1,950.00
South Airport SOI Direct Mail Campaign $755.00
South Airport SOI Community Meeting $995.00
APRIL
P7 & Mesquite SOI Direct Mail Campaign $755.00
P7 & Mesquite SOI Community Meeting $995.00
P7 & Mesquite SOI Annexation Strategy $1,550.00
P7 & Mesquite SOI Person 2 Person Canvassing $1,950.00
South Airport SOI Annexation Strategy $1,550.00
South Airport SOI Person 2 Person Canvassing $1,950.00
TOTAL $24,500.00
2
Item 19.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Provide direction and approve appointments to the City’s Coachella Planning Commission, Parks and Recreation Commission and Culture and Arts Commission.
STAFF RECOMMENDATION:
Provide direction and approve appointments to fill vacancies the City’s Coachella Planning Commission, Parks and Recreation Commission and Culture and Arts Commission.
BACKGROUND:
The term has expired for various seated commissioners (highlighted below). The city advertised and accepted applications for these vacancies from December – January 7, 2025. The expired/vacant positions are highlighted below from the Planning Commission, Parks and Recreation Commission and Culture and Arts Commission.
COACHELLA PLANNING COMMISSION
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Diana Ramirez Councilmember Delgado March 8, 2023 November 2024 Jason Hernandez Mayor Pro-Tem Galarza March 8, 2023 November 2024 Yurema Arvizu Councilmember Figueroa March 8, 2023 November 2026 Isela Murillo Councilmember Virgen March 8, 2023 November 2026 Ruben Gonzalez Councilmember Galarza June 26, 2019 November 2024 Oscar Fonsesca (Alternate) Mayor Hernandez March 8, 2023 November 2026
Item 20.
COACHELLA PARKS AND RECREATION COMMISSION
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Rosalio Avila (Chair) Councilmember Galarza April 26, 2023 November 2024 Robert Antonio Caballero Councilmember Delgado April 26, 2023 November 2024 Andrew Gallegos Mayor Hernandez April 26, 2023 November 2026 Marcos Granados Jr.(Vice C) Mayor Pro Tem Virgen April 26, 2023 November 2026 Karen Hernandez Councilmember Dr. Figueroa April 26, 2023 November 2026 J. Carlos Ayala Alternate (Mayor Hernandez) April 26, 2023 November 2026
CULTURE AND ARTS COMMISSION
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Armando Lerma Mayor Hernandez July 26, 2023 November 2024 Clara Nieblas Mayor Pro Tem Virgen July 26, 2023 November 2026 Irene N. Rodriguez Councilmember Delgado July 26, 2023 November 2024 Juan Ponce Ramos Councilmember Dr. Figueroa July 26, 2023 November 2026 Oralia “Yaya” Ortiz
Javier Figueroa (Alt.)
Councilmember Galarza
Mayor Hernandez
July 26, 2023
July 26, 2023
November 2024
November 2024
DISCUSSION/ANALYSIS:
Per the City’s Municipal Code Section 2.26.020 Commission Member Appointment process is as follows: “. . . each council member may nominate an individual to serve on each city commission and committee subject to appointment by the mayor, with approval by the city council, at open session of a regular or special city council meeting. “ Next steps and options include:
1) vote to elect from the applicants currently on file (attached hereto) 2) choose to establish a new application period to invite additional applicants to apply for the vacant Commissioner and Alternate Commissioner positions and/or 3) provide alternate direction.
Item 20.
Candidates Applications Received Per Commission
Planning Commission (3 vacancies)
- Ruben Gonzalez
- Jesus Nunez (Planning/Parks)
- Elizabeth Aguilar
- Diana Ramirez
- Stephanie Ambriz
- Robert Caballero
- Oscar Fonseca
- Jason P. Hernandez
- Eva Lara
- Rosalio Avila (Planning/Parks)
Parks and Recreation Commission (3 vacancies)
- Rosalio Avila
- Jesus Nunez
Culture and Arts Commission (4 vacancies)
- Armando Lerma
- Irene Rodriguez
- Javier Figueroa
- Oralia Ortiz
FISCAL IMPACT:
None.
Attachments: Applications received (16)
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Item 20.
1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? I believe I should be appointed to the planning committee because of my deep-rooted passion for building a stronger and more inclusive community and my unique blend of professional experiences, education, and ongoing personal development. Having worked closely with underserved populations through John Muir Charter School (continuation high school; students age 18-25), I’ve seen firsthand how access to thoughtful planning and resources can transform lives. This experience has given me a strong sense of responsibility to contribute to shaping a city where every resident feels supported and heard.
One of my proudest achievements has been connecting underserved populations to important resources such as healthcare, immigration support, and job training through collaborative partnerships with local organizations. This has not only strengthened my understanding of community needs but also reinforced my belief in the power of equitable urban development. Academically, my bachelor’s degree from UC Riverside and current pursuit of a GIS certificate reflect my commitment to equipping myself with the tools needed to make data-driven decisions. I’m excited about the opportunity to bring these skills into practice, especially as GIS plays a critical role in identifying patterns and creating efficient, sustainable urban spaces.
Born and raised in Coachella, I have admired the progress of Coachella’s rich potential. Joining the planning committee would be a meaningful way for me to give back and ensure that Coachella continues to grow in a way that benefits all its residents. My ability to communicate effectively, navigate complex challenges,
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and bring people together makes me confident in my ability to contribute to this role.
2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
I see the goals and objectives of the planning commission as fostering responsible urban development, ensuring equitable access to resources and services, and maintaining a balance between growth and sustainability. The commission plays a role in shaping the community by addressing housing, transportation, land use, and public spaces. Its work must reflect the needs of all residents while prioritizing inclusivity, environmental stewardship, and economic vitality.
To help achieve these objectives, I would draw on my experience in community engagement, education, and resource coordination. At John Muir Charter School, I’ve worked to connect underserved populations to essential resources by fostering partnerships with local organizations. This ability to understand and address diverse community needs would allow me to contribute meaningfully to inclusive planning decisions. Additionally, I am eager to bring my growing expertise in GIS to the commission. GIS tools enable data-driven analysis that can inform sustainable development, such as identifying areas that need improvement with accessibility in public resources. By integrating these insights into decision-making, we can create a city that grows responsibly while preserving its environmental assets.
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Collaboration is key to achieving these goals. My ability to engage with stakeholders from various backgrounds, communicate effectively, and prioritize shared objectives ensures that I can help the commission create an inclusive and sustainable community for all residents.
3. What special qualities can you bring to the Commission? I bring a unique combination of skills, experiences, and perspectives that would contribute to the commission’s work. One of my key strengths is my ability to foster collaboration across diverse groups, a quality I’ve honed through my work at John Muir Charter School, where I facilitated partnerships between the school and local community organizations. I’m adept at navigating different interests and building bridges to ensure all voices are heard, especially those of underserved populations.
Additionally, my background in international engagement with the World Federation of United Nations Associations (WFUNA) has provided me with a broader perspective on global development, diplomacy, and the importance of inclusive decision-making. While at WFUNA, I helped organize youth events and coordinated with a variety of international stakeholders, which sharpened my ability to work in diverse, multicultural environments. This experience has made me value considering different viewpoints and integrating a wide range of ideas to inform decision-making, especially in complex planning contexts. I am also committed to learning and self-improvement, currently pursuing a GIS certificate to strengthen my analytical and data-driven approach to planning. I see GIS as an important tool for informed, sustainable urban development, and I’m excited to integrate this knowledge into the commission’s work.
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These qualities, collaboration, a global mindset, and a passion for learning and sustainability, are what I would bring to the commission, ensuring that decisions are inclusive, data-informed, and focused on creating a thriving community for all.
4. Do you have any questions or comments about the Commission’s structure or functions?
One question I have is about the commission’s process for engaging the community, especially underrepresented groups, during the planning and decision-making stages. How does the commission ensure that all voices are heard and that diverse perspectives are incorporated into planning proposals? Also, I’d be interested to learn more about how the commission integrates new technologies and data tools, like GIS, into its decision-making processes. Given my interest in using GIS for urban planning, I’d love to understand how such tools are currently being utilized or if there are opportunities for incorporating them further.
Lastly, I’m curious about the commission’s approach to sustainability and how it is prioritized in long-term planning. Are there specific sustainability goals or initiatives the commission is focusing on that I could potentially contribute to with my background in environmental science and community outreach?
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5. Other comments and/or ideas as to how you as a member of the selected Commission could benefit the City of Coachella.
As a member of the Planning Commission, I believe I can bring a unique and valuable perspective to benefit the City of Coachella. My background in community engagement, education, and resource coordination will allow me to help ensure that planning decisions are inclusive and reflect the needs of all residents, particularly those from underserved communities. I am committed to creating spaces where everyone’s voice is heard, and I would work to build stronger connections between the commission and local organizations, ensuring that planning efforts align with the community’s needs.
Furthermore, my ongoing pursuit of a GIS certificate and my interest for sustainable urban development position me to contribute meaningfully to long-term planning initiatives. I am excited to use GIS tools to inform decisions, improve resource distribution, and ensure that growth happens in a way that respects the environment and promotes sustainability.
Additionally, my experience in international collaboration with the World Federation of United Nations Associations has broadened my understanding of how different regions tackle urban planning challenges. This global perspective will allow me to approach local issues with creative solutions and the ability to think beyond the immediate context, considering broader trends in development and sustainability.
Ultimately, I believe my combination of local community work, international experience, and commitment to continuous learning can help ensure that Coachella’s growth is thoughtful, inclusive, and sustainable for years to come.
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CITY OF COACHELLA
CULTURAL AND ARTS COMMISSION APPLICATION
Application deadline is 6:00 p.m. on -DQXDU\ Application must be received by the deadline in order to be considered NAME: _____________________________________________________________________________ ADDRESS: _________________________
TELEPHONE: ______________ E-MAIL: ____
To be eligible for appointment to the Commission you must be a resident of the City of Coachella.
Members may only serve on one commission/committee.
Note: In the event a member of the commission has three (3) consecutive unexcused absences from meetings of the Commission, the City Council may declare the office of such member vacant.
PLEASE FURNISH BRIEF RESPONSES TO THE QUESTIONS BELOW:
1. Why do you think you should be appointed? What is there specifically in your background, training, education and interests that qualifies you as a candidate? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
2. What do you see as the goals and objectives of the Commission? How would you help achieve these objectives and goals?
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
3. What special qualities can you bring to the Commission? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Oralia "Yaya" Ortiz
Since 2009 I have worked dilengenlty to bring art programs & venues to the community of Coachellla.
Beginning with the Shadly Lane Mural, Synergy Music & Arts Festival, Women Rising, Arte De Barrio etc.
Currently, a art & music center that would benefit at-risk youth and the community at large.
Goals & Objectives of an Arts Commission should always have the community in mind, to be objective and fair to every artist that submit RFP's and ideas. Art installations should also reflect the community it's serving .
I believe art in an intergal part of every community. It brings vitality, socail engagement, inspires local culture of creative thinkers. I will continue that these values are instilled in every potential art project that is submitted.
Item 20.
CITY OF COACHELLA
&8/785$/ $1' $576 COMMISSION APPLICATION
PAGE 2
4. Do you have any questions or comments about the Commission’s structure or functions? __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
5. Other comments and/or ideas as to how you as a member of the Cultural and Arts Commission could benefit the City of Coachella.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ ______________________________ ________________________________ Signature Date
Note: Members of commissions shall be appointed for four year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
PLEASE RETURN THIS COMPLETED APPLICATION TO:
'HOLD *UDQDGRV, Deputy City Clerk
City of Coachella
53-462 Enterprise Way
Coachella, CA 92236
[email protected] (Revised 02-10-2021)
2UDOLD 2UWL]
I would like to see the arts commission to include funding for programs and venues.
I will stirve for fairness to assure every artist has an opportunity to submit art work that reflects our community.
That funds be distrubutied fairly so eveyone has an opportunity to showcase their art work.
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STAFF REPORT
1/22/2025
TO: Honorable Mayor and City Council Members
FROM: Delia Granados, Deputy City Clerk
SUBJECT: Mayor's Appointments to Various Council Subcommittees, Coachella Valley Association of Government (CVAG) Committees, Other Agencies, etc.
STAFF RECOMMENDATION:
Appoint the members of Council to the various intergovernmental organizations, associations and City subcommittees.
BACKGROUND:
The City Council Members represent the City on various intergovernmental agencies and associations that consider policy and legislation, which directly impacts the City. In addition, Council Members serve on City subcommittees (ad hoc and standing) and as liaisons to several entities. In compliance with the requirements of the Maddy Act, Government Code 54972, the attached local appointments list shows all boards, commissions, and committees which are appointed by the legislative body of the local agency and the dates of their terms of office.
Also, attached is a completed Fair Political Practices Commission (FPPC) form 806, which has been posted to the City’s website. This form is required pursuant to FPPC Regulation 18705.5.
Each agency must post on its website Form 806, which lists all the paid appointed positions to which an official will vote to appoint themselves. This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional income of $250 or more in a 12-month period.
The Mayor will be identifying Council appointments to these Committees.
FISCAL IMPACT:
There is no fiscal impact to the General Fund.
Attachments: Appointments List
FPPC Form 806
Item 21.
C:\Users\MeetingsOfficeUser11\AppData\Local\Temp\tmp1A51.tmp
CITY OF COACHELLA
ELECTED/APPOINTED OFFICIALS, BOARDS, COMMITTEES AND COMMISSIONS
LOCAL APPOINTMENTS LIST
CALENDAR YEAR 2025 DRAFT
ELECTED OFFICIALS
City Council Meetings are held on the second and fourth Wednesday of each month in the Council Chamber of City Hall, beginning at 6:00 p.m.
ELECTED OFFICIALS TERM EXPIRES
Mayor Steven Hernandez November 2026
Mayor Pro Tem
Councilmember
Denise Delgado
Stephanie Virgen
November 2028
November 2026
Councilmember Dr. Frank Figueroa November 2026
Councilmember Yadira Perez November 2028
City Clerk Angela M. Zepeda November 2028
City Treasurer Mayra Perez November 2028
APPOINTED OFFICIALS
City Manager Gabriel D. Martin, PhD
City Attorney Carlos Campos
In compliance with the requirements of the Maddy Act, Government Code 54972, the following local appointments list shows all boards, commissions, and committees which are appointed by the legislative body of the local agency and the dates of their terms of office.
COACHELLA PLANNING COMMISSION – (Meets on the first and third Wednesday of each month at 6:00 p.m. at the Coachella Council Chambers of City Hall located at 1515 Sixth Street, Coachella.) The City Planning Commission shall consist of five regular members and one alternate member. Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Diana Ramirez Councilmember Delgado March 8, 2023 November 2024 Jason Hernandez Mayor Pro-Tem Galarza March 8, 2023 November 2024 Yurema Arvizu Councilmember Figueroa March 8, 2023 November 2026 Isela Murillo Councilmember Virgen March 8, 2023 November 2026 Ruben Gonzalez Councilmember Galarza June 26, 2019 November 2024 Oscar Fonsesca (Alternate) Mayor Hernandez March 8, 2023 November 2026
Item 21.
City of Coachella Page 2
Committee Membership – 2024
OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COACHELLA REDEVELOPMENT AGENCY (HEALTH AND SAFETY CODE SECTION 34179-34181): – (Meetings held as needed.) The Oversight Board was created pursuant to California State law that dissolved the Coachella Redevelopment Agency, along with all 400 redevelopment agencies in California, on February 1, 2012. That law, known as AB X1 26, required the City of Coachella, as the successor agency to the Coachella Redevelopment Agency, to create a new Oversight Board to oversee certain fiscal management of former Agency funds and assets.
Oversight Boards direct the staff of the Successor Agency, have fiduciary responsibilities to holders of enforceable obligations, approves actions of the Successor Agency and establishes the Recognized Payment Obligation Payment Schedule. It takes a majority of the Oversight Board to constitute a quorum and to vote to take action.
The California Redevelopment Dissolution Laws mandated the dissolution of the 25 existing Oversight Boards within the County of Riverside and the creation of a single Consolidated Oversight Board overseeing all 25 successor agencies within the County commencing on July 1, 2018.
QUALIFICATIONS APPOINTEE ORIGINAL
APPOINTMENT
TERM EXPIRES
Authority to represent the Successor Agency
before the Countywide Oversight Board, the
Riverside County Auditor-Controller, the State
Controller, the California Department of
Finance, or any other public body with regards to
the Successor Agency business with the
Countywide Oversight Board.
Gabriel Martin
City Manager
December 8, 2021 Open
COACHELLA PARKS AND RECREATION COMMISSION – (Meets on the third Tuesday of each month at 4:30 p.m. in the upstairs conference room at the Coachella Council Chambers of City Hall located at 1515 Sixth Street, Coachella.)
The Coachella Parks and Recreation Commission shall consist of five regular members and one alternate member.
Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Rosalio Avila (Chair) Councilmember Galarza April 26, 2023 November 2024 Robert Antonio Caballero Councilmember Delgado April 26, 2023 November 2024 Andrew Gallegos Mayor Hernandez April 26, 2023 November 2026 Marcos Granados Jr.(Vice C) Mayor Pro Tem Virgen April 26, 2023 November 2026 Karen Hernandez (Vacant) Councilmember Dr. Figueroa April 26, 2023 November 2026 J. Carlos Ayala Alternate (Mayor Hernandez) April 26, 2023 November 2026
Item 21.
City of Coachella Page 3
Committee Membership – 2024
CULTURE AND ARTS COMMISSION – (Meeting dates and times for this new Commission have not yet been established. Meetings will be held at the Corporate Yard located at 53-462 Enterprise Way, Coachella.) The Culture and Arts Commission shall consist of five regular members. Members of commissions shall be appointed for four-year terms or less. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Armando Lerma Mayor Hernandez July 26, 2023 November 2024 Clara Nieblas Mayor Pro Tem Virgen July 26, 2023 November 2026 Irene N. Rodriguez Councilmember Delgado July 26, 2023 November 2024 Juan Ponce Ramos Councilmember Dr. Figueroa July 26, 2023 November 2026 Oralia “Yaya” Ortiz
Javier Figueroa (Alt.)
Councilmember Galarza
Mayor Hernandez
July 26, 2023
July 26, 2023
November 2024
November 2024
YOUTH ADVISORY COMMISSION – (Meeting dates and times for this new Commission have not yet been established. Meetings will be held at the Coachella Civic Center located at 53-990 Enterprise Way, Coachella.) The Youth Advisory Commission shall consist of ten regular members. All members of the commission must live within the City of Coachella and be enrolled in high school. The term of a commissioner is one year from August to June; mirroring the local school district's school year. The term of each commission member shall continue for the term of the nominating council member and automatically terminate when the council member’s term ends. If a council member is reelected, that council member is entitled to make all new nominations or may choose to re-nominate the council member’s previous nominee.
APPOINTEE NOMINATED BY
(MEMBER OF COUNCIL)
ORIGINAL
APPOINTMENT
TERM EXPIRES
Christian Fausto (Chair) Full Council September 25, 2024 June 2025 Alejandro Cobos (Vice Chair) Full Council September 25, 2024 June 2025 Izabella Nunez (Secretary) Full Council September 25, 2024 June 2025 Jade Arguelles Full Council September 25, 2024 June 2025 Briana Lara-Saldivar
Ivan Mendez-Perez
Sehwa Meza
Libni H. Valle
Full Council
Full Council
Full Council
Full Council
September 25, 2024
September 25, 2024
September 25, 2024
September 25, 2024
June 2025
June 2025
June 2025
June 2025
COUNCIL SUB-COMMITTEES
Building/Code Enforcement/Public Safety Sub-Committee – (Meetings called as needed) Neftali Galarza, Councilmember
Dr. Frank Figueroa, Councilmember
City Manager
Development Services Director
Item 21.
City of Coachella Page 4
Committee Membership – 2024
City Engineer
Police Chief
Battalion Chief
Finance Director
Permit Technician (Support Staff)
Code Enforcement
Economic Development/Planning Sub-Committee – (Meetings held on the 1st Thursday of each month at 5:00 p.m. in the Council Chambers of City Hall located at 1515 Sixth Street, Coachella) Steven Hernandez, Mayor – Chair
Stephanie Virgen, Mayor Pro Tem
City Manager
Development Services Director
Economic Development Director
Finance Director
Senior Citizens Advisory Sub-Committee – (Meetings called as needed, if held, on the 3 rd Wednesday
of the month at 1:00 p.m.)
Neftali Galarza, Councilmember
Dr. Frank Figueroa, Councilmember
Public Works Director
Senior Center Coordinator (Support Staff)
Engineering/Public Works/Water-Sewer Sub-Committee – (Meetings called as needed.) Steven Hernandez, Mayor
Denise Delgado, Councilmember
City Manager
Development Services Director
Economic Development Manager
Finance Director
Utilities Department Assistant (Support Staff)
Sister City Sub-Committee – (Meetings called as needed.) Steven Hernandez, Mayor
Neftali Galarza, Councilmember
City Manager
Economic Development Manager
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS – Dark during the months of March, July, August, October and December*
Executive Committee – (Meetings held on last Monday* at 4:30 p.m.) Steven Hernandez, Mayor, Member
Neftali Galarza, Councilmember, Alternate
Item 21.
City of Coachella Page 5
Committee Membership – 2024
City Manager, Staff
CVAG COMMITTEES – (Continued)
Transportation Committee (TC) – (Meetings held on 1
st Monday* at 10:00 a.m.)
Steven Hernandez, Mayor, Member
Neftali Galarza, Councilmember, Alternate
City Engineer, Staff
Homelessness Committee – (Meetings held on 3rd Wednesday* at 10:00 a.m.) Denise Delgado, Councilmember, Member
Dr. Frank Figueroa, Councilmember, Alternate
Economic Development Manager, Staff
Development Services Director, Staff, Alternate
Energy/Environmental Resources – (Meetings held on 2nd Thursday of each month at 12:00 noon) Stephanie Virgen, Mayor Pro Tem, Member
Neftali Galarza, Councilmember, Alternate
Assistant to the City Manager, Staff
Public Safety – (Meetings held on 2nd Monday* at 9:00 a.m.) Dr. Frank Figueroa, Councilmember
Denise Delgado, Councilmember
City Manager, Staff
Police Chief
Battalion Chief
Technical Planning Sub-Committee – (Meetings held on 3rd Tuesday* at 11:00 a.m.) Development Services Director, Staff
Senior Planner, Staff, Alternate
Transportation Technical Advisory Sub-Committee – (Meetings held on 4th Monday* at 10:00 a.m.) City Engineer, Staff
Public Works Director, Staff, Alternate
Solid Waste and Recycling Technical Working Group – (Meetings are held quarterly on 2nd Monday at 3:00 p.m.)
Public Works Director, Staff
Environmental/Regulatory Program Manager, Staff, Alternate
Item 21.
City of Coachella Page 6
Committee Membership – 2024
JPA/ Coachella Valley Conservation Commission (CVCC) – (Meetings held on 2nd Thursday of each month at 11:00 a.m.) Dark each March, August, October and December.
Steven Hernandez, Mayor, Member
Dr. Frank Figueroa, Councilmember, Alternate
SUNLINE TRANSIT AGENCY – (Meetings are held on 4th Wednesday of each month at noon in the Board Room, 32505 Harry Oliver Trail, Thousand Palms)
Denise Delgado, Councilmember, Member
Dr. Frank Figueroa, Councilmember, Alternate
COACHELLA VALLEY MOSQUITO & VECTOR CONTROL DISTRICT BOARD – (Meetings are held every 2nd Tuesday of each month at 6:00 p.m. at the District's Ben Laflin Administration Building, 43-420 Trader Place, Indio. Trustees are appointed for a fixed term of either two (2) or four (4) years, Dr. Frank Figueroa, Councilmember (Term Expires January 2024) Public Works Director, Staff
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION – (Meetings held on 3 rd Wednesday of each
month at 5:30 p.m. The City representative(s) may be council members, community members or staff.) Economic Development Director/Manager
Denise Delgado, Councilmember, Member (Term Expires June 30, 2024 RIVERSIDE COUNTY TRANSPORTATION COMMISSION – (Executive Meetings are held at 9:00 a.m. on the 2
nd Wednesday of each month; and the Budget and Implementation meetings are held at 9:30 a.m. on the 4th Monday of each month at the County of Riverside Administrative Center, 4080 Lemon Street, Riverside. Video teleconferencing is available from La Quinta City Hall.
Steven Hernandez, Mayor, Member – Executive
Stephanie Virgen, Mayor Pro Tem, Member – Budget and Implementation City Engineer, Staff, TAC Member
Public Works Director, Staff, TAC Alternate
PUBLIC ENTITIES RISK MANAGEMENT AUTHORITY (PERMA) – (Meetings at the DoubleTree Resort 67-967 Vista Chino, Cathedral City. Held quarterly, 1st Thursday of last month of each quarter.) Human Resources Manager, Staff, Member
Finance Director, Staff, Alternate
ABANDONED VEHICLE AUTHORITY – (Meetings held quarterly. Date and location for next meeting are announced at each meeting. Locations hosted by different cities.) Finance Director, Member
Code Compliance Manager, Alternate
Item 21.
City of Coachella Page 7
Committee Membership – 2024
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS – Three assignments: 1) Community, Economic and Human Development Committee (CEHD) – (Meetings are held from 10 a.m. – 12:00 noon, followed by the 2) Regional Council (RC) from 12:15 – 2:00 p.m.) on the first Thursday of each month; and 3) Legislative/Communications and Membership Committee (LCMC) meets from 8:30 a.m. – 10:00 a.m. on the 3rd Tuesday of each month in Los Angeles at 818 W. 7th Street, 12th Floor; contact number is 213-236-1800).
Denise Delgado, Councilmember, Member
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS – General Assembly – (Meetings are held At least once every year (usually in April or May).
Denise Delgado, Councilmember, Voting Delegate
COACHELLA/INDIO WASTE TRANSFER STATION JOINT POWERS AUTHORITY – (Meetings held at as needed, at Coachella City Hall located at 1515 Sixth Street, Coachella.) Steve Hernandez, Mayor, Board Member
Dr. Frank Figueroa, Councilmember, Alternate
Public Works Director, Staff
WASTE MANAGEMENT CONTRACT AMENDMENT - AD HOC COMMITTEE – (Held as needed.) Stephanie Virgen, Mayor Pro Tem
Steven Hernandez, Mayor
NPDES TASK FORCE – (Meetings held first Wednesday of each month at 10 a.m.) Environmental/Regulatory Program Manager, Member
Sanitary Superintendent, Member
CHAMBER OF COMMERCE LIAISON – (Meetings held as needed) Neftali Galarza, Councilmember
Dr. Frank Figueroa, Councilmember
Assistant to the City Manager, Staff
Executive Assistant, Staff
JOINT WATER POLICY ADVISORY COMMITTEE MEETING – (As needed at CVWD’S Coachella office, 85-995 Avenue 52, Coachella, Rummonds Training Room.)
Steven Hernandez, Mayor, Member
Dr. Frank Figueroa, Councilmember, Alternate
Utilities Manager, Staff
Item 21.
City of Coachella Page 8
Committee Membership – 2024
COACHELLA VALLEY ANIMAL CAMPUS COMMISSION – (Meetings held on 1 st Thursday, every two
months at 9:30 a.m. at the Coachella Valley Animal Campus, 72-050 Pet Land Place, Thousand Palms, CA 92276 Denise Delgado, Councilmember, Member
Dr. Frank Figueroa, Alternate
City Manager, Staff
COACHELLA VALLEY ENERGY COMMISSION – (Meetings held at 4:00 p.m. on the second Thursday of each month. Meetings may be held at the IID Boardroom at its La Quinta Headquarters, 81-600 Avenue 58 La Quinta, or rotating at member agency locations. Commission members are appointed for one-year terms with no term limits, and must reside within the IID boundary area for the Coachella Valley. (New for 2021) Stephanie Virgen, Mayor Pro Tem, Member (Term Expires December 2024) UTILITY USERS CITIZENS OVERSIGHT COMMITTEE – (Meetings held at [time] on the [day] of each month. Meetings will be held at [location and address]
Member
Staff
COACHELLA VALLEY MOUNTAINS CONSERVANCY – (Meetings held at 3:00 p.m. on the 2nd Monday of January, March, May, July, September and November at Conference Room 115, 73-710 Fred Waring Drive, Palm Desert. Terms are for 2-years. Appointees must be either the Mayor or a Councilmember.) Denise Delgado, Councilmember, Member (Term Expires December 2024 – 2-year term) Dr. Frank Figueroa, Councilmember, Alternate
Development Services Director, Staff, non-member
VISIT GREATER PALM SPRINGS JOINT POWERS AUTHORITY – (Six (6) Meetings are held yearly on Fridays, 8:00 am to 10:30 am. [Locations and Dates TBD] Dr. Frank Figueroa, Member
Alternate: TBD
Item 21.
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FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
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13 1/16/2025
City of Coachella
City Council
Delia Granados, Deputy City Clerk
(760) 398-3502 [email protected]
Coachella Valley
Association of
Governments (CVAG)
Executive Committee
Hernandez, Steven
Galarza, Neftali 1 Year
125
■
Coachella Valley
Association of
Governments (CVAG)
Transportation Committee
Delgado, Denise
Galarza, Neftali 1 Year
100
■
Coachella Valley
Association of
Governments (CVAG)
Homelessness
Delgado, Denise
Figueroa, Frank 1 Year
100
■
Coachella Valley
Association of
Governments (CVAG)
Energy Environmental
Resource Committee
Virgen, Stephanie
Galarza, Neftali 1 Year
100
■
Delia Granados Deputy City Clerk 1/16/2025
Print Clear Page 428
Item 21.
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
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Page _____ of _____ 23
City of Coachella
1/16/2025
Coachella Valley
Association of
Governments (CVAG)
Public Safety Committee
Figueroa, Frank
Delgado, Denise
1/24/2024
1 Year
100
■
Coachella Valley
Conservation Commission
(CVCC)
Hernandez, Steven
Figueroa, Frank
1/24/2024
1 Year
100
■
Sunline Transit Agency
1) Board
2) Finance Committee
3) Taxi Committee
4) Chairman Executive
Committee ($50x1)
Delgado, Denise
Figueroa, Frank
1/24/2024
1 Year
25 ■
Coachella Valley
Mosquito & Vector Control
District Board
Figueroa, Frank 1/24/2024
1 Year
100
■
Riverside County
Transportation
Commission (RCTC)
Hernandez, Steven
Virgen, Stephanie
1/24/2024
1 Year
120
■
Coachella/Indio Transfer
Joint Powers Authority Hernandez, Steven
Figueroa, Frank
1/24/2024
1 Year
50 ■
Print Clear Page 429
Item 21.
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
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Page _____ of _____ 33
City of Coachella
1/16/2025
Coachella Valley
Mountains Conservancy Delgado, Denise
Figueroa, Frank
1/24/2024
1 Year
75 ■
Southern California
Association of
Governments General
Assembly
Delgado, Denise 1/24/2024
1 Year
120
■
Palm Springs International
Airport Commission Delgado, Denise 1/24/2024
1 Year
75 ■
Print Clear Page 430
Item 21.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Celina Jimenez, Director of Economic Development
SUBJECT: Amend the Façade Improvement Grant Program Guidelines to Allow Interior Improvement Investments to Count as Leveraging for the Exterior Improvements
STAFF RECOMMENDATION:
Staff recommends that the City Council considers amending the Façade Improvement Grant Program Guidelines to allow interior improvement investments to count as leveraging for the exterior improvements.
BACKGROUND:
The Commercial Façade Improvement Grant Program (“Program”) is an endeavor of the City of Coachella to leverage public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Downtown Pueblo Viejo Area and the segments of Cesar Chavez Street between Sixth Street and Avenue 52 and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard. The long‐term objective is to upgrade the Downtown Pueblo Viejo Area by improving the physical appearance of the area, encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for the properties.
The program also seeks to fund improvements which create outdoor dining or gathering spaces to promote activity in the downtown.
DISCUSSION/ANALYSIS:
Amending the Façade Improvement Program Guidelines to allow interior improvement investments to count as leveraging for the exterior improvements might remove a barrier to participation and allow more business owners to participate in the program.
FISCAL IMPACT
This amendment will not have additional fiscal impact.
Item 22.
ALTERNATIVES
1. Amend the Façade Improvement Grant Program Guidelines to Allow Interior Improvement Investments to Count as Leveraging for the Exterior Improvements
2. Do not approve the recommendation to amend the guidelines.
ATTACHMENTS:
1. Commercial Corridor Façade Improvement Grant Program Guidelines (Revised)
Item 22.
CITY OF COACHELLA
E C O N O M I C D E V E L O P M E N T D E P A R T M E N T
COMMERCIAL CORRIDOR
FAÇADE IMPROVEMENT
GRANT PROGRAM GUIDELINES
Item 22.
Commercial Corridor Façade Improvement
Grant Program Guidelines
1. PROGRAM OVERVIEW
The Commercial Façade Improvement Grant Program (“Program”) is an endeavor of the City of Coachella to leverage public funds and private investment to enhance the physical appearance and economic vitality of commercial businesses in the Downtown Pueblo Viejo District and the segments of Cesar Chavez Street between Avenue 52 and Sixth Street and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard.
The Program offers two types of façade improvement grants, as well as up to a maximum of ten hours of architectural fees or five hours of design assistance to help cover design costs. The Program runs concurrent to the City’s fiscal year schedule (July 1 – June 30). The Program features open enrollment; applications shall be considered on a first‐come, first‐served basis.
The long‐term objective is to upgrade the Downtown Pueblo Viejo District and the segments of Cesar Chavez Street between Avenue 52 and Sixth Street and Sixth Street between Cesar Chavez Street and Grapefruit Boulevard, by improving the physical appearance of the area, encouraging the retention of existing businesses, increasing property values, tenant stability, and lease rates for the property.
The program also seeks to fund improvements which create outdoor dining or gathering spaces to promote activity in the downtown.
The City reserves the right to audit, inspect, and ensure compliance with these guidelines at any time.
2. PROGRAM COMPONENTS
A. Architectural Design or Design Assistance
The City will provide architectural design services to approved applicants, up to a maximum of ten hours, for exterior commercial building façade improvements. The City will also reimburse applicants for the services of a professional designer (for paint/signage/awnings selection) for up to five hours. The City may require repayment of design assistance costs if the project does not commence within six months of receiving design services.
B. Façade Improvement Grants
i. Mini‐Grant – This grant provides for reimbursement of up to Five Thousand dollars ($5,000) for commercial building façade improvements with no match requirement.
Projects must be completed within 12 months of grant approval or Building Permit issuance.
ii. Matching Grant – This grant will provide a reimbursable matching grant of two‐thirds (66%) of eligible project costs, up to a maximum of One Hundred Thousand dollars ($100,000) The total cost of the improvement work must be more than Five Thousand dollars ($5,000). Receipt of a matching grant requires the approved applicant to contribute a minimum of one‐third of the total cost of the façade improvement costs. Projects must be completed within 18 months of Building Permit issuance.
Item 22.
Grant proceeds are to be used for labor and materials directly related to the façade construction. Tools may not be purchased with grant funds, but tool rental is allowable.
Program funds are to be used for exterior building improvements rather than simple routine maintenance. All improvements completed through the Façade Improvement Program are “public work” as that term is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et seq., prevailing wages shall be paid for all façade improvements. Use of volunteer labor is not allowed. All estimates and payments for construction and installation of façade improvements shall include prevailing wages, and shall otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the California Labor Code and all other applicable laws and regulations with respect to prevailing wages. Participants in the program are responsible for ensuring that the improvements are in compliance with the Prevailing Wage Law. ***If payments directly to contractor***:Grant awards will be paid directly to the selected qualified contractor.*** ***If reimbursement***: Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued after City deems the project complete, and upon the submission of invoices and proof of payment and subject to approval of those invoices and proofs of payment by City staff.
This program is primarily geared toward commercial property owners. However, business owners who have long‐term leases (five or more years) wishing to participate in the Façade Improvement Program may also apply. Applications for business owners will be reviewed on a case‐by‐case basis.
If any portion of the grant funds is misused, the grantee agrees to repay the full amount of the grant.
C. Fee Exemption
Applicants for this program are exempt from planning and building permit fees by the City Manager, who is authorized to waive City fees associated with this program. This fee exemption does not apply to fees mandated by the State of California including, but not limited to, the Strong Motion Instrument program fee and the California Green Building fees.
The City Manager may revoke the fee exemption if the grantee fails to meet program requirements or deadlines.
3. ELIGIBILITY
D. Eligible Applicants/Areas
Owners or long term tenants* of commercially zoned property located within one of the following areas are eligible to apply for assistance:
▪ Cesar Chavez Street between Avenue 52 and Sixth Street ▪ Sixth Street between Cesar Chavez Street and Grapefruit Boulevard *Tenants with long‐term leases (five or more years remaining on the lease at the time a Program application is submitted) must have the property owner’s written consent before any improvements are made. In addition, the grant application must be signed by the property owner.
Item 22.
E. Eligible Types of Improvements
All improvements shall conform to City Building Codes, Zoning Ordinance, and applicable Design Guidelines. Eligible improvements include, but are not limited to:
• Removal of old signs, awnings and other exterior clutter • Exterior painting
• Repair or replacement of exterior siding (including the construction of new façade elements and architectural details)
• Installation of new entry doors that meet ADA accessibility requirements • Installation of display windows
• Installation of new canvas awnings over windows and entries • Installation of new signs
• Installation of new exterior lighting
• Installation of permanent landscaping
• Exterior mandatory Title 24 upgrades
• Construction of outdoor dining or gathering spaces
• Awnings and Canopies: Installation of permanent awnings and canopies. • Exterior Walls: Repair, restore or rebuild vertical or parapet walls, including cleaning, sealing, tuckpointing, patching, painting or replacement of siding or masonry.
• Exterior Building Materials: Removal of exterior building materials on the façade that are not original or are in excess to the building.
• Exterior Doors: Repair, restore, replace, and install doors and hardware used to provide public access.
• Exterior Windows: Install, replace or repair windows, frames, sills, glazing or glass. • Shutters: Repair, restoration, replacement or addition of exterior shutters, where they relate to exterior windows.
• Gutters and Downspouts: Install, replace or repair gutters and downspouts. • Stairs, Sidewalks, Porches, Porticos, Railings or Colonnades: Repair, replace or install these exterior elements where they affect access to the building.
F. Other Eligibility Criteria
▪ Owners and/or tenants of commercial properties in a Program Eligibility Area that meet the Small Business Administration (SBA) definition for a small business in their unique North American Industry Classification (NAICS) codes.
▪ Non-profit organizations, as defined by Section 501(c) of the Internal Revenue Code, will also be eligible.
▪ Owners and/or tenants of commercial properties in a Program Eligibility Area. ✓ Tenant must receive approval from property owner.
✓ Owner must have owned the building prior to January 1, 2021. ✓ Tenant must have been in business at the location prior to January 1, 2021. ▪ Property must currently be in compliance with all Zoning and Unified Development Code requirements or commit to complying prior to completion of the proposed project.
Item 22.
▪ Applicant and/or property owners must be current on all City property taxes. ▪ No City liens against applicant and/or property owner. ▪ Property and all proposed improvements must face and be visible from the public right-ofway. ▪ Ability to meet program insurance requirements.
G. Additional Improvements - Additional improvements that are deemed to be consistent with the intent of the program will be reviewed and approved/disapproved on a case‐by‐ case basis by the Economic Development Director and Development Services Director.
H. Ineligible Applicants
▪ Franchisors (local or non-local)
▪ Gambling/Gaming Businesses
▪ Sexually oriented Businesses
▪ Payday or Auto Loan Providers
▪ Liquor Stores
▪ Tobacco, CBD, and Vape Stores
▪ Government-owned and/or occupied buildings
▪ Any business in which a city employee or elected official has a financial interest, as defined in the City’s Ethics Code
I. Ineligible Contractors. Applicant(s) shall not award any contract for work, to any contractor who does not have a valid state contractor’s license, cannot produce sufficient evidence of current Worker’s Compensation and Liability Insurance coverage, or is a family member of applicant.
4. GRANT PROCESS
A. Submit an application for grant funds. Submit a completed application detailing all exterior improvements and an itemized estimate of the total project cost. Be as specific as possible. The project list may contain improvements beyond what would be funded by the grant. Projects that include conceptual architectural plans shall be considered favorably. All proposed façade projects/remodels must be approved by the Development Services Director prior to being accepted into the program.
B. Informational Meeting. Applicants will meet with representatives from Planning & Building to review the entitlement process and building permit process and to answer any questions that the businesses may have.
C. City Staff will review grant applications. Staff will review the application with the business owner, discuss the scope of work, determine a timeline and review the remaining process for the grant.
D. The Economic Development and Planning Sub-Committee will consider request and select grant awardees. Selection preference will be provided to projects which significantly revitalize and beautify the Cesar Chavez Street corridor between Avenue 52
Item 22.
and Sixth Street AND Sixth Street between Cesar Chavez Street and Grapefruit Boulevard.
E. Grant funds reserved. Upon approval of a grant application, including scope of work and timeline, an agreement will be signed between the applicant and City.
F. Planning Approval. If planning approval is required, the applicant is responsible for submitting project plans prepared by a licensed architect through the Planning Division.
G. Building Permit Approval. If a Building Permit is required, the applicant is responsible for submitting plans that meet all Code requirements through the Building Division.
H. Complete Work. After receiving all required approvals and permits the applicant shall complete the improvements within twelve (12) months for Mini‐Grants and eighteen (18) months for Matching Grants. The applicant shall be responsible for contacting City staff to request an extension if necessary. An extension is not guaranteed.
I. Submit invoices, receipts, and proof of payment. The applicant shall save all documentation as required and submit within 30 days of project completion or Building permit final. The City may audit these submissions and has the right to withhold funds if any discrepancies are found.
5. FUNDING
Funding for this Program is appropriated by the City of Coachella City Council as part of its annual budget process. There is no guarantee of the amount of funds that will be appropriated each year.
Funds for the Program are available on a first come, first served basis. If funds are exhausted at the time of application submittal, staff will retain the application. If additional funds become available, staff will contact applicants in the order applications were received.
Grant Amounts
Eligible property owners or tenants who propose façade improvements can apply for one of two grants.
1. Mini‐Grant
This grant provides reimbursement for commercial building façade improvements to approved applicants in the amount of up to Five Thousand Dollars ($5,000), with no match requirement.
2. Matching Grant
This grant provides reimbursement to approved applicants for a reimbursable matching grant of two‐thirds (66%) of eligible project costs, up to a maximum of One Hundred Thousand Dollars ($100,000). The total cost of the façade remodel must be more than Five Thousand dollars ($5,000). Receipt of a Matching Grant requires the applicant to contribute one‐ third of the total cost of the façade remodel, and to document its expenditures.
Leveraging. The Façade Improvement Program allows improvement done to the interior of
Item 22.
the property to count as leveraging for the exterior improvements. Grantees may, upon approval from the City, use funds invested in interior improvements as part of their required one-third match, subject to the following conditions: (a) the City may require an appraisal of the interior improvements by a city-approved appraiser to determine their value; (b) the interior improvements must be directly related to or enhance the commercial use of the property, thereby indirectly supporting the exterior façade improvements; (c) the improvements must be considered permanent fixtures with a depreciated value at least equivalent to the grantee’s matching contribution; (d) grantees must provide detailed documentation of these interior improvements including invoices, receipts, and proof of payment, to substantiate the value claimed as match; (e) the City may require the recording of a document against the property that acknowledges the use of interior improvements as part of the match, ensuring that the grant agreement’s terms regarding maintenance and use continue to apply.
The City of Coachella reserves the right to cancel or modify this Program at any time prior to grant approval, without notice. Continuation of the Program is subject to sufficient funding as appropriated by the City of Coachella City Council.
Item 22.
6. IMPLEMENTATION WORK
All improvements shall conform to the City of Coachella Building Codes, Zoning Ordinance, and applicable Design Guidelines. Proposed façade remodels are required to comply with Chapter 17 of the City’s Zoning Ordinance. Project improvements commenced prior to the City’s issuance of a Notice to Proceed are not eligible for this Program.
Failure to comply with any part of these guidelines or to complete the project as agreed may result in the forfeiture of future eligibility to any City grants and may require repayment of funds received.
City staff will be available to work with approved applicants to assist in the coordination of the project. City staff will carry out periodic inspections.
I, have read and received a copy of these guidelines.
Printed Name
Date Signature
Item 22.
Commercial Corridor Façade Improvement
Grant Program Application
Please fill out this application completely and submit or send to: City of Coachella
Attention: Economic Development Department
53462 Enterprise Way
Coachella, CA 92236
(760) 262-6263
[email protected]
SECTION 1. APPLICANT INFORMATION
Name:
Circle All That Apply: Property Owner Business Owner/Tenant Business Name:
Property Address:
Mailing Address:
Assessor’s Parcel Number:
Daytime Phone Number:
Email:
Total Number of Businesses in Building:
Name(s) of Other Businesses:
SECTION 2. PROPERTY OWNER INFORMATION (complete if tenant is applicant) Property Owner Name:
Property Owner Mailing Address:
Property Owner Daytime Phone Number:
As the legal owner of the above property, I hereby grant authorization to complete the façade improvements indicated on this application.
Signature: Date:
Item 22.
SECTION 3. FUNDING
Grant (please check one):
□ Mini‐Grant (Reimbursement in the amount up to $5,000) □ Matching Grant (Reimbursement of two‐thirds the total project cost up to $100,000 with a minimum total project cost above $5,000)
Grant Amount Requested: $
Estimated Total Project Cost: $
Leveraging: $_______________________________
SECTION 4. SCOPE OF WORK
General Description of Work:
SECTION 5. ACKNOWLEDGMENT
We certify that the owner is the property owner of record and that there are no current code enforcement actions pending against the property.
I have read and understand the Program Guidelines and accept them.
I certify that I am qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Coachella in the implementation of this project.
Property Owner(s) Signature: Date:
Date:
Business Owner(s) Signature: Date:
Date:
Item 22.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Rene Rosales, Code Compliance Manager
SUBJECT: Amendment to Contract with Demo Unlimited, Inc. to Complete Asbestos Abatement and Demolition of the Property at 52-156 Tripoli Way in the amount of $87,923.39.
STAFF RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to execute the attached amended contract with Demo Unlimited, Inc. in the amount of $87,923.39 (augmenting the existing scope by $47,533.57) to complete asbestos abatement and demolition of the property at 52-156 Tripoli Way.
BACKGROUND:
On October 1, 2024, the City Council granted authorization to the City Manager to enter into a contract with Demo Unlimited, Inc. for $40,389.82. This contract is for the demolition and asbestos abatement of the structure located at 52-156 Tripoli Way. Situated within a residential neighborhood, this property has been the focus of Code Enforcement actions since 2017. It has been a public nuisance to neighboring residents and has been consuming public resources, including those of city staff, police, and fire services. To address the nuisance conditions at this site, the City opted to acquire the property through a tax sale on April 25, 2024, with plans to demolish it following the completion of asbestos abatement.
DISCUSSION/ANALYSIS:
South Coast Air Quality Maintenance District requested additional testing and abatement requirements for the asbestos abatement and demolition of the 52-156 Tripoli structure. The new requirement adds an additional $47,533.57 of asbestos abatement. The original asbestos abatement was 108 SF of flooring. The new requirement is asking for 1,072 SF of flooring abatement. 108 SF of debris from bathroom and hallway now require 3,604 SF of abatement.
The contract will pay Demo Unlimited Inc. $87,923.39 for the demolition and asbestos abatement of the 52-156 Tripoli structure.
Item 23.
Furthermore, pursuant to CMC section 4.08.120(G), approval of the amended contract is in the best interest of the City. This property has an extensive code enforcement history, and its substandard state makes it an attractive nuisance, and creates a threat to the public health, safety, and welfare of the City. It is thus in the best interest of the City to move forward in the demolition of this property.
FISCAL IMPACT:
An appropriation of $87,923.39 from the general fund will be required to authorize the demolition and asbestos abatement of the 52-156 Tripoli structure.
ATTACHMENTS:
1. Amended Demo Unlimited Inc. Agreement
2. South Coast AQMD Revised Procedure 5 Plan
3. Property Photos 2/4/2025
Item 23.
Attachment 1
LETTER AGREEMENT BETWEEN DEMO UNLIMITED AND CITY OF
COACHELLA
February 12, 2025
Attn: Chris Bloch
Demo Unlimited Inc.
51-350 Desert Club Drive Suite #3
La Quinta CA 92253
Re: Letter of Agreement for 52-156 Tripoli Way Demolition Project Dear Mr. Chris Bloch:
This letter shall be our Agreement regarding the Demolition project of a single family dwelling described below (“Services”) to be provided by Demo Unlimited Inc., a partnership, (“Contractor”) as an independent contractor to the City of Coachella for the demolition of 52156 Tripoli Way project. (“Project”).
The Services to be provided include the removal of Asbestos abatement, structure, foundation, driveway, vegetation and all trash from site. The Services to be provided are more particularly described in the Scope of Services attached hereto as Exhibit “A” and incorporated herein by reference.
Contractor shall perform all Services under this Letter of Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Compensation for the above services shall be based on the bid not to exceed amount of eighty seven thousand nine hundred twenty three dollars and thirty nine cents. ($87,923.39).
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Item 23.
Attachment 1
Contractor shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Contractor is an employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers’ compensation coverage for such employees, which meets all requirements of state law. Contractor shall also provide errors and omissions professional liability insurance appropriate to its profession in an amount, with conditions and for a term acceptable to the City.
Invoices shall be submitted to the City monthly as performance of the Services progresses. City shall review and pay the approved charges on such invoices in a timely manner.
Services on the Project shall begin upon approval from city staff and be completed by April 4, 2025, unless extended by the City in writing. The City may terminate this Letter of Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Project completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter of Agreement for cause only.
To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor’s Services, including without limitation the payment of all consequential damages, expert witness fees, and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents, or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, official officers, employees, agents, or volunteers.
Item 23.
Attachment 1
If you agree with the terms of this Letter of Agreement, please indicate by signing and dating where indicated below. An original, executed copy of this Letter of Agreement is enclosed for your records.
CITY OF COACHELLA Demo Unlimited Inc.
Approved by: Reviewed and Accepted by Contractor:
William B. Pattison Chris Bloch
City Manager Demo Unlimited Rep.
Date: Date:
Approved as to Form:
_________________________________
Best, Best & Krieger
City Attorney
Item 23.
2024-08-17_City of Coachella Page 1 of 4 November 27, 2024 © 2024 Air Quality Testing Services www.desertaqts.com
Air Quality Testing Services, 73-725 El Paseo Suite 24B, Palm Desert, CA 92260 p | 760-238-6679 November 27, 2024
2024-08-17_City of Coachella
Asbestos Supervisor
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, California 91765
Subject: REV 1. PROCEDURE 5 PLAN
MISCELLANEOUS MATERIALS REMOVAL
RESIDENTIAL DWELLING
52156 TRIPOLI WAY
CITY OF COACHELLA, CALIFORNIA 92236
Dear Asbestos Supervisor:
On behalf of the City of Coachella (City), Air Quality Testing Services (AQTS) is requesting approval from the South Coast Air Quality Management District (SCAQMD) of this Rule 1403 Procedure 5 Plan (the Plan) to remove asbestos-containing miscellaneous materials (4-inch inside diameter [ID] pipe), asbestos-containing surfacing material (skim-coat with associated plaster, drywall, and debris on the joists and rafters) and asbestos-contaminated fire debris from the pipe and skim-coat on the floor of the residential dwelling (Site) located at 52156 Tripoli Way, City of Coachella, California 92269. The concrete 4-inch ID pipe is approximately 12 linear feet (LF), consisting of approximately 13 square feet (SF) of pipe. The skim coat and associated plaster, drywall and debris on the joists and rafters cover approximately 3,640 SF of the walls and ceilings of the building. The pipe and skim coat were significantly damaged by the fire, and debris and the debris on the floor (1,072 SF) were assumed to be an asbestos containing materials (ACM). The Assessment of asbestos containing materials ACMs is provided in the report “Revision 3 Hazardous Building Material Survey Report, 52156 Tripoli Way, City of Coachella, California 92236” (Report) prepared by AQTS, dated November 27, 2024.
All work performed to comply with the requirements with this Procedure 5 cleanup plan must be performed solely by the DOSH-registered abatement contractor that submitted the notification for this project.
Details concerning this project are presented in the following sections.
SCOPE OF THE OVERALL PROJECT
The City is demolishing the fire damaged single family residential dwelling (Project) for community safety. As reported in the Report, AQTS performed sampling of miscellaneous materials associated with the concrete 4-inch ID pipe (13 SF), the surfacing material (skim coat with associated plaster, drywall, and debris on the joists and rafters [3,640 SF]) and the debris on the floor are assumed to be ACM (1,072 SF). To protect the community and workers for demolition, the ACM pipe, ACM skim coat with associated plaster and drywall, and ACM debris will need to be removed.
Attachment 2
Item 23.
2024-08-17_City of Coachella Page 2 of 4 November 27, 2024 © 2024 Air Quality Testing Services www.desertaqts.com
Air Quality Testing Services, 73-725 El Paseo Suite 24B, Palm Desert, CA 92260 p | 760-238-6679
ASBESTOS MATERIAL AT THE SITE, ITS CONDITION, TYPE, AMOUNT, AND LOCATION The 4-inch ID concrete pipe contains 12% chrysotile asbestos. There is approximately 13 SF of ACM pipe which was significantly damaged and is friable. The skim coat contains less than 1% chrysotile asbestos and is assumed to be an ACM since the concentration is not able to be confirmed by 400-point count to not be an ACM. The skim coat was significantly damaged and was friable. The plaster, drywall, and debris on the joist and rafters associated with the skim coat were also assumed to be an ACM with the skim coat (3,640 SF). Since the skim coat and concrete pipe were significantly damaged, the debris on the floor were assumed to be an ACM (1,072 SF).
Therefore, Mr. Wesley Willow, California Division of Occupational Safety and Health (Cal/OSHA) Certified Asbestos Consultant (CAC) Number (No.) 22-7008 has assumed that the skim coat with associated plaster, drywall, and debris on the joists and rafters (3,640 SF) and debris field on the floor (1,072 SF), with the exception of large pieces of steel or wood debris, are an ACM and subject to rule 1403.
All ACM fire debris will be handled and disposed as friable asbestos-containing waste material (ACWM). A Material Location Map is provided as an attachment to the Plan.
ABATEMENT PROJECT STAGES WITH DATES AND TIMELINES
The abatement project will start once this Plan is approved by SCAQMD. It is anticipated that removal of the ACM pipe and ACM debris will take one day. The abatement project will be performed between the hours of 07:00 AM and 06:00 PM.
PROVISIONS FOR SITE PREPARATION AND CONTROL AND PREVENTION OF
CONTAMINATION MIGRATION, INCLUDING INGRESS/EGRESS ZONES Initially, clear 6-mil poly sheeting containment will be installed on the perimeter of the building.
Due to the fire damage and based on conversations with the Inland Contractors, Inc. (Abatement Contractor), a State-certified asbestos abatement contractor, applying poly sheeting to the roof is not feasible due to safety concerns. This would also make the setup of a negative pressure enclosure (NPE) not feasible.
A decontamination area including a 3-stage decontamination unit, and a hand washing area will be constructed at the entrance to the containment. The regulated work area boundary will consist of "Danger Asbestos" barricade tape and will be posted with appropriate asbestos warning signs in English and Spanish.
One lockable roll-off dumpster for friable asbestos-containing waste material (ACWM) storage, will be lined with two layers of transparent 6-mil poly and positioned adjacent to the regulated area.
ENGINEERING WORK PRACTICES AND ASBESTOS EMISSION CONTROLS The Abatement Contractor, will remove the 4-inch Concrete ACM pipe, skim coat with associated plaster and drywall, and ACM debris within the regulated area at the Site. Contact information for Abatement Contractor is included on the attached Contact List.
Attachment 2
Item 23.
2024-08-17_City of Coachella Page 3 of 4 November 27, 2024 © 2024 Air Quality Testing Services www.desertaqts.com
Air Quality Testing Services, 73-725 El Paseo Suite 24B, Palm Desert, CA 92260 p | 760-238-6679 ACM pipe will be removed by the Abatement Contractor intact by using hand tools (non-powered manually operated hand tools). The ACM pipe, the skim coat with associated plaster, drywall, and debris on the joists and rafters, and fire debris on the floor will be kept wet with amended water from an airless water sprayer. Before removing the ACM pipe, the abatement contractor will wrap and seal the sections of ACM pipe with two layers of transparent 6-mil poly sheeting, secured with duct tape to be leak tight and proper warning and waste labels. The wrapped section of pipe will then be loaded into the friable ACWM roll-off bin lined with two layers of transparent 6-mil poly.
Following completion of ACM pipe removal activities, the Abatement Contractor will remove the ACM skim coat with associated plaster, drywall and debris on joists and rafters, and the ACM debris on the floor. The ACM will be kept wet with amended water from an airless water sprayer.
ACM debris will be placed into transparent leak tight asbestos waste bags using hand tools (nonpowered manually operated hand tools) and loaded into the same friable ACWM roll-off bin storing the ACM pipe.
The abatement contractor will utilize Tyvek® suits, respirators with high efficiency particulate air (HEPA) filters, hard hats, steel toe boots, and leather or cut-resistant gloves as personal protective equipment during removal.
PROCEDURES FOR CLEAN-UP AND/OR DECONTAMINATION AFTER BULK REMOVAL Following completion of ACM debris removal activities in the regulated area, the Abatement Contractor will clean the concrete floor (1,072 SF) and the joist and rafters (3,640 SF) of the containment by first HEPA-vacuuming then wet wiping these surfaces and HEPA-vacuuming again. Once clean, a Division of Occupational Safety and Health (Cal/OSHA) Certified Asbestos Consultant (CAC) will visually inspect the containment area for any remaining ACM debris.
Remaining ACM debris, if observed, will be placed by hand into transparent asbestos waste bags by the abatement contractor and handled as stated in the previous section. Once the containment passes visual clearance, the abatement contractor will apply encapsulant to the concrete floor, joists, and rafters before taking down the containment.
Decontamination procedures for workers shall include removal of protective clothing by reverse-rolling the clothing material, placement of the removed garment into an appropriately-labeled transparent and leak tight waste disposal bag, and removal of gloves prior to entering the shower. Workers will shower off before entering the clean area. In the clean area, the workers shall remove their respirators and dry off before putting on street clothes. Eating, smoking, drinking, or other related activities will be prohibited inside the regulated work area, since these activities may potentially result in exposure to asbestos fibers. The abatement contractor shall ensure that its workers take proper care of their assigned respirators and safety equipment.
PROVISIONS FOR HANDLING, STORING, TRANSPORTING, AND DISPOSING OF
ASBESTOS-CONTAINING WASTE
The Abatement Contractor shall determine current waste handling, transportation, and disposal regulations for the work site and waste disposal landfill. The contractor shall comply fully with these regulations and all Department of Transportation (DOT) and United States Environmental Attachment 2
Item 23.
2024-08-17_City of Coachella Page 4 of 4 November 27, 2024 © 2024 Air Quality Testing Services www.desertaqts.com
Air Quality Testing Services, 73-725 El Paseo Suite 24B, Palm Desert, CA 92260 p | 760-238-6679 Protection Agency (USEPA) requirements. The asbestos waste material will be delivered for burial directly to the pre-designated disposal site within 5 days following the completion of the removal. All labels and signs used shall be in accordance with USEPA, Cal/OSHA, and DOT regulations. The waste containers shall be labeled with the generator’s information and kept locked when not in use. The abatement contractor shall fill out hazardous waste manifest forms for the Owner’s signature (as Generator). Original disposal receipts and manifests will be turned in at project completion to the Owner.
The disposal site chosen for friable ACWM shall be permitted to receive this type of waste.
AIR MONITORING TYPE AND CLEARANCE LEVEL TO BE ACHIEVED
The abatement contractor will be responsible for monitoring its employees’ exposure and maintaining proper records (pursuant to 29 Code of Federal Regulations 1926.1101 and 1910.1001). Daily air monitoring and clearance air monitoring is not planned for this abatement project because the Site is not accessible by the general public and will not be re-occupied following completion of removal activities. Final clearance for the removal activities will be performed by a CAC and will consist of visual clearance inspection only.
REMAINING ASBESTOS TO BE REMOVED OR MANAGED IN PLACE AND BY WHOM Once the removal activities are complete, ACM will no longer be present at the Site. In the event other ACMs are identified at the Site during future demolition activities, these materials will be managed in place or removed by the City as Site owner.
CLOSING REMARKS
Kleinfelder thanks the SCAQMD for its prompt consideration of this plan. Should you have questions, please feel free to contact Wesley Willow at (724) 612-0003.
Respectfully submitted,
KLEINFELDER, INC.
Wesley L Willow
Certified Asbestos Consultant No. 22-7008
Expires January 21, 2025
Attachments:
1 Contact List
2 Material Location Map
Attachment 2
Item 23.
2024-08-17_City of Coachella November 27, 2024
© 2024 Air Quality Testing Services www.desertaqts.com
Air Quality Testing Services, 73-725 El Paseo Suite 24B, Palm Desert, CA 92260 p | 760-238-6679 ATTACHMENT 1
CONTACT LIST
Item 23.
2024-08-17_City of Coachella Page 1 of 1 November 27, 2024 © 2024 Air Quality Testing Services www.desertaqts.com
Air Quality Testing Services, 73-725 El Paseo Suite 24B, Palm Desert, CA 92260 p | 760-238-6679
CONTACT LIST
MISCELLANEOUS MATERIALS REMOVAL
RESIDENTIAL DWELLING
52156 TRIPOLI WAY
CITY OF COACHELLA, CALIFORNIA 92236
List of Companies and Contacts
Abatement Contractor: Inland Contractors, Inc.
231 East Alessandro Boulevard, Suite A388
Riverside, CA 92508
Phone: (951) 276-0600
Fax: (951) 276-0602
California CLSB License No.: 887337
DOSH Asbestos Registration No.: 924
Abatement Project Contact: Franklin Greenawalt
Cell: (951) 413-4641
Owner: City of Coachella
Code Compliance Manager: Rene Rosales
Office: (760) 398-4978 Ext. 116
Email: [email protected]
Consultant Air Quality Testing Services
Wesley Willow, CAC
Cell: (724) 612-0003
Email: [email protected]
Item 23.
2024-08-17_City of Coachella November 27, 2024
© 2024 Air Quality Testing Services www.desertaqts.com
Air Quality Testing Services, 73-725 El Paseo Suite 24B, Palm Desert, CA 92260 p | 760-238-6679 ATTACHMENT 2
MATERIAL LOCATION MAP
Item 23.
DRAWN BY: Wesley Willow
DATE: November 27, 2024
PLATE
1 Material Location Map
52156 Tripoli Way
Coachella, CA 92269
73-725 El Paseo Ste. 24B
Palm Desert CA 92260
The information included in this graphic representation has been compiled from a variety of sources and is subject to change without notice. Air Quality Testing Services makes no representations or warranties, express or implied, as to the accuracy, completeness, timeliness, or rights to the use of such information. This document is not intended for use as a land survey product, nor is it designed or intended as a construction design document. The use or misuse of the information contained on this graphic representation is at the sole risk of the party using or misusing the information. 4-Inch Concrete ACM Pipe
ACM Debris and Ceiling/Rafters
ACM Walls/Joists
Item 23.
PHOTOS TAKEN
02/04/2025
52-156 Tripoli Way
Attachment 3
Item 23.
STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Rene Rosales, Code Enforcement Manager
SUBJECT: Authorize a Community Sponsorship to Animal Action League in the Amount of $25,200.00 to Support Public Spay/Neuter Clinic Events STAFF RECOMMENDATION:
Staff recommends that the City Council consider awarding a sponsorship to Animal Action League in the amount of $25,200.00 to support upcoming spay/neuter clinic events for residents of the City of Coachella.
BACKGROUND:
Animal Action League (AAL), a 501(c) 3 non- profit corporation, was founded in 1989 for the express purpose of providing spay/neuter services for underprivileged cats and dogs. After working for 15 years in affordable spay/neuter clinics, it became obvious that those in most desperate need of this service were not being reached. Although this service was offered free to low income pet owners, there was as high as a 50% “no show” rate. In checking with these owners, the “no show” cause was due to transportation problems or they forgot, other plans intervened – in other words – such service was not high on the owner’s agenda.
Studies have determined that 3% of the pet-owning population is creating an overpopulation problem, which are primarily low income and/or non-motivated pet owners. AAL determined that a mobile clinic would be the most effective way to address this issue. It was determined that AAL could offer quality, “no frills” service and bring it directly to these communities, where these animals most desperately need help. In 2005, their goal was realized by acquiring a 32 foot, custom built, mobile, spay/neuter trailer.
In 2024, Animal Action League received a city sponsorship for $16,000.00, which led to remarkable achievements. They organized five clinics, successfully completing 146 surgeries and vaccinating over 2,000 pets. These initiatives not only improved the health of numerous animals but also fostered a stronger bond between the community and its furry companions.
Item 24.
DISCUSSION/ANALYSIS:
Animal Action League (AAL) is requesting funding support to conduct seven (7) public spay/neutering clinic events for the residents of the City of Coachella. AAL will plan seven free upcoming spay/neutering clinics in the City of Coachella for the Fiscal Year 2025/2026 for any resident that shows proof of residency, such as a government issued identification card, utility bills/credit card statement, rental/lease agreement, etc. Each clinic has a cost recovery of $3,600.
During each clinic event, the following items below will be included:
Professional Veterinary staff for an average of 27 to 33 spay/neuters surgeries. Office staff for paperwork, money collection and receipts. Staff and Volunteers to organize check-in table and clients. Surgical Trailer to house pets safely and comfortably. Pain shot and preventive antibiotic injection at time of surgery. Aftercare Medical phone line for clients for any questions or concerns after surgery.
ALTERNATIVES:
1. Authorize sponsorship request to AAL for $25,200 to conduct seven (7) public spay/neutering events in the City of Coachella.
2. Not Authorize sponsorship request to AAL to conduct any public spay/neutering events in the City of Coachella.
FISCAL IMPACT:
Should the City Council approve the staff recommendation, an appropriation of $25,200 from the City General Fund will be required to authorize this sponsorship request.
RECOMMENDED ALTERNATIVE(S):
Staff recommends Alternative #1 as noted above.
ATTACHMENTS:
1. AAL Proposal for the Public Spay/Neuter Clinic Events
Item 24.
ANIMAL ACTION LEAGUE P.O. BOX 1413
A Non-profit Corporation JOSHUA TREE, CA 92252
Tax ID # 33-0345283 PHONE: 760-366-1100
FAX: 760-366-7300
TO: CITY OF COACHELLA December 20th, 2024
53-990 ENTERPRISE WAY
COACHELLA, CA 92236
On December 11th, 2023, the City of Coachella granted our organization a check of $16,000.00 to fund five spay/neuter clinics targeting the city residents of Coachella. These clinics were a huge success! The clinics were held in Bagdouma Park on January 25th, March 27th, May 21st, September 10th and December 17th with a grand total of 146 spay/neuter surgeries for city residents.
We would love to continue these Spay/Neuter clinics in 2025, because the need is still there.
During the city funded clinics, we hold scheduling sign-ups for future spay/neuter appointments targeting the residents of Coachella. This list continues to grow every month. We recognize this grant is bringing a solution to their residents by offering low cost spay/neuter clinics. The City of Coachella values the importance of pet overpopulation and the effect it has on their city and local county shelter. This grant has made a difference in 2024 and we want to continue our mission together in 2025.
PROPOSAL FOR PUBLIC SPAY/NEUTER CLINIC
REQUEST AMOUNT: $25,200.00
BREAKDOWN:
COST OF EACH CLINIC: $3,600.00 (with an optional donation of $30 per pet from client) 7 CLINICS TOTAL: $25,200.00
WHAT IS INCLUDED:
• Professional Veterinary staff for an average of 27 to 33 spay/neuters surgeries. • Office staff for paperwork, money collection and receipts. • Staff and Volunteers to organize check-in table and clients. • Surgical Trailer to house pets safely and comfortably. • Pain shot and preventive antibiotic injection at time of surgery. • Aftercare Medical phone line for clients for any questions or concerns after surgery.
WHAT IS NOT INCLUDED*:
Attachment 1
Item 24.
ANIMAL ACTION LEAGUE P.O. BOX 1413
A Non-profit Corporation JOSHUA TREE, CA 92252
Tax ID # 33-0345283 PHONE: 760-366-1100
FAX: 760-366-7300
• Take home Pain Medication
• Vaccinations
• Nail Trims
• Microchips
• E-collars
*All these items are offered to pet owners at time of check in for an additional low cost.
Thank you for your consideration. Please let me know if there is anything else you would like us to provide. We look forward to working with your city in the future.
Sincerely,
Melody Farnik- Director
Animal Action League
Attachment 1
Item 24.
1 STAFF REPORT
2/12/2025
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Approval of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Like Exchange for the KPC Coachella Specific Plan SPECIFICS: Resolution No. 2025-05 approving the Coachella Valley Multiple Habitat Conservation Plan Like Exchange for the KPC Coachella Specific Plan
STAFF RECOMMENDATION
Staff recommends that the City Council take the following action:
Adopt Resolution No. 2025-05 approving the Coachella Valley Multiple Habitat Conservation Plan Like Exchange for the KPC Coachella Specific Plan.
EXECUTIVE SUMMARY:
The KPC Coachella Specific Plan proposes the development of a 2800-acre project in the northeast area of the City of Coachella as shown on Figure 1 below. The Draft Environmental Impact Report should be released for public review within the next few months. Public hearings at the Planning Commission and City Council will occur sometime following completion of the Final Environmental Impact Report.
Figure 1
Item 25.
2 The entire project site is located within the boundaries of the Coachella Valley Multiple Species Plan (CVMSHCP). To provide westerly access to the project site, the project proposes the extension of Vista Del Norte across the All-American canal through the East Indio Hills Conservation Area (EIHCA) as shown on Figure 2 below.
Figure 2
The land proposed for the Vista Del Norte Crossing occurs within the southern terminus of the EIHCA as shown on the exhibit above. Since the Vista Del Norte Crossing, as planned, is wider than the maximum road width considered a Covered Activity under the CVMSHCP, the Like Exchange has been prepared to compensate for the loss of habitats within the EIHCA.
Development of the project would result in both positive and negative impacts to habitat and natural communities. The Vista Del Norte Crossing is not located within a CVMSHCP designated sand transport/sand source area or mapped biological corridor/linkage. Therefore, no impacts to CVMSHCP mapped biological corridors or essential ecological processes (i.e., sand transport/sand source areas) are expected to occur. It should be noted that all impacts to the EIHCA will be mitigated.
The proposed development of the Vista Del Norte Crossing will result in a total of approximately
64.67 acres of impact to the EIHCA (refer to Exhibit 2 above). The physical development of the Vista Del Norte Crossing within the EIHCA will result in 3.42 acres of permanent impacts and 4.5 acres of temporary impacts, totaling 7.92 acres of impacts. Additionally, approximately 56.75 acres of indirect impacts will occur to the southern terminus of the EIHCA from the development of the crossing. The area of impact associated with the physical development of the crossing within the EIHCA has been minimized to the maximum extent practicable.
Item 25.
3 To offset impacts related to biological resources (64.67 acres) within the EIHCA, KPC has acquired and proposes to dedicate 100 acres of land, under private ownership by the Applicant, to be included in the Dos Palmas Conservation Area (DPCA) within unincorporated Riverside County. The 100 acres is located adjacent to the DPCA as shown on Figure 3 below. The 100 acres will be used to offset the 64.67 acres of impacts to land within the City of Coachella’s portion of the EIHCA from implementation of the proposed project, resulting in a net increase of 35.33 acres of land being added to the DPCA (refer to Figure 3). The 100 acres of land that will be added to the DPCA is surrounded by undeveloped/vacant land that is under a mix of both private and government/non-profit organization management.
Figure 3
BACKGROUND:
The Like Exchange process, referred to within the CVMSHCP allows for Permittees to request a reduction of a Conservation Area in one locale in exchange for expanding a Conservation Area in another locale. To request such a boundary modification, a Permittee must seek wildlife agency concurrence on an equivalency analysis documenting that the proposed Conservation Area expansion is of equal or greater conservation value than the Conservation Area reduction. Like exchanges are generally requested when a proposed development is inherently inconsistent with Conservation Area Conservation Objectives. For example, insufficient take may be available within the Conservation Area, or infrastructure required to support the development may exceed the limits of what can be considered a Covered Activity.
Item 25.
4 Based on the CVMSHCP, on-site portions of the EIHCA are located within the core habitat for flat-tailed horned lizard, Le Conte’s thrasher, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. On-site portions of the EIHCA support two natural plant communities, Sonoran creosote bush scrub and mesquite hummocks, one non-native plant community, Tamarisk Scrub, and disturbed and developed land associated with the All-American Canal and adjacent areas as shown on Figure 4.
Figure 4
Discussion/Analysis
This proposed modification to CVMSHCP conservation within the EIHCA (reduction) and DPCA (addition) will result in biologically superior conservation acreage and value using the mandatory categories for equivalency analysis listed in the CVMSHCP Section 6.12.2, summarized as follows:
The conservation of suitable habitat and level of take of MSHCP covered species with the proposed modifications to the EIHCA and DPCA would be biologically superior to what would otherwise occur;
The proposed modification would result in greater benefits to natural communities as compared to those benefits analyzed under the MSHCP;
The function and values of existing biological corridors and essential ecological processes are not expected to be reduced by the proposed modification; The proposed modification would result in biologically superior conservation configuration, and management requirements are not expected to significantly differ compared to what would have occurred under the MSHCP;
Item 25.
5 Ecotones and overall species diversity are expected to be increased by the proposed modification;
The additional conservation parcels are greater in size, resulting in a greater acreage in MSHCP Conservation Areas; and
The three parcels that constitute the additional conservation land have been acquired by the Applicant and, therefore, will be under the direct ownership of the applicant before being deeded to CVCC.
Based on this analysis, the proposed modification of conservation within the EIHCA and DPCA will result in biologically superior conservation value compared with implementation of the CVMSHCP without the proposed project and additional conservation that will be added as a result of the Like Exchange.
The proposed Like Exchange was submitted to the California Department Fish and Wildlife and the US Fish and Wildlife (Wildlife Agencies) for a 60-day review period on October 16, 2024. On January 14, 2025, the Wildlife Agencies transmitted their concurrence that the Like Exchange would result in equal or greater benefits to Covered Species and conserved natural communities as compared to those benefits analyzed in the CVMSHCP. (See Exhibit A). The Wildlife Agencies did identify a concern regarding the conservation area design for the land proposed for addition to the DPCA. The Agencies stated that the design will result in a donut-shaped configuration of the DPCA with unconserved land in the center. The Wildlife Agencies are concerned about the potential for increased edge effects associated with potential future development within the center area. To address this issue, the Wildlife Agencies request that CVCC incorporate the conservation of parcels within this center area into the acquisition strategy for the DPCA. Since the DPCA is located entirely within Riverside County, the Riverside County Board of Supervisors will need to approve the Like Exchange. The points raised by the Wildlife Agencies can be incorporated within the acquisition strategy for the DPCA.
Environmental Analysis
The proposed Like Exchange is exempt from CEQA pursuant to Section 15325 (a).
CLASS 25: TRANSFERS OF OWNERSHIP OF INTEREST IN LAND TO PRESERVE
EXISTING NATURAL CONDITIONS
Class 25 consists of the transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources. Examples include but are not limited to:
(a) Acquisition, sale, or other transfer of areas to preserve the existing natural conditions, including plant or animal habitats.
Correspondence
A letter dated January 14, 2025, from the Wildlife Agencies was received and is included in Attachment No. 2.
Item 25.
6 FISCAL IMPACT:
There are no costs to the City for the Coachella Valley Multiple Habitat Conservation Plan Like Exchange effort and these costs are assumed by the KPC Specific Plan applicant.
Alternatives
1) Approve Resolution No. 2025-05 approving the Coachella Valley Multiple Habitat Conservation Plan Like Exchange for the KPC Coachella Specific Plan 2) Deny Resolution No. 2025-05 and not approve the Coachella Valley Multiple Habitat Conservation Plan Like Exchange for the KPC Coachella Specific Plan 3) Continue this item and provide staff with direction.
Recommended Alternative
Staff recommends that the City Council approve Alternative #1.
Attachments:
1. Resolution No. 2025-05 - Approval of Coachella Valley Multiple Habitat Conservation Plan Like Exchange for the KPC Coachella Specific Plan
Exhibit A: Like Exchange Analysis prepared by ELMT Consulting
2. Correspondence from Wildlife Agencies
Item 25.
RESOLUTION NO. 2025-05
A RESOLUTION OF THE COACHELLA CITY COUNCIL
APPROVING THE COACHELLA VALLEY MULTIPLE
SPECIES HABITAT CONSERVATION PLAN LIKE EXCHANGE FOR THE KPC COACHELLA SPECIFIC PLAN; THE KPC GROUP, APPLICANT
WHEREAS, The KPC Coachella Specific Plan proposes the development of a 2800-acre project in the northeast area of the City of Coachella and; WHEREAS, the Draft Environmental Impact Report should be released for public review within the next few months. Public hearings at the Planning Commission and City Council will occur sometime following completion of the Final Environmental Impact Report and; WHEREAS, the entire 2800 acre project site is located within the boundaries of the Coachella Valley Multiple Species Plan (CVMSHCP). To provide westerly access to the project site, the project proposes the extension of Vista Del Norte across the All-American canal through the East Indio Hills Conservation Area (EIHCA) and:
WHEREAS, the land proposed for the Vista Del Norte Crossing occurs within the southern terminus of the EIHCA. Since the Vista Del Norte Crossing, as planned, is wider than the maximum road width considered a Covered Activity under the CVMSHCP, the Like Exchange has been prepared to compensate for the loss of habitats within the EIHCA and; WHEREAS the Vista Del Norte Crossing is not located within a CVMSHCP designated sand transport/sand source area or mapped biological corridor/linkage. Therefore, no impacts to CVMSHCP mapped biological corridors or essential ecological processes (i.e., sand transport/sand source areas) are expected to occur and;
WHEREAS, the proposed development of the Vista Del Norte Crossing will result in a total of approximately 64.67 acres of impact to the EIHCA. The physical development of the Vista Del Norte Crossing within the EIHCA will result in 3.42 acres of permanent impacts and 4.5 acres of temporary impacts, totaling 7.92 acres of impacts. Additionally, approximately 56.75 acres of indirect impacts will occur to the southern terminus of the EIHCA from the development of the crossing. The area of impact associated with the physical development of the crossing within the EIHCA has been minimized to the maximum extent practicable and;
Item 25.
WHEREAS, to offset impacts related to biological resources (64.67 acres) within the EIHCA, KPC has acquired and proposes to dedicate 100 acres of land, under private ownership by the Applicant, to be included in the Dos Palmas Conservation Area (DPCA) within unincorporated Riverside County. The 100 acres is located adjacent to the DPCA. The 100 acres will be used to offset the 64.67 acres of impacts to land within the City of Coachella’s portion of the EIHCA from implementation of the proposed project, resulting in a net increase of 35.33 acres of land being added to the DPCA. The 100 acres of land that will be added to the DPCA is surrounded by undeveloped/vacant land that is under a mix of both private and government/non-profit organization management and;
WHEREAS, the Like Exchange process within the CVMSHCP allows for Permittees to request a reduction of a Conservation Area in one locale in exchange for expanding a Conservation Area in another locale. To request such a boundary modification, a Permittee must seek wildlife agency concurrence on an equivalency analysis documenting that the proposed Conservation Area expansion is of equal or greater conservation value than the Conservation Area reduction. Like exchanges are generally requested when a proposed development is inherently inconsistent with Conservation Area Conservation Objectives. For example, insufficient take may be available within the Conservation Area, or infrastructure required to support the development may exceed the limits of what can be considered a Covered Activity and;
WHEREAS, on-site portions of the EIHCA are located within the core habitat for flat-tailed horned lizard, Le Conte’s thrasher, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. On-site portions of the EIHCA support two natural plant communities, Sonoran creosote bush scrub and mesquite hummocks, one non-native plant community, Tamarisk Scrub, and disturbed and developed land associated with the All-American Canal and adjacent areas and; WHEREAS, This proposed modification to CVMSHCP conservation within the EIHCA (reduction) and DPCA (addition) will result in biologically superior conservation acreage and value using the mandatory categories for equivalency analysis listed in the CVMSHCP Section 6.12.2, summarized as follows:
The conservation of suitable habitat and level of take of MSHCP covered species with the proposed modifications to the EIHCA and DPCA would be biologically superior to what would otherwise occur;
The proposed modification would result in greater benefits to natural communities as compared to those benefits analyzed under the MSHCP;
The function and values of existing biological corridors and essential ecological processes are not expected to be reduced by the proposed modification;
Item 25.
The proposed modification would result in biologically superior conservation configuration, and management requirements are not expected to significantly differ compared to what would have occurred under the MSHCP;
Ecotones and overall species diversity are expected to be increased by the proposed modification;
The additional conservation parcels are greater in size, resulting in a greater acreage in MSHCP Conservation Areas;
The three parcels that constitute the additional conservation land have been acquired by the Applicant and, therefore, will be under the direct ownership of the applicant before being deeded to CVCC.
Based on this analysis, the proposed modification of conservation within the EIHCA and DPCA will result in biologically superior conservation value compared with implementation of the CVMSHCP without the proposed project and additional conservation that will be added because of the Like Exchange and;
WHEREAS, The proposed Like Exchange was submitted to the California Department Fish and Wildlife and the US Fish and Wildlife (Wildlife Agencies) for a 60-day review period on October 16, 2024. On January 14, 2025, the Wildlife Agencies transmitted their concurrence that the Like Exchange would result in equal or greater benefits to Covered Species and conserved natural communities as compared to those benefits analyzed in the CVMSHCP. (See Attachment No. 2). and;
WHEREAS, final approval of the Like Exchange is contingent on the Riverside County Board of Supervisors also approving the Like Exchange as the Dos Palmas Conservation Area is within unincorporated Riverside County and;
WHEREAS, the proposed Like Exchange is exempt from CEQA pursuant to Section 15325 of the California Environmental Quality Act, as amended; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coachella, as follows:
Section 1. The Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
Section 2. The proposed Like Exchange is approved based on the following
Item 25.
findings:
The proposed Like Exchange is in substantial conformance with the goals, objectives, policies and implementation measures of the Coachella General Plan 2035 (as amended) and the CVMSHCP.
Section 3. The City Council has determined that the proposed Like Exchange is exempt from CEQA pursuant to Section 15325 of the California Environmental Quality Act.
Section 4. The documents and materials that constitute the record of proceedings on which these findings are based are located at Coachella City Hall. The Development Services Director is the custodian of the record of proceedings.
Section 5. The Mayor shall sign the Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, APPROVED and ADOPTED this 12th day of February 2025. _________________________________
Steven A. Hernandez
Mayor
ATTEST:
___________________________________
Angela M. Zepeda
City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER
___________________________________
City Attorney
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
)
) ss.
Item 25.
CITY OF COACHELLA )
I HEREBY CERTIFY that the foregoing Resolution No. 2025-05 was duly adopted by the City Council of the City of Coachella at a regular meeting thereof, held on the 12th day of February 2025, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Delia Granados
Deputy City Clerk
Item 25.
KPC COACHELLA SPECIFIC PLAN
CITY OF COACHELLA, RIVERSIDE COUNTY, CALIFORNIA
Coachella Valley Multiple Species Habitat Conservation Plan Like Exchange
Prepared For:
City of Coachella
53990 Enterprise Way
Coachella, California 92236
Contact: Gabriel Perez
On Behalf of:
Kimley-Horn
3801 University Avenue, Suite 300
Riverside, California 92501
Contact: Meghan Karadimos
Prepared By:
ELMT Consulting
2201 N. Grand Avenue #10098
Santa Ana, California 92711
Contact: Travis J. McGill
October 2024
Item 25.
KPC COACHELLA SPECIFIC PLAN
CITY OF COACHELLA, RIVERSIDE COUNTY, CALIFORNIA
Coachella Valley Multiple Species Habitat Conservation Plan Like Exchange
The undersigned certify that the statements furnished in this report and exhibits present data and information required for this biological evaluation, and the facts, statements, and information presented is a complete and accurate account of the findings and conclusions to the best of our knowledge and beliefs.
Travis J. McGill
Director
Thomas J. McGill, Ph.D.
Managing Director
October 2024
Item 25.
KPC Coachella Specific Plan
Like Exchange i
Table of Contents
Section 1 Introduction .................................................................................................................. 1 Section 2 Definition of Planning Area ......................................................................................... 6
2.1 Project Location...................................................................................................................... 6
2.2 Proposed Conservation Area .................................................................................................. 6 Section 3 Project Description ....................................................................................................... 9
3.1 Project Overview .................................................................................................................... 9
3.2 Conservation Measures ........................................................................................................ 12 Section 4 Biological Information ............................................................................................... 18
4.1 Vegetation Mapping ............................................................................................................. 18
4.2 Covered Species ................................................................................................................... 18
4.2.1 Flat-tailed Horned Lizard ............................................................................................. 19
4.2.2 Le Conte’s Thrasher ..................................................................................................... 19
4.2.3 Coachella Valley Round-tailed Ground Squirrel .......................................................... 20
4.2.4 Palm Springs Pocket Mouse ......................................................................................... 20
4.2.5 Mesquite Hummocks .................................................................................................... 20
4.3 Biological Corridor or Linkage ............................................................................................ 21 Section 5 Equivalency Analysis for the Proposed Modification to the East Indio Hills Conservation Area .............................................................................................................................. 24
5.1 Covered Species Habitat and Level of Take ........................................................................ 24
5.1.1 Flat-tailed Horned Lizard ............................................................................................. 25
5.1.2 Le Conte’s Thrasher ..................................................................................................... 26
5.1.3 Coachella Valley Round-tailed Ground Squirrel .......................................................... 26
5.1.4 Palm Springs Pocket Mouse ......................................................................................... 26
5.2 Natural Communities............................................................................................................ 26
5.3 Biological Corridors and Likanges ....................................................................................... 27
5.4 Essential Ecological Processes ............................................................................................. 27
5.5 Conservation Area Configuration and Management ............................................................ 27
5.6 Ecotones and Other Conditions Affecting Species Diversity ............................................... 31
5.7 Acreage Contributed to the Conservation Areas .................................................................. 31
5.8 Control Over Mitigation Property ........................................................................................ 31
5.9 Equivalency Findings ........................................................................................................... 31
Item 25.
Table of Contents
KPC Coachella Specific Plan
Like Exchange ii
Section 7 Conclusion ................................................................................................................... 39 Section 8 References ................................................................................................................... 41
Item 25.
Table of Contents
KPC Coachella Specific Plan
Like Exchange iii
EXHIBITS
Exhibit 1: MSHCP Conservation Areas ........................................................................................ 4 Exhibit 2: East Indio Hills Conservation Area .............................................................................. 5 Exhibit 3: Project Site ................................................................................................................... 7 Exhibit 4: Proposed Conservation Area ........................................................................................ 8 Exhibit 5: Vegetation Map .......................................................................................................... 22 Exhibit 6: EIHCA Core Habitat .................................................................................................. 23 Exhibit 7: DPCA Core Habitat .................................................................................................... 38
APPENDIX
Appendix A Site Plan
Appendix B KPC Circulation
Appendix C Vista del Norte – Plan and Profile
Appendix D Biological Resources Assessment
Appendix E Delineation of State and Federal Jurisdictional Waters
Item 25.
KPC Coachella Specific Plan
Like Exchange 1
Executive Summary
KPC Development Company, LLC (KPC) proposes the development of the KPC Coachella Specific Plan Project in the northeast portion of the City of Coachella, Riverside County, California. To provide westerly access from the community to existing portions of the City, the project proposes the installation of the Vista Del Norte Crossing over the All American Canal (refer to Appendix A, Site Plan and Exhibit 3, Project Site) through the East Indio Hills Conservation Area (EIHCA).
The entire project site is located within the Plan Area for the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Specifically, the land proposed for the Vista Del Norte Crossing occurs within the southern terminus of the EIHCA (refer to Exhibit 2). Therefore, the installation of the crossing is subject to the Coachella Valley Conservation Commission’s (CVCC) Joint Project Review (JPR) process. Since the Vista Del Norte Crossing, as planned, is wider than the maximum road width to be considered a Covered Activity under the CVMSHP, this Like Exchange has been prepared to compensate for the loss of habitats within the EIHCA. Development of the project would result in both positive and negative impacts to habitat and natural communities. The Vista Del Norte Crossing is not located within any CVMSHCP designated sand transport/sand source area or mapped biological corridor/linkage. Therefore, no impacts to CVMSHCP mapped biological corridors or essential ecological processes (i.e., sand transport/sand source areas) are expected to occur. It should be noted that all impacts to the EIHCA will be mitigated.
The proposed development of the Vista Del Norte Crossing will result in a total of approximately 64.67 acres of impact to the EIHCA (refer to Exhibit 3). The physical development of the Vista Del Norte Crossing within the EIHCA will result in 3.42 acres of permanent impacts and 4.5 acres of temporary impacts, totaling 7.92 acres of impacts. Additionally, approximately 56.75 acres of indirect impacts will occur to the southern terminus of the EIHCA from the development of the crossing. The area of impact associated with the physical development of the crossing within the EIHCA has been minimized to the maximum extent practicable.
To offset impacts related to biological resources (64.67 acres) within the EIHCA, KPC proposes to donate 100 acres of land, under private ownership by the Applicant, to be included in the Dos Palmas Conservation Area (DPCA). These 100 acres are located adjacent to the DPCA. The 100 acres will be used to offset the 64.67 acres of impacts to land within the City of Coachella’s portion of the EIHCA from implementation of the proposed project, resulting in a net increase of 35.33 acres of land being added to the DPCA (refer to Exhibit 4). The 100 acres of land that will be added to the DPCA is surrounded by undeveloped/vacant land that is under a mix of both private and government/non-profit organization management.
This proposed modification to CVMSHCP conservation within the EIHCA (reduction) and DPCA (addition) will result in biologically superior conservation acreage and value using the mandatory categories for equivalency analysis listed in MSHCP Section 6.12.2, summarized as follows:
Item 25.
Executive Summary
KPC Coachella Specific Plan
Like Exchange 2
• The conservation of suitable habitat and level of take of MSHCP covered species with the proposed modifications to the EIHCA and DPCA would be biologically superior to what would otherwise occur;
• The proposed modification would result in greater benefits to natural communities as compared to those benefits analyzed under the MSHCP;
• The function and values of existing biological corridors and essential ecological processes are not expected to be reduced by the proposed modification; • The proposed modification would result in biologically superior conservation configuration, and management requirements are not expected to significantly differ compared to what would have occurred under the MSHCP;
• Ecotones and overall species diversity are expected to be increased by the proposed modification;
• The additional conservation parcels are greater in size, resulting in a greater acreage in MSHCP Conservation Areas; and
• The three parcels that constitute the additional conservation land have been acquired by the Applicant and, therefore, will be under the direct ownership of the applicant before being deeded to CVCC.
Based on this analysis, the proposed modification of conservation within the EIHCA and DPCA will result in biologically superior conservation value compared with implementation of the CVMSHCP without the proposed project and additional conservation that will be added as a result of the project.
Item 25.
KPC Coachella Specific Plan
Like Exchange 1
Section 1 Introduction
KPC Development Company, LLC (KPC) proposes the development of the KPC Coachella Specific Plan Project in the northeast portion of the City of Coachella, Riverside County, California. To provide westerly access from the community to existing portions of the City, the project proposes the installation of the Vista Del Norte Crossing above the All American Canal. The land proposed for the Vista Del Norte Crossing occurs within the southern terminus of the EIHCA that will result in a greater level of impact to the EIHCA than what has been authorized by the CVMSHCP.
This report presents an equivalency analysis of the Vista Del Norte Crossing and the accompanying conservation measures and demonstrates how the approved biological goals and objectives for the CVMSHCP Conservation Areas will be accomplished.
As required by the Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP or Plan), the equivalency analysis for the requested modification contains the following information:
1. Clear delineation of the proposed boundary adjustment;
2. Description of the proposed project;
3. Description of biological information available, including vegetation mapping, core habitat and appropriate species surveys, land identified as part of a biological corridor or linkage, and land identified as part of an essential ecological process area;
4. Description of the project’s efforts to be consistent with the MSHCP Conservation Area Conservation Objectives and rationale of why consistency has been determined to be infeasible; and;
5. Description of the effects/benefits of the proposed action on habitats for covered species, natural communities, biological corridors and linkages, essential ecological processes, and MSHCP Conservation Area design and function.
The proposed KPC Coachella Specific Plan Project is located within the City of Coachella, who, as the lead agency, is a Permittee to the CVMSHCP and is subject to the rules and regulations set forth in the Plan. As a result, the proposed project will need to be consistent with the Plan. Specifically, only the Vista Del Norte Crossing portion of the project is located within the City of Coachella’s portion of the EIHCA, which list specific Take Authorization for CVMSHCP listed species. The CVMSHCP was approved in 2008 to conserve 240,000 acres of open space and to protect 27 plant and wildlife species.
Through its implementation, the Plan provides the Coachella Valley with a regional vision for balanced growth while meeting the requirements of the federal and state endangered species acts. As part of its conservation obligations under the CVMSHCP, CVAG has designated 21 Conservation Areas.
The primary conservation goals for the EIHCA include (1) maintaining “Core Habitat” within the EIHCA; (2) conserving core habitat for Covered Species and conserving Covered Species where they occur; (3) conserve active desert dunes habitat; (4) conserve stabilized and partially stabilized desert sand fields; and (5) conserve mesquite hummocks. Species- and habitat-specific conservation goals for
Item 25.
Introduction
KPC Coachella Specific Plan
Like Exchange 2
the EIHCA vary by location based on portions of the EIHCA that occur within specific Cities or within unincorporated County land. Specifically, on-site portions of the EIHCA, within the City of Coachella, contain CVMSHCP core habitat for flat-tailed horned lizard (Phrynosoma mcallii), Le Conte’s thrasher (Toxostoma lecontei), Coachella Valley round-tailed ground squirrel (Spermophilus tereticaudus chlorus), and Palm Springs pocket mouse (Perognathus longimembris bangsi). In addition, while there are no habitat-specific conservation goals for the Coachella portion of the EIHCA, on-site portions of the EIHCA support several mesquite (Prosopis glandulosa var. glandulosa) hummocks. The EIHCA is part of the watershed for mesquite hummocks and provides potential habitat connectivity with the Thousand Palms Conservation Area through the Indio Hills Palms Conservation Area to the west (refer to Exhibit 1, CVMSHCP Conservation Areas).
Section 6.12, Modifications, Like Exchanges to Conservation Areas, and Amendments to the MSHCP, in the MSHCP acknowledges that in some instances it may be possible to achieve the Plan’s conservation goals through modification or a different configuration of one or more conservation areas if it can be demonstrated that the proposed modification to a conservation area will provide biologically equivalent preservation. Through this process, impacts allowed within a conservation area may be modified in exchange for increasing the available conservation opportunities elsewhere in the conservation area. Two key conditions for determining whether the equivalency requirements are met is by demonstrating that the project will (1) result in equal or greater benefits to MSHCP covered species and conserved natural communities as compared to those benefits analyzed in the MSHCP (existing conservation area), and (2) the level of take of (impact to) MSHCP covered species must be no greater than that analyzed in the Plan.
The opportunity for proposed modifications to the existing EIHCA is provided in the CVMSHCP, which acknowledges that in some instances it may be possible to achieve the CVMSHCP’s conservation goals through a different configuration of one or more Conservation Areas. Through this process, the boundary of a conservation area may be modified as determined and/or approved by the CVCC, CDFW, and the USFWS if the resulting conservation is biologically superior to that approved under the Plan.
The proposed project site overlaps with the southern terminus of the approximately 4,274-acre EIHCA (refer to Exhibit 2, East Indio Hills Conservation Area). The EIHCA encompasses the southern foothills of the eastern portion of the Indio Hills. Portions of the EIHCA that will be impacted by project activities support the All American Canal, undeveloped open space, and earthen flood control berms.
Approximately 64.67 acres of habitat within the southern terminus of the EIHCA will be impacted from the development of the Vista Del Norte Crossing. Most of the impacts to the EIHCA will not be permanent impacts from the installation of the Vista Del Norte Crossing, but rather indirect impacts from the fragmentation of existing habitat and reduction in local connectivity to the southern terminus of the EIHCA due to the road crossing (80 feet) exceeding the width dimensions approved in the CVMSHCP (74 feet). The project proposes to donate 100 acres of natural habitat to be incorporated into the DPCA of the CVMSHCP to compensate for the loss of habitat within the EIHCA.
The table below shows that maximum acreages of disturbance on private lands within the City of Coachella’s portion of the EIHCA. Land within the project site is considered privately-owned under
Item 25.
Introduction
KPC Coachella Specific Plan
Like Exchange 3
the CVMSHCP and the proposed development shall be consistent with this requirement. As noted above, the proposed development of the Vista Del Norte Crossing will result in a total of approximately
64.67 acres of impact to the EIHCA (refer to Exhibit 3). The physical development of the Vista Del Norte Crossing within the EIHCA will result in 3.42 acres of permanent impacts and 4.5 acres of temporary impacts, totaling 7.92 acres of impacts. Additionally, approximately 56.75 acres of indirect impacts will occur to the southern terminus of the EIHCA from the development of the crossing. The area of impact associated with the physical development of the crossing within the EIHCA has been minimized to the maximum extent practicable.
Table 1: Conservation and Take Authorization for EIHCA within City of Coachella Conservation
Objective
Total Acres in
Conservation
Area
Existing
Conservation
Lands
Acres of
Disturbance
Authorized
(threshold)
Remaining
Acres to be
Conserved
Acres of Impact
from Vista Del
Norte Crossing
bridge(direct)
/total(indirect)
Conserve Other Cons.
Habitat for flat-tailed
horned lizard
6 0 1 5 1.32 / 6.43
Conserve Other Cons.
Habitat for Le Conte’s
thrasher
62 0 6 56 7.19 / 54.99
Conserve Other Cons.
Habitat for CV roundtailed ground squirrel 6 0 1 5 1.43 / 6.51 Conserve Other Cons.
Habitat for Palm
Springs pocket mouse
8 0 1 7 1.43 / 8.3
To offset impacts related to biological resources (64.67 acres) within the EIHCA, KPC proposes to donate 100 acres of land, under private ownership by the Applicant, to be included in the Dos Palmas Conservation Area (DPCA). These 100 acres are located adjacent to the DPCA. The 100 acres will be used to offset the 64.67 acres of impacts to land within the City of Coachella’s portion of the EIHCA from implementation of the proposed project, resulting in a net increase of 35.33 acres of land being added to the DPCA (refer to Exhibit 4).
Item 25.
CVMSHCP Conservation Areas
KPC COACHELLA SPECIFIC PLAN
Exhibit 1
O
Source: ESRI Aerial Imagery, CVMSHCP, Riverside County
0 5 10 20
Miles
Legend
Project Site
Proposed Conservation Area
CVMSHCP Plan Boundary
Conservation Area
Cabazon Conservation Area
Coachella Valley Stormwater Channel and Delta Conservation Area Desert Tortoise and Linkage Conservation Area
Dos Palmas Conservation Area
East Indio Hills Conservation Area
Edom Hill Conservation Area
Highway 111/I-10 Conservation Area
Indio Hills Palms Conservation Area
Indio Hills/Joshua Tree National Park Linkage Conservation Area Joshua Tree National Park Conservation Area
Long Canyon Conservation Area
Mecca Hills/Orocopia Mountains Conservation Area
Santa Rosa and San Jacinto Mountains Conservation Area
Snow Creek/Windy Point Conservation Area
Stubbe and Cottonwood Canyons Conservation Area
Thousand Palms Conservation Area
Upper Mission Creek/Big Morongo Canyon Conservation Area West Deception Canyon Conservation Area
Whitewater Canyon Conservation Area
Whitewater Floodplain Conservation Area
Willow Hole Conservation Area
Item 25.
East Indio Hills Conservation Area
KPC COACHELLA SPECIFIC PLAN
Exhibit 2
O
Source: ESRI Aerial Imagery, CVMSHCP, Riverside County
0 1.25 2.5 5
Miles
Legend
Project Site
Conservation Areas
Desert Tortoise and Linkage Conservation Area
East Indio Hills Conservation Area
Indio Hills Palms Conservation Area
Joshua Tree National Park Conservation Area
Thousand Palms Conservation Area
Item 25.
KPC Coachella Specific Plan
Like Exchange 6
Section 2 Definition of Planning Area
The proposed project consists of 2 distinct elements: (1) the proposed development of the KPC Coachella Specific Plan Area (and Vista Del Norte Crossing), and (2) the proposed conservation measures that are an integral part of the proposed project and will contribute to overall conservation within CVMSHCP Conservation Areas. Both of these elements are important factors in determining whether the proposed modification to the conservation area would result in equal or greater biological values, compared to implementation of the CVMSHCP without the proposed project.
2.1 PROJECT LOCATION
The KPC Coachella Specific Plan Project site is generally located north of Interstate 10, south of State Route 62, west of State Route 177, and east of State Route 74 within the City of Coachella, Riverside County, California. The site is depicted on the Thermal Canyon and Indio quadrangles of the United States Geological Survey’s (USGS) 7.5-minute topographic map series within Sections 24, 25, 26, 27, and 28 of Township 5 South, Range 8 East, and Section 30 of Township 5 South, Range 9 East.
Specifically, KPC Coachella is located along the western foothills of the Little San Bernardino Mountains and immediately north of Interstate 10, and the western limits of the site coincide with the All American Canal (Exhibit 3, Project Site). The Vista Del Norte Crossing site is located within the overlap between the western terminus of KPC Coachella and the southern terminus of the EIHCA, extending eastward from the existing western terminus of Vista Del Norte.
2.2 PROPOSED CONSERVATION AREA
The proposed conservation area that will be used for the Like Exchange will include three parcels: APN 733-190-010, 733-190-012, and 733-190-01 (refer to Exhibit 4, Proposed Conservation Area). 1) APN 733-190-010 (totaling 80 acres) is located adjacent to the Dos Palmas Conservation Area (located approximately 20 miles southeast of the project site). The 80 acres of proposed conservation land abuts the existing Dos Palmas Conservation Area on its eastern boundary. 2) APN 733-190-012 (totaling 10 acres) is located adjacent to the Dos Palmas Conservation Area (located approximately 20 miles southeast of the project site). The 10 acres of proposed conservation land is adjacent/connected to APN 733-190-010 that abuts the existing Dos Palmas Conservation Area on its eastern boundary.
3) APN 733-190-013 (totaling 10 acres) is located adjacent to the Dos Palmas Conservation Area (located approximately 20 miles southeast of the project site). The 10 acres of proposed conservation land is immediately north of APN 733-190-012 that is adjacent/connected to APN 733-190-010 that abuts the existing Dos Palmas Conservation Area on its eastern boundary.
Item 25.
Project Site
KPC COACHELLA SPECIFIC PLAN
Exhibit 3
O
Source: ESRI Aerial Imagery, CVMSHCP, Riverside County
0 0.5 1 2
Miles
Legend
Project Site
Vista Del Norte Crossing (7.92 acres)
Indirect Impacts to EIHCA (56.75 acres)
Conservation Areas
Desert Tortoise and Linkage Conservation Area
East Indio Hills Conservation Area
Item 25.
Proposed Conservation Area
KPC COACHELLA SPECIFIC PLAN
Exhibit 4
O
Source: ESRI Aerial Imagery, CVMSHCP, Riverside County
733190010
733190013
733190012
0 0.5 1 2
Miles
Legend
Proposed Conservation Area
Parcel Boundaries
Conservation Area
Dos Palmas Conservation Area
Item 25.
KPC Coachella Specific Plan
Like Exchange 9
Section 3 Project Description
3.1 PROJECT OVERVIEW
The proposed project consists of a Specific Plan for a new master planned community located at the eastern entrance to the City of Coachella (City). The 2,807-acre project site will provide a mixture of land uses intended to create a cohesive entrance to the City, with residential components that will be compatible with the surrounding existing and planned neighboring areas. The proposed project will provide additional commercial, residential, educational, employment, entertainment, and recreational opportunities for residents and visitors within the City.
The Project site has been contemplated for development over the years, including a previous specific plan concept referred to as “Desert Lakes.” The Project site has a current General Plan land use designation of Resort District. The proposed Project is the KPC Coachella Specific Plan and related approvals, which proposes a master planned mixed-use community on approximately 2,807 (conceptual) acres of currently undeveloped land, entirely located within the City of Coachella. The Specific Plan proposes the following land uses (refer to Appendix A):
• A mixture of residential product types, including an active adult/senior-oriented village, totaling approximately 9,538 dwelling units;
• Approximately 305 acres of mixed-use areas, which include commercial retail, high-density residential, resort, and entertainment uses;
• A college/university overlay to allow for institutions of higher learning with an emphasis on healthcare;
• Approximately 71 acres of school (3 elementary schools and 1 middle school); • Approximately 395 acres of parks, greenways, and amenity centers; • Approximately 179 acres of circulation uses, including arterials, major, and secondary roadways;
• Approximately 68 acres of Agricultural Production areas; • Approximately 754 acres of natural open space, including drainage channels and trails; • A potential multi-story, high-rise building; and
• A proposed entertainment center/venue and performing arts theater The Project will also require various on-site and off-site infrastructure improvements, including water, wastewater, dry utilities, roadway, and a non-vehicular trail connection under the I-10 to connect with the La Entrada Specific Plan. The Project includes other appurtenant facilities and uses typical of a master planned community.
A total of five Planning Villages are proposed within the KPC Coachella Specific Plan. The KPC Coachella Specific Plan identifies a variety of residential and non-residential designations. A discussion of each of the five proposed Villages are presented below:
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 10
Village A – Wellness District
Village A is the westernmost village within the plan area and acts as the entry point to the community from surrounding neighborhoods on Vista del Norte. This village is a mixture of lower and medium density residential uses located off the main circulation route on smaller collector roads. Village A would be served by two elementary schools. Village A also contains a Wellness University Overlay District on top of the proposed medium-density residential designation. The Overlay District is intended to allow for a small-scale public or private institution for higher education as a conditional use within the plan area. The area is shown as an overlay due to the uncertain nature of the potential future institution.
Village B – Entertainment Center
Village B is the primary entrance to the plan area from the new Avenue 50 Interchange and is characterized by the prominent entertainment center, hotel, and other commercial retail uses. This village also has a large mixed-use component, part of which is focused on health and wellness-related industries. Village B is also, the densest in terms of housing, with all residential parcels designated as high-density.
Village C – Active Recreation
Village C is centrally located within the plan area and defined by active recreation opportunities and a mixture of low- and medium-density residential. A large community-serving Sports Complex and Cycling Park is accessible from the surrounding villages through the larger trail connections as well as the primary roadway loop. A proposed elementary and middle school directly adjacent to the Sports Complex parcel allows for an emphasis on outdoor play and exercise. At the northern edge of the village, sports fields within the power line easement create opportunities for organized sporting events and practice space.
Village D – Active Adult Community
Village D is in the northern portion of the plan area and extends down to the edge of the east/west running utility easement. This area is planned as an Active Adult-Oriented Community and located away from the more intense mixed-use and entertainment areas. Village D is composed of a variety of different residential densities that allow for different housing types to be built. This diversity creates opportunities to accommodate residents with different living styles and income capabilities. Pedestrian promenades along the proposed roadways promote walking, biking, and other forms of exercise and connect to the larger trail system.
Village E –Agricultural Estates
Village E is in the eastern portion of the plan area and is defined by larger residential lots and agricultural production areas such as vineyards. An agricultural education center is proposed in the southeast portion of the village to provide opportunities for residents, especially school-age children, to learn about agricultural practices and where the food they eat comes from. Village E also contains an elementary school to serve families within Villages B and E.
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 11
Circulation
Regional circulation will be provided by the new Avenue 50 Interchange, and the extension of Avenue 50 into the site. Avenue 50 within the Project is planned as a six-lane divided arterial with a landscaped median and off-street bike/NEV lanes. Additional site access will be provided by an extension of Vista del Norte across the All-American Canal into the Project. The extension of Vista del Norte is planned as a four-lane divided arterial.
The project proposes the development of the Vista Del Norte Crossing to provide westerly access from the greater KPC Coachella site to adjacent portions of the City of Coachella (refer to Appendix A). The western and eastern portions of the crossing are located within existing road right-of-way, while the middle southern portion is located within a KPC owned parcel (APN 603-140-013), and the middle northern portion is located within a government owned parcel (APN 697-350-002). The Vista Del Norte Crossing includes an approximately 80-foot (ft) wide earthen fill section crossing over the existing canal and levee with 2:1 slopes daylighting at each side. The fill section extends eastward from the current eastern terminus of Vista Del Norte to the project site being approximately 3,300 lineal feet.
There will be 6 large culverts on the east side of the existing levee, each being approximate 8 ft x 10 ft wide for mitigation of regional flood flows running along the existing eastern levee edge. The roadway will traverse the All American Canal via two 12 ft x 9 ft RCB culverts.
Internal circulation is defined by several loop roads providing access to the various neighborhoods and planning areas of the Project (refer to Appendix B). Two primary backbone road types are planned: a four-lane divided major roadway, which comprises the primary loop road and access point from Vista del Norte, and a two-lane secondary roadway. Vista Del Norte is proposed as a four-lane major roadway with an 80-foot right-of-way (refer to Appendix C). Due to the sloping topography and road curves, the two-lane collectors are designed with a center continuous turn lane to allow for turning movements in areas with potentially limited sight distance. The planned roads cross on-site drainages via arch-culvert bridges, although the intent is to minimize disturbance to the drainage channels to be retained. Where roads cross drainages or the All-American Canal, off-street trails are placed on-street to reduce the width of bridges.
Open Space
The Specific Plan Area has approximately 1,217 acres of open space, including parks, greenways, amenity centers, agricultural production, and drainage. These spaces create opportunities for both active and passive recreation as well as programmed sport courts and fields to host local leagues and tournaments. As mentioned previously, Village C contains a large sports complex and cycling park which connects to the plan-wide network of walking and cycling trails. New agricultural production areas are in Village E and are intended to provide opportunities for growing fruits, vegetables, nuts, or other goods for consumption within the community. An agricultural education center will teach residents, visitors, and school groups the importance of agricultural practices within the region. Several drainage channels needed to facilitate the movement of water throughout the site run diagonally from northeast to southwest as well as along the perimeter of the plan area. These are undisturbed open space areas that allow for hiking, walking, cycling, and other activities such as nature photography or educating residents and visitors on the local ecosystem through signage programs.
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 12
Lastly, miles of interconnected trails run through most planning areas and facilitate movement throughout the community without the need for a vehicle. These trails are in addition to sidewalks and nodes within each planning area that provide more walking opportunity. Walkability is particularly important within the active adult focused Village D, where large pedestrian promenades are proposed adjacent to local roadways.
3.2 CONSERVATION MEASURES
The proposed development of the Vista Del Norte Crossing will result in a total of approximately 64.67 acres of impact to the EIHCA (refer to Exhibit 3). The physical development of the Vista Del Norte Crossing within the EIHCA will result in 3.42 acres of permanent impacts and 4.5 acres of temporary impacts, totaling 7.92 acres of impacts. Additionally, approximately 56.75 acres of indirect impacts will occur to the southern terminus of the EIHCA from the development of the crossing. The area of impact associated with the physical development of the crossing within the EIHCA has been minimized to the maximum extent practicable.
Additionally, per Section 7.3.1, Covered Activities, of the CVMSHCP, local roadways need to be less than 74 feet in width with no more than one through travel lane in each direction to be considered a Covered Activity under the CVMSHCP. The Vista Del Norte Crossing is currently planned as a 4-lane roadway that will be wider than “approved” 74-foot-wide road, which has the potential to indirectly impact the southern terminus of the EIHCA. In order to meet the traffic/circulation requirements for the project, a 4-lane road is required. The width of the road was reduced to the maximum extent practicable, which is still over the maximum width described in the CVMSHP. The Vista Del Norte Crossing will provide one of two access points to the Project site. A two-lane roadway would not be sufficient to accommodate the traffic volumes projected for the Vista Del Norte Crossing. In addition, should an event arise that compromises access via the 2nd access point, a two-lane roadway would again, not be sufficient to accommodate the traffic volumes in said situation, nor would it adequately accommodate emergency response vehicles as they attempt to access/exit the Project site. A four-lane roadway would provide for sufficient movement into and out of the Project. In addition, per Figure 5- 1: The Future Roadway Network of the General Plan Mobility Element shows that the Vista Del Norte Crossing is classified as a collector with bicycle facility. Per Table 5-1: Street Typologies of the Mobility Element, a collector with bicycle facility includes two travel lanes in each direction separated by a median lane with outside bicycle lanes and pedestrian sidewalks within a 90-foot ROW. This demonstrates that the City identified the need for a four-lane Vista Del Norte Crossing east of Dillon Road to accommodate future traffic. As a result, the proposed project, specifically the Vista Del Norte Crossing, would result in a total of approximately 64.67 acres of impacts within the EIHCA. The remainder of the project site is not located within any CVMSHCP Conservation Areas.
The area of impact within the EIHCA has been minimized to the maximum extent practicable. The project footprint includes the minimum impacts to the EIHCA required to provide sufficient access between the Specific Plan area and the City of Coachella via the Vista Del Norte Crossing. Most of the impacts to the EIHCA will not be permanent impacts from the installation of the crossing, but rather indirect impacts from the fragmentation of existing habitat and reduction in local connectivity to the southern terminus of the EIHCA due to the road exceeding the width dimensions approved in the CVMSHCP.
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 13
To compensate for the direct and indirect impacts to approximately 64.67 acres of habitat within the EIHCA, the project Applicant proposes to incorporate/designate 100 acres of natural habitat into the Dos Palmas Conservation Area. The proposed conservation areas will provide an overall increase to conserved modeled species habitat and lands conserved under the CVMSHCP. Additionally, post construction, the two large culverts within the All American Canal and associated access roads and the 6 large culverts on the east side of the existing levee, will continue to provide local wildlife movement opportunities both along the All American Canal under the expanded Vista Del Norte crossing to and from the southern terminus of the EIHCA that will not be directly impacted by the road crossing.
As noted above, the proposed location for the Vista Del Norte Crossing is located within the EIHCA of the MSHCP. Alternative locations were considered for the western access to the Project site; however, the Vista Del Norte extension was determined to provide the most direct and safe access to the Project site. The proposed alignment is the least intrusive alternative that meets the circulation requirements.
Alternative routes to the current Vista Del Norte crossing alignment were considered; located both north and south of the proposed alignment. The alternative alignments, like the current alignment, would bisect the EIHCA, and would also include geometric design features (90 degree angles) which provide for unsafe traffic conditions. Additionally, a northern alternative alignment would result in more impacts to habitat within the EIHCA and would result in more indirect impacts to the southern terminus of the EIHCA. A southern alternative alignment might result in lesser impacts to the EIHCA, but is not feasible from a design perspective.
Based on the MSHCP, on-site portions of the EIHCA are located within the core habitat for flat-tailed horned lizard, Le Conte’s thrasher, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. On-site portions of the EIHCA support two natural plant communities, Sonoran creosote bush scrub and mesquite hummocks, one non-native plant community, Tamarisk Scrub, and disturbed and developed land associated with the All American Canal and adjacent areas (refer to Exhibit 5, Vegetation).
To offset impacts to 64.67 acres, KPC proposes to transfer the fee title of the 100 acres of land to the CVCC for inclusion into the existing DPCA, southeast of the project site (refer to Exhibit 4). 64.67 acres will be used to offset impacts within the City of Coachella’s portion of the EIHCA by the proposed project, resulting in a net increase of 35.33 acres of conservation area land being added to the DPCA.
Land Use Adjacency Guidelines
The purpose of Land Use Adjacency Guidelines (Section 4.5 of the CVMSHCP) 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. The proposed Vista Del Norte Crossing and KPC Coachella Specific Plan is currently located within and adjacent to the EIHCA, and as such the following Land Use Adjacency Guidelines shall be considered and implemented where applicable. Once the Like Exchange is approved, the Vista Del Norte Crossing and KPC Coachella Specific Plan will be located adjacent of the EIHCA.
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 14
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.
The proposed project would not alter the flow direction of surface water flowing out of the Indio Hills to the north. There would be no changes to the quantity or quality of runoff or other water discharged to the Conservation Area. All water coming from onsite, including the crossing will be treated prior to release in the individual regional channels. The culverts are being designed along the levee edge where the water would collect during large storm events. The storm flows passing through the project are being modeled and reviewed by CVWD in concept as part of this approval. This design is in conceptual stage only and more detailed design and hydraulics will be provided in the future.
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.
The proposed project would not generate toxic bioproducts or use toxic chemicals. Any spills of hazardous materials from project vehicles or equipment would be contained, cleaned up, and disposed of immediately.
The use, storage, transport, and disposal of hazardous materials would be governed by existing regulations of several agencies, including the U.S. EPA, U.S. Department of Transportation, California OSHA, and the Riverside County Fire Protection District. Compliance with applicable laws and regulations governing the use, storage, transportation, and disposal of hazardous materials would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts. All spills or leakage of petroleum products are required to be immediately contained, the hazardous material identified, and the material remediated in compliance with applicable regulations, such as RCRA, for the cleanup and disposal of that contaminant. Should a spilled hazardous material reach the storm drain, it would be directed to the onsite stormwater system before being released into the individual regional channels.
Lighting
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 in accordance with the guidelines to be included in the Implementation Manual.
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 15
The proposed project would install lighting that will be shielded and directed away from the conservation area. The Project is a Program EIR, therefore detailed design as it pertains to streetlight placement has not been conducted. However, lighting shall be placed in adherence to the Land Use Adjacency Guidelines in Section 4.5 of the CVMSHCP.
Vehicles would travel in an east-west direction along Vista Del Norte, not in a north-south direct, directly protruding light into the conservation area. Vehicles and associated headlights would also be elevated above the conservation area, again, not directly protruding light into the conservation area.
Project lighting would adhere to the Design Guidelines presented in the KPC Coachella Specific Plan which would require lighting to minimize uncontrolled nighttime light and glare, light trespass, and night sky pollution with low brightness lighting fixtures utilizing warm, color corrected light sources and appropriate beam cut-off. Project lighting would also adhere to the requirements contained in the City’s Zoning Code: Section 16.28.150(L) (Improvements and Grading); Section
17.56.010(J)(2)(e); (Signs); Section 17.54.010 (Off-Street Parking and Loading); Section 17.36.030(F) and (H); Section 17.36.140(7) (Specific Plan District); and Section 17.62.010(17) (Site Plans). These measures are uniformly applied to all development in the City. Project-related lighting would be consistent with the City Zoning Code and would be shielded to avoid light spillage and glare off the Project site. As such, adherence to these measures would be mandatory and enforceable upon approval of the Project plans. Adherence to the City’s Zoning Code would ensure that any building or parking lighting would not significantly impact adjacent uses. Additionally, Draft EIR MM AES-1 would eliminate all nonessential lighting and MM AES-2 would require a photometric study.
Noise
Proposed Development adjacent to or within a Conservation Area that generates noise in excess of 75 dBA Leq hourly shall incorporate setbacks, berms, or walls, as appropriate, to minimize the effects of noise on the adjacent Conservation Area in accordance with the guidelines to be included in the Implementation Manual.
An acoustical assessment was conducted for the project in 2024. The assessment found that on-site and off-site construction and operations noise levels would be less than significant with mitigation incorporated. Mitigation Measure (MM) NOI-1 is required to ensure compliance with General Plan Policy 1.2 and Policy 5.20 which requires a detailed acoustical study demonstrating that new residential units would meet the City’s Normally Compatible standard by incorporating architectural features instead of excessive setbacks or sound walls. MM NOI-2 requires that prior to the issuance of building permits, detailed project-specific Noise Assessment for projects with Villages A through E shall be prepared, for submittal and approval of the City of Coachella Development Services Department, which demonstrates on-site placement of stationary noise sources at commercial uses would not exceed noise standards established in the City of Coachella General Plan and City of Coachella Municipal Code Section 7.04.030. The Noise Assessment shall verify that stationary noise sources (e.g., loading dock facilities, mechanical equipment, and parking lots) are adequately shielded and/or located at an adequate distance from on-site and off-site sensitive receptors and residences in order to comply with noise regulations established by the City of Coachella.
A detailed noise analysis has not been conducted for traffic noise impacts along the Vista Del Norte Crossing adjacent the EIHCA as this is Program level EIR. However, analysis will be conducted at the
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 16
Project level in the future and shall adhere to the Land Use Adjacency Guidelines pertaining to Noise in Section 4.5 of the CVMSHCP.
Invasives
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 Agency Concurrence.
The proposed project will not incorporate non-native plants adjacent to the conservation area.
According to the Specific Plan, Typical Street Sections exhibit, landscaping is not proposed on the Vista Del Norte crossing, so as to minimize right-of-way impacts. Should it be determined at a later date (at the Project level) to include landscaping along the Vista Del Norte Crossing, invasive, nonnative plant species shall not be incorporated in the landscape for land uses adjacent to the EIHCA in accordance with the Land Use Adjacency Guidelines in Section 4.5 of the CVMSHCP.
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.
The proposed project will need to install a fence or barrier between the proposed development and the adjacent conservation area. The Project is a Program EIR, therefore detailed design as it pertains to guardrail placement has not been conducted. However, for pedestrian safety, a barrier (i.e., guardrail or wall) shall be place along the Vista Del Norte crossing.
The Project would adhere to the both the CVMSHCP Adjacency Guidelines and the Project’s Specific Plan guidelines. The type and exact location of the fence/barrier is not known at this time as it’s a Program Level EIR. However, the SP does specify:
• Prohibited Fences: The following materials and fence types are prohibited from use on any parcel of property in the Specific Plan area that is used for residential purposes:
o Barbed wire
o Razor wire
o Electric fences
o Other sharp materials
Grading/Land Development
Manufactured slopes associated with site Development shall not extend into adjacent land in a Conservation Area.
Item 25.
Project Description
KPC Coachella Specific Plan
Like Exchange 17
The project will include grading/contouring for the installation of the Vista Del Norte crossing. Impacts associated with this development are accounted for in the Like Exchange.
Item 25.
KPC Coachella Specific Plan
Like Exchange 18
Section 4 Biological Information
4.1 VEGETATION MAPPING
Two (2) natural plant communities, Sonoran creosote bush scrub and mesquite hummocks, were documented within on-site portions of the EIHCA during the initial survey conducted on April 16, 2024. In addition, on-site portions of the EIHCA support a narrow swathe of Tamarisk Scrub and two land cover types that would be classified as disturbed and developed. Refer to Exhibit 5, Vegetation Map. Descriptions of the plant communities within the EHICA are provided below:
Sonoran Creosote Bush Scrub
A Sonoran creosote bush scrub plant community is the dominant habitat within the project site and onsite portions of the EIHCA. This plant community occurs on upland slopes, hills, bajadas, and alluvial fans and washes within the site. This plant community is dominated by widely-spaced stands of creosote bush (Larrea tridentata) with other shrubs, annual species, and open soils present between the stands of creosote bush. Other common shrubs supported within this plant community include white bursage (Ambrosia dumosa), brittlebush (Encelia farinosa), desert holly (Atriplex hymenelytra), desert-lavender (Condea emoryi), smoke tree (Psorothamnus spinosus), indigo bush (Psorothamnus schottii), desert bird-of-paradise (Hoffmannseggia microphylla), sweet bush (Bebbia juncea), and catclaw acacia (Senegalia greggii).
Mesquite Hummocks
Mesquite hummocks are supported in the southern portion of the on-site portions of the EIHCA and consist solely of mesquite on raised hummocks of windblown sand.
Tamarisk Scrub
Tamarisk scrub occurs in the eastern portion of on-site portions of the EIHCA in areas disturbed by both agriculture and construction of a water tower. This introduced plant community consists primarily of dense tamarisk (Tamarix ramosissima) shrubs and typically occurs on sandy or gravelly soils within, or in close proximity to, washes or streams and often follows major anthropogenic disturbance.
Disturbed/Developed Land
Disturbed land within on-site portions of the EIHCA consist primarily of bare soils and non-native species resulting from human disturbance. Disturbed lands have been graded, cleared, or used to the point where the land cannot support native vegetation. Developed land is supported within on-site portions of the All American Canal and relevant infrastructure.
4.2 COVERED SPECIES
On-site portions of the EIHCA provide core habitat for Flat-tailed horned lizard, Le Conte’s thrasher, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse (refer to Exhibit 6, EIHCA Core Habitat, and Table 1). Please refer to Appendix D, Biological Resources Assessment¸ for a summary of the biological surveys that have been conducted for the project. Based on the results of
Item 25.
Biological Information
KPC Coachella Specific Plan
Like Exchange 19
the Biological Resources Assessment, the KPC Coachella Specific Plan project site supports sensitive biological resources including jurisdictional waters of the state, two non-listed special-status bird species (i.e., loggerhead shrike and black-tailed gnatcatcher), moderate potential to support the state and federally-threatened desert tortoise, low potential to support the federally endangered Coachella Valley milk-vetch, and moderate to high potential to support numerous non-listed special-status species including burrowing owl. Descriptions of covered species with core habitat within the project site are provided below. Additionally, the CVMSHCP requires the conservation of mesquite hummocks, which occur within the proposed Vista Del Norte Crossing and are described below.
It should be noted that the northwest portion of the Vista Del Norte Crossing, within the EIHCA, is also located within CVMSHCP modeled habitat for yellow warbler (Setophaga petechia), yellow-breasted chat (Icteria virens), Crissal thrasher (Toxostoma crissale), summer tanager (Piranga rubra), least Bell’s vireo (Vireo bellii pusillus), and desert tortoise (Gopherus agassizii). However, there are no conservation objectives for these species within the EIHCA.
The species described in further detail below are for those species with modeled habitat within the EIHCA, within the City of Coachella, that have conservation objectives that need to be met.
Additionally, the proposed donation area in the DPCA is modeled to support the same habitat types and same covered species as those identified as occurring in the EIHCA. However, the DPCA is larger in size and biologically less disturbed/constrained, providing higher quality habitat of each modeled habitat type and is expected to support a greater number of the covered species. General biological surveys were conducted on the proposed donation area in June 2024 to document the type and the quality of the habitat(s) onsite, and the site’s exposure to anthropogenic disturbances.
4.2.1 Flat-tailed Horned Lizard
Flat-tailed horned lizard is designated by the CDFW as a species of special concern. It is covered under the CVMSHCP. This species is typically found in open, sandy habitats, usually sparsely vegetated with creosote bush and burrobush, where it feeds on harvester ants. While fine, windblown sands are preferred, excessively loose and unstable sand may also discourage this species from occurring in an area. Adults are typically active anywhere from mid-February to mid-November but are most active between April and September. Mating occurs in May and June, with eggs hatching between July and October.
Approximately 6 acres of core habitat are mapped within the EIHCA within the City of Coachella for this species. Of the 6 acres, 1 acre has been authorized for disturbance, and 5 acres are described for conservation. The proposed project will directly impact 1.32 acres and will indirectly impact 6.43 acres of mapped habitat for flat-tailed horned lizard.
4.2.2 Le Conte’s Thrasher
Le Conte’s thrasher is designated by the CDFW as a species of special concern. It is covered under the CVMSHCP. It is a year-round resident of southern California. This species is typically found in sparsely vegetated desert flats, dunes, alluvial fans, or gently rolling hills with a high proportion of
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Biological Information
KPC Coachella Specific Plan
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saltbush (Atriplex spp.) or cholla (Cylindropuntia spp.) but may still utilize areas without these plants.
Water is rarely present, and leaf litter under shrubs is required for insect buildup. This species primarily nests in thorny shrubs and cholla. The general nesting season extends from mid-February to late June.
Approximately 62 acres of core habitat are mapped within the EIHCA within the City of Coachella for this species. Of the 62 acres, 6 acres have been authorized for disturbance, and 56 acres are described for conservation. The proposed project will directly impact 7.19 acres and will indirectly impact 63.96 acres of mapped habitat for Le Conte’s thrasher.
4.2.3 Coachella Valley Round-tailed Ground Squirrel
Coachella Valley round-tailed ground squirrel is designated by the CDFW as a species of special concern. This species is typically found in scrub and wash habitats including mesquite- and creosotedominated sand dunes, creosote bush scrub, creosote-palo verde scrub, and saltbush/alkali scrub, particularly in sandy floodplains. Ideal habitat seems to be areas where hummocks of sand accumulate at the base of large shrubs, and according to current data as described in the CVMSHCP, this species seems to particularly favor hummocks that form around mesquite. It is inactive and in its burrows from August until January.
Approximately 6 acres of core habitat are mapped within the EIHCA within the City of Coachella for this species. Of the 6 acres, 1 acre has been authorized for disturbance, and 5 acres are described for conservation. The proposed project will directly impact 1.43 acres and will indirectly impact 6.51 acres of mapped habitat for Coachella Valley round-tailed ground squirrel.
4.2.4 Palm Springs Pocket Mouse
The Palm Springs pocket mouse is designated by the CDFW as a species of special concern and is also covered under the CVMSHCP. It is endemic to the Coachella Valley, and while its current distribution is not well-known, it was historically present from the San Gorgonio Pass to Joshua Tree National Park and south to Borrego Springs. This species generally occurs in creosote scrub, desert scrub, and grasslands with loose and/or sandy soils and sparse to moderate vegetative cover. Areas dominated by creosote bush, brittlebush (Encelia farinosa), burrobush, and ephedra (Ephedra californica). They are likely dormant generally between October and March but may emerge periodically to feed on seed caches.
Approximately 8 acres of core habitat are mapped within the EIHCA within the City of Coachella for this species. Of the 8 acres, 1 acre has been authorized for disturbance, and 7 acres are described for conservation. The proposed project will directly impact 1.43 acres and will indirectly impact 8.3 acres of mapped habitat for Palm Springs pocket mouse.
4.2.5 Mesquite Hummocks
This plant community is composed of large clumps of low growing honey mesquite (Prosopis glandulosa) shrubs. The mesquite shrubs may form hummocks over sand dunes. The hummocks also occur on level terrain, at the margins of palm oases or in the area south and east of Indio to the north
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Biological Information
KPC Coachella Specific Plan
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end of the Salton Sea. These mesquite hummocks are typically associated with high soil moisture, often associated with fault areas or springs. This community occurs in the Plan Area at one location south of Cabazon, in the vicinity of Willow Hole, on the Thousand Palms Preserve, and along the southern base of the Indio Hills, associated with the San Andreas Fault. Mesquite hummocks also occur around the northern end of the Salton Sea and at Dos Palmas. Remaining mesquite hummocks are highly fragmented and often senescent, perhaps due to lack of groundwater.
There are approximately 43 acres of mesquite hummocks mapped within the EIHCA. Of the 43 acres, 39 acres are proposed to be conserved, meaning only 4 acres has been authorized for disturbanceThe Vista Del Norte crossing will result in the direct impacts to 0.18 acre of mesquite hummocks, and 0.79 acre of indirect impacts to mesquite hummocks, totaling 0.97 acre of impacts. No net loss of Mesquite Hummocks will occur with the conservation of approximately 4 acres of Mesquite Hummocks within the DPCA to that would not otherwise be conserved.
4.3 BIOLOGICAL CORRIDOR OR LINKAGE
While no designated corridors occur within on-site portions of the EIHCA, the EIHCA as a whole serves as a biological corridor and linkage to the Indio Hills Conservation Area through the Thousand Palms Conservation Area, which ultimately links with Joshua Tree National Park (refer to Exhibit 2).
In the southern portion of the EIHCA, the All American Canal serves as the primary corridor for local wildlife movement. However, since the southern terminus of the EIHCA is bordered by Interstate 10 to the south, a mix of developed and undeveloped land to the west, undeveloped and agricultural land to the north and undeveloped land to the east, this portion of the EIHCA is constrained by edge effects.
The installation of box culverts (two 12 ft x 9 ft RCB sections) in the canal and 6 large culverts (each being approximate 8 ft x 10 ft wide) on the east side of the levee, with soft “natural” bottoms composed of sandy substrate, will ensure the regular functionality of the All American Canal is maintained, flows will be maintained within the Canal and its function as a biological corridor will be maintained (refer to Appendix C). The culverts will provide line of site from one side to the other, allowing wildlife to visually see across the culvert, which allows wildlife to more readily use the culverts as a corridor.
Access roads along each side of the All American Canal will continue to provide access to the south for terrestrial and aerial wildlife species. Note that drainage structure design in only in the preliminary phase as the Project is a Program EIR and Specific Plan. During final design there is the potential for culvert dimensions to change, potentially reducing the number of and increasing the size of required culverts.
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Vegetation (within EIHCA)
KPC COACHELLA SPECIFIC PLAN
Exhibit 5
O
Source: ESRI Aerial Imagery, CVMSHCP, Riverside County
0 250 500 1,000
Feet
Legend
Project Site
Conservation Areas
East Indio Hills Conservation Area
Sonoran Creosote Bush Scrub
Mesquite Hummocks
Tamarisk Scrub
Disturbed
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EIHCA Core Habitat
KPC COACHELLA SPECIFIC PLAN
Exhibit 6
O
Source: ESRI Aerial Imagery, Riverside County
0 2,500 5,000 10,000
Feet
Legend
Project Site
Vista Del Norte Canal Crossing
CVMSHCP Conservation Areas
East Indio Hills Conservation Area
Flat-tailed Horned Lizard
Le Conte's Thrasher
CV Round-Tailed Ground Squirrel
PS Pocket Mouse
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KPC Coachella Specific Plan
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Section 5 Equivalency Analysis for the Proposed
Modification to the East Indio Hills
Conservation Area
As shown in Table 4-81a of the MSHCP, disturbance or habitat loss is limited within the City of Coachella’s portion of the EIHCA. In order to authorize the proposed 64.67 acres of impacts in the existing EIHCA, a modification supported by an equivalency analysis is proposed. The equivalency analysis for the proposed modification will ensure consistency with the MSHCP and will result in a net increase of 35.33 acres of conserved modeled habitat.
The rationale for the equivalency analysis is based on:
• The CVMSHCP’s acknowledgement that it may be possible to achieve the Plan’s conservation goals through a different configuration or modification of the EIHCA; • The proposed modification or Like Exchange will result in equal or greater benefits to Covered Species and conserved natural communities as compared to those benefits analyzed in the CVMSHCP (existing Conservation Area boundaries);
• The level of take of (impact to) Covered Species is no greater than that analyzed in the Plan; and
• The ecological processes associated with the project will improve the ecological processes associated with the EIHCA from what was assumed when the CVMSHCP was adopted.
This section presents the above rationale, identifies the proposed modification or Like Exchange acreage requirements, describes the baseline against which the modification or Like Exchange is compared, and summarizes the required equivalency findings. Additionally, this section compares the effects/benefits of the proposed project with the proposed modification, and a project on the same site not deviating from the Conservation Area Conservation Objectives.
5.1 COVERED SPECIES HABITAT AND LEVEL OF TAKE
As explained in detail below, the conservation of suitable habitat and level of take of Covered Species with the proposed modification provides an increase in additional conserved land that is biologically superior in terms of habitat quality and the number of covered species it supports. The net result is an increase in conservation area and covered species beyond that would occur without the like exchange.
Impacts to the EIHCA and donation of the 100-acres to the DPCA will not increase Take within the CVMSHCP, but will increase areas for conservation. This section addresses the specific habitat requirements of the species of concern on the site. Development of the Vista Del Norte Crossing will result in a total of 64.67 acres of impacts to the EIHCA. The Plan allows for various impacts to core habitat within the City of Coachella’s portion of the EIHCA. KPC has acquired 100 acres of private land to the southeast, immediately adjacent to DPCA (refer to Exhibit 5 and Exhibit 7, DPCA Core Habitat), to be added to the DPCA, to compensate for the loss of habitat within the EIHCA.
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The habitat within the EHICA has been disturbed by the installation of the All American Canal and grading activities to the east. Additionally, this section of the EIHCA is constrained by developments to the west, agricultural activities to the east, and Interstate 10 to the south. These surrounding land uses, combined with onsite anthropogenic disturbances, have degraded the habitat quality and restricted wildlife movement within the southern terminus of the EIHCA, thereby reducing its long-term conservation value.
In contrast, the habitat within the DPCA and its surrounding area remains undeveloped within minimal anthropogenic disturbances. The undisturbed habitats within and around the 100-acre area proposed for inclusion in the DPCA are of higher quality than those in the impacted areas of the EIHCA, as they are not constrained by surrounding development and have not experienced significant anthropogenic disturbances. As a result, the 100-acre area to be included in the DPCA offers greater long-term conservation value than the habitats being impacted in the EIHCA.
Core habitat for each of the Covered Species addressed in the EIHCA will be conserved at a higher acreage with higher quality habitats throughout the CVMSHCP Conservation Areas because of the proposed modification. As previously noted, the proposed donation site provides habitat that is not as constrained as the habitats within the EIHCA, and is subject to less anthropogenic disturbances which provides higher quality habitats for the core species.
Conservation
Objective
Total Acres in
Conservation
Area
Existing
Conservation
Lands
Acres of
Disturbance
Authorized
(threshold)
Remaining
Acres to
be
Conserved
Acres of Impact
from Vista Del
Norte Crossing
bridge(direct)
/total(indirect)
Acres Proposed
for Conservation
within the DPCA
Net Increase
of
Conservation
Lands
Conserve Other
Cons. Habitat for
flat-tailed horned
lizard
6 ac 0 1 ac 5 ac 1.32 / 6.43 ac 87.01 ac 79.26 ac
Conserve Other
Cons. Habitat for
Le Conte’s
thrasher
62 ac 0 6 ac 56 ac 7.19 / 54.99 ac 69.61 ac 7.43 ac
Conserve Other
Cons. Habitat for
CV round-tailed
ground squirrel
6 ac 0 1 ac 5 ac 1.43 / 6.51 ac 18.38 ac 10.44 ac
Conserve Other
Cons. Habitat for
Palm Springs
pocket mouse
8 ac 0 1 ac 7 ac 1.43 / 8.3 ac 46.40 36.67 ac
5.1.1 Flat-tailed Horned Lizard
Of the 100 acres proposed for conservation, 87.01 acres are considered core habitat for flat-tailed horned lizard. This will result in a net increase of 79.26 acres of conservation of potential and predicted flat-tailed horned lizard habitat to compensate for the 1.32 acres of direct and 6.43 acres of indirect impacts to flat-tailed horned lizard core habitat within the EIHCA. Based on the information provided
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above, the proposed mitigation for flat-tailed horned lizard habitat will be biologically superior to what would otherwise occur.
5.1.2 Le Conte’s Thrasher
Of the 100 acres proposed for conservation, 69.61 acres are considered core habitat for Le Conte’s thrasher. This will result in a net increase of 7.43 acres of conservation of predicted and potential Le Conte’s thrasher habitat to compensate for the 62.18 acres of impacts to Le Conte’s thrasher core habitat in the EIHCA. Based on the information provided above, the level of take of Le Conte’s thrasher habitat will be biologically superior to what would otherwise occur.
5.1.3 Coachella Valley Round-tailed Ground Squirrel
Of the 100 acres proposed for conservation, 18.38 acres are considered core habitat for Coachella Valley round-tailed ground squirrel. This will result in a net increase of 10.44 acres of conservation of predicted and potential Coachella Valley round-tailed ground squirrel habitat to compensate for the
1.43 acres of direct and 6.51 acres of indirect impacts to Coachella Valley round-tailed ground squirrel core habitat in the IEHCA. Based on the information provided above, the level of take of Coachella Valley round-tailed ground squirrel habitat will be biologically superior to what would otherwise occur.
5.1.4 Palm Springs Pocket Mouse
Of the 100 acres proposed for conservation, 46.40 acres are considered core habitat for Palm Springs pocket mouse. This will result in a net increase of 36.67 acres of conservation of predicted and potential Palm Springs pocket mouse habitat to compensate for the 1.43 acres of direct and 8.3 acres of indirect impacts to Palm Springs pocket mouse core habitat associated with the project in the EIHCA. Based on the information provided above, the level of take of Palm Springs pocket mouse habitat will be biologically superior to what would otherwise occur.
5.2 NATURAL COMMUNITIES
On-site portions of the EIHCA support Sonoran creosote bush scrub and mesquite hummocks in addition to Tamarisk Scrub and disturbed and developed land. The proposed additional conservation areas support Sonoran creosote bush scrub, mesquite hummocks and desert sink scrub, absent the Tamarisk Scrub and disturbed and developed land supported in on-site portions of the EIHCA. In addition, while no habitat-specific conservation goals are identified for the Coachella portion of the EIHCA, the conservation goals of the DPCA do include conservation of mesquite hummocks, which are present within the proposed conservation land additions. Therefore, based on the information provided in Section 5.1 above, the proposed modification will result in an increase in acreage of conserved Sonoran creosote bush scrub and mesquite hummocks with improved overall habitat function and values.
Further, while the Coachella portions of the EIHCA do not specify conservation goals for mesquite hummocks, the mesquite hummocks supported in the conservation land additions will contribute to the habitat conservation goals of the DPCA.
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According to Table 10-8 of the CVMSHCP, Summary of Natural Community within Conservation Areas: Mesquite Hummocks, a total of 43 acres of mesquite hummocks occur within the EIHCA. A total of 4 acres are subject to impacts. As a result, a total of 39 acres are to be conserved within the CVMSHCP Reserve System.
As previously noted, the Vista Del Norte crossing will result in the direct impacts to 0.18 acre of mesquite hummocks, and 0.79 acre of indirect impacts to mesquite hummocks, totaling 0.97 acre of impacts. The proposed mitigation will result in the conservation of approximately 4 acres of Mesquite Hummocks within the DPCA to that would not otherwise be conserved, resulting in a net increase of
3.03 acres of mesquite hummocks being added to the Reserve System on conservation.
5.3 BIOLOGICAL CORRIDORS AND LIKANGES
While no official corridors or linkages are mapped within on-site portions of the EIHCA, the All American Canal, its adjacent access roads and habitat on either side of the Canal are expected to provide a linkage or biological corridor between the EIHCA and the Indio Hills Conservation Area through the Thousand Palms Conservation Area (refer to Exhibit 2). Project impacts in the vicinity of the All American Canal will be limited to the Vista Del Norte Crossing, which is designed to maintain flows through the All American Canal, ultimately preserving its function as a biological corridor in the longterm. The proposed conservation that the project will preserve a biologically superior corridor than that analyzed in the MSHCP because the habitats within the EIHCA are constrained by existing development and anthropogenic disturbances.
Inclusion of the 100 acre area into the DPCA would provide additional local wildlife movement opportunities to the Dos Palmas Preserve to the north and Salt Creek to the southeast. The addition of the 100 acres to the DPCA will enhance local wildlife movement opportunities by adding additional undeveloped habitat to the DPCA that will act as an additional habitat buffer/refugia habitat to the Dos Palmas Preserve to the north and Salt Creek.
5.4 ESSENTIAL ECOLOGICAL PROCESSES
No key ecological processes are indicated by the MSHCP as occurring within or adjacent to on-site portions of the EIHCA, nor are any located within or adjacent to the proposed conservation land additions. Project activities would ensure the continued functionality of the All American Channel and surrounding flood control infrastructure via the installation of culverts, and regular flows will be maintained within all on-site portions of the EIHCA. Therefore, the proposed project would result in overall superior conditions affecting essential ecological processes.
5.5 CONSERVATION AREA CONFIGURATION AND
MANAGEMENT
None of the three proposed conservation land additions occur within the existing boundaries of a Conservation Area. The largest of the three parcels occurs adjacent to the western boundary of the DPCA and the remaining two parcels occur adjacent to each other and share an adjoining corner with
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Equivalency Analysis
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the largest parcel. The inclusion of these adjacent parcels will add 100 acres to the overall DPCA (refer to Exhibit 4). While the overall addition exhibits some fragmentation compared to the existing boundary of the DPCA, the land adjacent to these areas primarily consists of privately-owned parcels of similar habitats and topography as the additions and no adjacent development is present.
Furthermore, this addition will help connect the larger DPCA with the smaller area extending from it, enhancing habitat continuity. Therefore, the proposed mitigation is not expected to create any new or additional concerns regarding the configuration and/or management of existing DPCA boundary adjustment.
The likelihood of development occurring on the parcels surrounding the 100-acre area is currently unknown. However, there are approximately eleven property owners of these surrounding parcels, and there have been no past or recent attempts to develop the land. This desolate area would require significant infrastructure to support development, making it unviable for large-scale development.
Based on a review of recent and historic aerial images and field surveys, the 100-acre area has not been subject to routine or high levels of off-road vehicle activity. Due to the site's remote nature, off-road vehicle activities is limited to Line Road, outside of the proposed 100 acre area, and areas immediately adjacent to the road. The 100 acre area has been subject to minimal off-road vehicle use since it is not easily accessible. Additionally, the Desert Air Sky Ranch 63-CA, is located approximately 0.3 mile southwest of the 100 acre area. The airstrip along with utility lines in the area does not pose additional management concerns. The airstrip is confined to its boundaries west of the 100 acre area, and utility line maintenance would be minimal.
The primary conservation goals for Coachella’s portion of the EIHCA include conserving up to 73 acres of “Core Habitat” for the four species discussed above, as well as conserving Covered Species where they occur. The proposed modification will support this objective by conserving 100 acres of modeled core habitat for the Covered Species in the DPCA, which will increase the overall acreage of conserved habitat than would occur without the Like Exchange.
The Conservation Objectives for EIHCA are as follows (the conservation objectives are listed first followed by the rationale of how the conservation area objectives are still being met with the proposed conservation):
1. In total, 2,790 acres of the East Indio Hills Conservation Area shall be conserved. (This may be less than the sum of acres indicated in the following objectives because there can be overlap among areas covered by the objectives. For example, Core Habitat for two or more species may overlap, or Core Habitat and an Essential Ecological Process area may overlap. The individual acreage figures will be used in compliance monitoring.) The proposed Vista Del Norte Crossing is located at the southern terminus of the EIHCA, an area affected by edge effects from surrounding anthropogenic disturbances. The majority of the EIHCA lies west of the project site, beyond Dillon Road, and will not be impacted from the Vista Del Norte Crossing. The conservation of land within the Indio Hills, west of the project site, within the EIHCA, ensures ample habitat is preserved as part of the CVMSHCP.
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2. Conserve Habitat, as set forth below, for Mecca aster, flat-tailed horned lizard, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse, allowing evolutionary processes and natural population fluctuations to occur. Minimize fragmentation, human-caused disturbance, and edge effects by conserving contiguous Habitat patches and effective Linkages.
a. Conserve at least 1,045 acres of Other Conserved Habitat for the Mecca aster in the Riverside County portion of the area.
There are not conservation requirements for Mecca aster within the City of Coachella’s portion of the EIHCA. No impacts to Mecca aster will occur from development of the Vista Del Norte Crossing. b. Conserve at least 415 acres of Other Conserved Habitat for the flat-tailed horned lizard in the Riverside County portion of the area, at least 5 acres in the City of Coachella portion, and at least 100 acres in the City of Indio portion. Conservation of species Habitat in the City of Indio is subject to the conditions in measure 1 of the Required Measures for the Conservation Area section below.
Approximately 6 acres of core habitat are mapped within the EIHCA within the City of Coachella for flat-tailed horned lizard. Of the 6 acres, 1 acre has been authorized for disturbance, and 5 acres are described for conservation. The proposed project will directly impact 1.32 acres and will indirectly impact 6.43 acres of mapped habitat for flat-tailed horned lizard. Adding the 100-acre area to the DPCA will contribute 87.1 acres of additional habitat for the flat-tailed horned lizard to the overall CVMSHCP. This will more than compensate for the take within the City of Coachella's portion of the EIHCA and exceeds the conservation objectives of the EIHCA. c. Conserve at least 1,253 acres of Other Conserved Habitat for Le Conte’s thrasher in the Riverside County portion of the area, at least 56 acres in the City of Coachella portion, and at least 105 acres in the City of Indio portion. Conserve Le Conte’s thrasher nesting sites in the area as described in Section 4.4 for avoidance, minimization, and mitigation measures. Conservation of species Habitat in the City of Indio is subject to the conditions in measure 1 of the Required Measures for the Conservation Area section below.
Approximately 62 acres of core habitat are mapped within the EIHCA within the City of Coachella for Le Conte’s thrasher. Of the 62 acres, 6 acres have been authorized for disturbance, and 56 acres are described for conservation. The proposed project will directly impact 7.19 acres and will indirectly impact 63.96 acres of mapped habitat for Le Conte’s thrasher. Adding the 100-acre area to the DPCA will contribute 69.6 acres of additional habitat for the Le Conte’s thrasher to the overall CVMSHCP.
This will compensate for the additional take within the City of Coachella's portion of the EIHCA and meet the conservation objectives of the EIHCA.
d. Conserve at least 896 acres of Other Conserved Habitat for the Coachella Valley round-tailed ground squirrel in the Riverside County portion of the area, at least 5 acres in the City of Coachella portion, and at least 103 acres in the City of Indio portion.
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Conservation of species Habitat in the City of Indio is subject to the conditions in measure 1 of the Required Measures for the Conservation Area section below.
Approximately 6 acres of core habitat are mapped within the EIHCA within the City of Coachella for Coachella Valley round-tailed ground squirrel. Of the 6 acres, 1 acre has been authorized for disturbance, and 5 acres are described for conservation. The proposed project will directly impact 1.43 acres and will indirectly impact 6.51 acres of mapped habitat for Coachella Valley round-tailed ground squirrel. Adding the 100-acre area to the DPCA will contribute 18.4 acres of additional habitat for the Coachella Valley round-tailed ground squirrel to the overall CVMSHCP. This will compensate for the additional take within the City of Coachella's portion of the EIHCA and meet the conservation objectives of the EIHCA.
e. Conserve at least 944 acres of Other Conserved Habitat for the Palm Springs pocket mouse in the Riverside County portion of the area, at least 7 acres in the City of Coachella portion, and at least 103 acres in the City of Indio portion. Conservation of species Habitat in the City of Indio is subject to the conditions in measure 1 of the Required Measures for the Conservation Area section below.
Approximately 8 acres of core habitat are mapped within the EIHCA within the City of Coachella for Palm Springs pocket mouse. Of the 8 acres, 1 acre has been authorized for disturbance, and 7 acres are described for conservation. The proposed project will directly impact 1.43 acres and will indirectly impact 8.3 acres of mapped habitat for Palm Springs pocket mouse. Adding the 100-acre area to the DPCA will contribute 46.4 acres of additional habitat for the Palm Springs pocket mouse to the overall CVMSHCP. This will compensate for the additional take within the City of Coachella's portion of the EIHCA and meet the conservation objectives of the EIHCA.
3. Conserve at least 4 acres of active desert dunes in the Riverside County portion; at least 295 acres of stabilized and partially stabilized desert sand fields in the Riverside County portion of the area; at least 100 acres of stabilized shielded desert sand fields in the City of Indio portion of the area and at least 256 acres in the Riverside County portion; at least 2 acres of mesquite hummocks in the City of Indio portion of the area and at least 39 acres in the Riverside County portion; and at least 7 acres of desert saltbush scrub in the Riverside County portion of the area to conserve these natural communities. Conservation of natural communities in the City of Indio is subject to the conditions in measure 1 of the Required Measures for the Conservation Area section below.
The Vista Del Norte Crossing is located within the City of Coachella’s portion of the EIHCA; therefore, these conservation objectives to no apply to the project.
4. Consistent with the research program described in Section 8.4.1.2, restore 80 acres of mesquite hummocks if 80% of the mesquite hummocks natural community in the south half of Section 17, T5S, R8E, is not conserved under the Plan. If the 80% is conserved, the Conservation Objective shall be to restore 40 acres of mesquite hummocks.
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The Vista Del Norte Crossing is not located within Section 17, T5S, R8E; therefore, these conservation objectives to no apply to the project.
Overall, considering the configuration of the additional conservation areas in the DPCA and the lack of changes in otherwise allowable uses in the EIHCA, the proposed modification would result in biologically superior conservation configuration and management requirements as compared to what was analyzed under the CVMSHCP.
5.6 ECOTONES AND OTHER CONDITIONS AFFECTING SPECIES
DIVERSITY
On-site portions of the EIHCA are mapped as Sonoran creosote bush scrub and mesquite hummocks, in addition to Tamarisk Scrub and disturbed and developed land and occur in a larger area of similar habitats and land uses with topographic relief in the form of rolling hills and desert washes. Existing development, flood control infrastructure, and land uses that surround on-site portions of the EIHCA limit the presence of ecotones within or adjacent to on-site portions of the EIHCA. The proposed conservation land additions to the DPCA are mapped as supporting the same natural plant communities as impacted areas within the EIHCA, in addition to desert sink scrub and presumed intergrade areas and are not isolated by existing development. As such, the potential for ecotones and improved diversity in the proposed conservation additions is higher than the impacted areas within the EIHCA. The proposed modification would result in overall superior conditions affecting species diversity as that analyzed under the CVMSHCP.
5.7 ACREAGE CONTRIBUTED TO THE CONSERVATION AREAS
Development of the proposed project will result in a total of 64.67 acres of impacts to the EIHCA. KPC has agreed to acquire 100 acres of private land adjacent to the existing western boundary of the DPCA which will be added to the DPCA. The proposed additional conservation land results in a net contribution of 35.33 acres of conserved habitat.
5.8 CONTROL OVER MITIGATION PROPERTY
The mitigation properties are presently privately owned parcels that have been acquired by the Project Applicant and will be donated over to CVCC for inclusion in the DPCA. This will allow these properties to be managed as part of the existing DPCA.
5.9 EQUIVALENCY FINDINGS
The proposed modification would result in biologically superior conservation acreage and value, as summarized here using the mandatory categories for equivalency analysis listed in CVMSHCP Section
6.12. A more complete analysis is provided in above Section 6 of this report:
• Level of Habitat Conservation and Take of Covered Species(The Level of Take is No Greater than that Analyzed in the Plan) The conservation of suitable habitat and level of take of covered species with the proposed modification would be greater in size and biologically superior to what
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would otherwise occur for all potentially occurring species. On-site portions of the EIHCA, including areas of permanent and temporary impacts, are within core habitat for flat-tailed horned lizard, Le Conte’s thrasher, Coachella Valley round-tailed ground squirrel, and Palm Springs pocket mouse. While impacts will be limited to the Vista Del Norte crossing within the City of Coachella’s portion of the EIHCA, the Project Applicant has acquired 100 acres of habitat that is within CVMSHCP modeled habitat for the aforementioned wildlife species immediately adjacent to the DCPA. This will result in the net increase of 35.33 acres to modeled habitats that would not otherwise be conserved. The level of habitat conservation and take of covered species will be biologically superior to what would otherwise occur without the proposed modification. The points below further describe potential habitat conservation and take of covered species. The installation of the Vista Del Norte Crossing will reduce core habitat within the EIHCA, but will increase core habitat within the DPCA, resulting in a net overall increase in protected core habitat.
In accordance with Section 4.6 of the CVMSHCP, the CVMSHCP anticipated Take for Listed Species (animal species) both outside and within the Conservation Areas. In addition, a small percentage of Take can occur within the Conservation Areas under the Plan.
The table below provides compares the acreages of core habitats for species and plant communities within the EIHCA and DPCA. As previously noted, the Vista Del Norte Crossing will impact core habitat for several species. However, similar habitat types that are biologically superior are proposed to be conserved within the donation site that connects with the DPCA. Even thought the project will impact core habitat for several species, the donation site generally provides more core habitat for species, including species not included in the EIHCA. As the project may result in some habitat loss, the donation site compensates by providing a larger or more diverse area of core habitat. This includes support for additional species not covered by the EIHCA, helping to offset the project's impacts.
MSHCP Species Acres in
EIHCA
Acres in
DPCA
Crissal thrasher 0.25 4.01
CV round-tailed
ground squirrel 6.34 17.64
Desert tortoise 55.20 0
flat-tailed horned
lizard 6.21 89.41
Least Bell’s vireo 0.25 4.01
Le Conte’s thrasher 60.79 69.50
Palm Springs pocket
mouse
7.75 45.95
Summar tanager 0.25 36.59
Southwestern willow
flycatcher 0.25 0
Yellow breasted chat 0.25 36.60
Yellow warbler 0.25 36.60
Sonoran creosote bush
scrub 60.54 65.49
Item 25.
Equivalency Analysis
KPC Coachella Specific Plan
Like Exchange 33
Mesquite Hummocks 0.25 4.01
Desert Sinks 0 32.56
Flat-Tailed Horned Lizard
Focusing on the City of Coachella’s portion of the EIHCA, approximately 6 acres of core habitat are mapped for flat-tailed horned lizard. Of the 6 acres, 1 acre has been authorized for disturbance, and 5 acres are described for conservation.
Adding the 100-acre area to the DPCA will contribute 87.1 acres of additional habitat for the flattailed horned lizard to the overall CVMSHCP. This will more than compensate for the additional take within the City of Coachella's portion of the EIHCA to ensure that the level of Take is no greater than that analyzed in the CVMSHCP.
Le Conte’s Thrasher
Focusing on the City of Coachella’s portion of the EIHCA, approximately 62 acres of core habitat are mapped for Le Conte’s thrasher. Of the 62 acres, 6 acres have been authorized for disturbance, and 56 acres are described for conservation.
Adding the 100-acre area to the DPCA will contribute 69.6 acres of additional habitat for the Le Conte’s thrasher to the overall CVMSHCP. This will more than compensate for the additional take within the City of Coachella's portion of the EIHCA to ensure that the level of Take is no greater than that analyzed in the CVMSHCP.
Coachella Valley Round Tailed Ground Squirrel
Focusing on the City of Coachella’s portion of the EIHCA, approximately 6 acres of core habitat are mapped for Coachella Valley round-tailed ground squirrel. Of the 6 acres, 1 acre has been authorized for disturbance, and 5 acres are described for conservation.
Adding the 100-acre area to the DPCA will contribute 18.4 acres of additional habitat for the Coachella Valley round-tailed ground squirrel to the overall CVMSHCP. This will more than compensate for the additional take within the City of Coachella's portion of the EIHCA to ensure that the level of Take is no greater than that analyzed in the CVMSHCP.
Palm Springs Pocket Mouse
Focusing on the City of Coachella’s portion of the EIHCA, approximately 8 acres of core habitat are mapped for Palm Springs pocket mouse. Of the 8 acres, 1 acre has been authorized for disturbance, and 7 acres are described for conservation.
Adding the 100-acre area to the DPCA will contribute 46.4 acres of additional habitat for the Palm Springs pocket mouse to the overall CVMSHCP. This will more than compensate for the additional take within the City of Coachella's portion of the EIHCA to ensure that the level of Take is no greater than that analyzed in the CVMSHCP.
Item 25.
Equivalency Analysis
KPC Coachella Specific Plan
Like Exchange 34
Mesquite Hummocks
Within the City of Coachella’s portion of the EIHCA, the extension of Vista Del Norte will result in the direct impacts to 0.18 acre of mesquite hummocks, and 0.79 acre of indirect impacts to mesquite hummocks, totaling 0.97 acre of impacts.
To ensure no net loss of mesquite hummocks, approximately 4 acres of mesquite hummocks will be conserved within the proposed 100 acre area, that would not otherwise be conserved and subject to development. The conservation of the 4 acres of mesquite hummocks will compensate for the take within the City of Coachella's portion of the EIHCA to ensure that the level of Take is no greater than that analyzed in the CVMSHCP.
• Potential Habitat fragmentation The area of impact within the EIHCA has been minimized to the maximum extent practicable. The project footprint includes the minimum impacts to the EIHCA required to provide sufficient access between the Specific Plan area and the City of Coachella via the Vista Del Norte Crossing. Most of the impacts to the EIHCA will not be permanent impacts from the installation of the crossing, but rather indirect impacts from the fragmentation of existing habitat and reduction in local connectivity to the southern terminus of the EIHCA due to the road exceeding the width dimensions approved in the CVMSHCP.
The proposed conservation areas will provide an overall increase to conserved modeled species habitat and lands conserved under the CVMSHCP. Additionally, post construction, the two large culverts within the All American Canal and associated access roads and the 6 large culverts on the east side of the existing levee, will continue to provide local wildlife movement opportunities both along the All American Canal under the expanded Vista Del Norte crossing to and from the southern terminus of the EIHCA that will not be directly impacted by the road crossing. The habitat within the southern terminus of the EIHCA, once the project is completed, will continue to provide local wildlife movement opportunities similar to those in its current condition. • Effects on Natural Communities. Both the impact area and the additional conservation land are part of the same natural Sonoran creosote bush scrub community and support natural mesquite hummocks. The extension of Vista Del Norte will result in the direct impacts to 0.18 acre of mesquite hummocks, and 0.79 acre of indirect impacts to mesquite hummocks, totaling 0.97 acre of impacts; while approximately 4 acres of mesquite hummocks will be conserved within the proposed 100 acre area. Additionally, the impact area also supports an introduced tamarisk scrub community and disturbed and developed land, which are absent in the conservation land additions.
Therefore, the additional conservation land provides overall superior biological functions and values.
Two (2) natural plant communities occur within the Vista Del Norte Crossing; Sonora creosote bush scrub and mesquite hummocks. Additionally, the Vista Del Norte Crossing supports a narrow swathe of Tamarisk Scrub and two land cover types that would be classified as disturbed and developed. The natural plant communities within the EHICA has been disturbed by the installation of the All American Canal and grading activities to the east, and are constrained by developments to the west, agricultural activities to the east, and Interstate 10 to the south.
Item 25.
Equivalency Analysis
KPC Coachella Specific Plan
Like Exchange 35
These surrounding land uses, combined with onsite anthropogenic disturbances, have degraded the natural plant communities within the southern terminus of the EIHCA. These existing edge effects have already fragmented the southern terminus of the EIHCA where the Vista Del Norte Crossing will be installed. As a result, the development of the Vista Del Norte Crossing will have limited effects on natural communities within the southern terminus of the EIHCA, and is not anticipated to result in increased edge effects.
The DPCA supports two natural plant communities: Sonora creosote bush scrub and mesquite hummocks, which have experienced minimal anthropogenic disturbances. Adding the 100 acres to the DPCA will provide additional undeveloped habitat, acting as a buffer for the Dos Palmas Preserve to the north and Salt Creek to the east. Furthermore, this addition will help connect the larger DPCA with the smaller area extending from it, enhancing habitat continuity. • Effects on Biological Corridors and Linkages. Per Section 4.3.15 of the CVMSHCP, the EIHCA has potential habitat connectivity with the Thousand Palms Conservation Area through the Indio Hills Palms Conservation Area, which is located northwest of the Vista Del Norte crossing. As previously noted, the Vista Del Norte crossing is located at the southern terminus of the EIHCA and only has the potential to provide local wildlife movement opportunities. The majority of the biological corridors/linkages associated with EIHCA are located northwest of the project site, west of Dillon Road, within the undeveloped Indio Hills.
Approximately 64.67 acres of impact will occur at the southern terminus of the EIHCA along the All American Canal, which functions as local wildlife movement corridor, but is not formally recognized as a regional corridor in the CVMSHCP. Permanent impacts to on-site portions of the EIHCA include measures to maintain the function of the All American Canal and will not impact flows or wildlife movement in the long-term. Therefore, the overall local wildlife movement activities within this portion of the EIHCA where the crossing will be installed will remain intact with the installation of the box culverts over the All American Canal and 6 large culverts on the east side of the levee. Additionally, the crossing is not expected to impact the larger corridor/linkage within the EIHCA as the majority of wildlife movement is expected to occur in the Indio Hills west of the site, and will not fragment habitat since the culverts will continue to provide local wildlife movement in the southern terminus of the EIHCA. The functionality of the biological corridors and linkage within this portion of the EIHCA will remain biologically equivalent.
Further, as documented in Section 4.3.19 of the CVMSHCP, biological corridors and linkages within the DPCA have been disrupted by the Coachella Canal which has disrupted connectivity with the Orocopia Mountains to the north. The 100-acre area is located south of the Coachella Canal and provides local wildlife movement opportunities to the Dos Palmas Preserve to the north and Salt Creek to the southeast. The addition of the 100 acres to the DPCA will enhance local wildlife movement opportunities by adding additional undeveloped habitat to the DPCA that will act as an additional habitat buffer to the Dos Palmas Preserve to the north and Salt Creek. • Effects on Essential Ecological Processes. No areas indicated to support essential ecological processes will be impacted by project activities (i.e., sand movement/transportation). The
Item 25.
Equivalency Analysis
KPC Coachella Specific Plan
Like Exchange 36
proposed project would result in the provision of essential ecological processes that are biologically equivalent to what would occur without the proposed modification.
Per the CVMSHCP, the Essential Ecological Processes within the EIHCA (Section 4.3.15) include the Indio Hills which are part of the watershed for mesquite hummocks. As previously noted, the extension of Vista Del Norte will result in direct impacts to 0.18 acre of mesquite hummocks, and 0.79 acre of indirect impacts to mesquite hummocks. Direct impacts to mesquite hummocks will be mitigated by the conservation of approximately 4 acres of mesquite hummocks within the 100 acre area being added to the DPCA. Once construction of the crossing is complete, the box culverts over the All American Canal and 6 large culverts on the east side of the levee will continue to support the watershed that supports the 0.79 acre of mesquite hummocks.
The Essential Ecological Processes within the DPCA, as listed in the CVMSHCP (Section 4.3.19), have been impacted by the Coachella Canal, which has blocked some of the natural drainage patterns from the Orocopia Mountains. It should be noted that Salt Creek remains largely intact within the DPCA. The 100 acres that will be included in the DPCA are located approximately
0.25 mile southwest of a drainage feature that is tributary to Salt Creek (approximately 2 miles southwest). The 100 acre area will conserve additional upstream habitat that supports mesquite hummocks and undisturbed CVMSHCP modeled habitat.
• Effects on Conservation Area Configuration and Management. The installation of the Vista Del Norte crossing will have both permanent and temporary impacts to the EIHCA. However, the box culverts over the All American Canal and 6 large culverts on the east side of the levee (with soft “natural” bottoms) will maintain local wildlife movement opportunities within the southern terminus of the EIHCA after installation of the Vista Del Norte Crossing. Additionally, the acquisition of conservation lands that would be added to the DPCA, will result in additional lands being added to the DPCA that are biologically superior to the habitats being impacted within the EIHCA, which will result in a biologically superior configuration and management of CVMSHCP Conservation Areas The 100 acre area to be added to the DPCA will decrease potential edge effects on Salt Creek, the major wildlife corridor in the DPCA, by adding additional buffer/refugia habitat to the overall DPCA that will be protected in perpetuity. . • Effects on Ecotones and Other Conditions Affecting Species Diversity. On-site portions of the EIHCA are part of a larger mapped area of Sonoran creosote scrub but are mostly surrounded by existing development and infrastructure. The EIHCA, within the Vista Del Norte Crossing, provides core habitat for Flat-tailed horned lizard, Le Conte’s thrasher, Coachella Valley roundtailed ground squirrel, and Palm Springs pocket mouse. Additionally, the on-site portions of the EIHCA supports CVMSHCP modeled habitat for yellow warbler, yellow-breasted chat, Crissal thrasher, summer tanager, least Bell’s vireo, desert tortoise, as well as mesquite hummocks.
As previously noted, the habitat within the EHICA has been disturbed by the installation of the All American Canal and grading activities to the east, and is constrained by developments to the west, agricultural activities to the east, and Interstate 10 to the south, thereby limiting the presence of ecotones or transitional habitats associated with on-site portions of the EIHCA. These surrounding land uses, combined with onsite anthropogenic disturbances, have degraded the
Item 25.
Equivalency Analysis
KPC Coachella Specific Plan
Like Exchange 37
habitat quality and restricted wildlife movement within the southern terminus of the EIHCA, thereby reducing its long-term conservation value and overall species diversity.
The proposed conservation area, adjacent to the DPCA, supports CVMSHCP modeled habitat for all the same species listed in the EIHCA, as well as mesquite hummocks. Additionally, the habitat within the DPCA and its surrounding area remains undeveloped with minimal anthropogenic disturbances. The undisturbed habitats within and around the 100-acre area proposed for inclusion in the DPCA are of higher quality than those in the impacted areas of the EIHCA, as they are not constrained by surrounding development and have not experienced significant anthropogenic disturbances. As a result, the 100-acre area to be included in the DPCA offers greater long-term conservation value than the habitats being impacted in the EIHCA. Overall species diversity is not expected to be reduced by the proposed modification. • Equivalent or Greater Acreage. The proposed project, with the contribution of 3 parcels of additional conservation land totaling 100 acres of Core Habitat, will result in greater conservation acreage (35.33 additional acres of like habitat) than would otherwise occur without the proposed modification.
Control Over Mitigation Property. The applicant has control over all mitigation property for the proposed project and will deed all properties to the CVCC for inclusion into the DPCA. The three parcels of mitigation property are presently privately owned parcels by the Applicant.
Item 25.
DPCA Core Habitat
KPC COACHELLA SPECIFIC PLAN
Exhibit 7
O
Source: ESRI Aerial Imagery, Riverside County
0 2,500 5,000 10,000
Feet
LEGEND
Project Site
Proposed Conservation Parcel Boundaries
Proposed Conservation Area
CVMSHCP Modeled Habitat
Mesquite Hummocks
Flat-tailed Horned Lizard
PS Pocket Mouse
CV Round-Tailed Ground Squirrel
Le Conte's Thrasher
CVMSHCP Conservation Areas
Coachella Valley Stormwater Channel and Delta Conservation Area Desert Tortoise and Linkage Conservation Area
Dos Palmas Conservation Area
East Indio Hills Conservation Area
Joshua Tree National Park Conservation Area
Mecca Hills/Orocopia Mountains Conservation Area
Santa Rosa and San Jacinto Mountains Conservation Area
Item 25.
KPC Coachella Specific Plan
Like Exchange 39
Section 7 Conclusion
The proposed modification, addition of 100 acres of land to the DPCA, is anticipated to allow for the construction of the Vista Del Norte Crossing over the All American Canal through the EIHCA. Besides providing necessary access for the future KPC Coachella master planned community, the inclusion of 100 acres of land into the DPCA will result in a net increase of like habitats with higher suitability or quality for covered species within the overall CVMSHCP Conservation Areas.
As noted above, the habitat within the EIHCA has been disturbed by the installation of the All American Canal and grading activities to its east. Additionally, this section of the EIHCA that is being impacted is constrained by developments to the west, agricultural activities to the east, and Interstate 10 to the south. These surrounding land uses, combined with onsite anthropogenic disturbances, have degraded the habitat quality and restricted wildlife movement within the southern terminus of the EIHCA, thereby reducing its long-term conservation value. In contrast, the habitat within the DPCA and its surrounding area remains undeveloped within minimal anthropogenic disturbances. The undisturbed habitats within and around the 100-acre area proposed for inclusion in the DPCA are of higher quality than those in the impacted areas of the EIHCA, as they are not constrained by surrounding development and have not experienced significant anthropogenic disturbances. As a result, the 100-acre area to be included in the DPCA offers greater long-term conservation value than the habitats being impacted in the EIHCA.
The rationale for this equivalency analysis in support of the proposed modification is based on:
• The CVMSHCP’s acknowledgement that it may be possible to achieve the Plan’s conservation goals through a modification or different configuration of 1 or more conservation areas; • The proposed modification will result in equal or greater benefits to Covered Species and conserved natural communities as compared to those benefits analyzed in the CVMSHCP (existing Conservation Area boundaries);
• The level of take of (impact to) Covered Species is no greater than that analyzed in the Plan; The proposed modification would result in biologically superior conservation acreage and value using the mandatory categories for equivalency analysis listed in CVMSHCP Section 6.12, summarized as follows:
• The conservation of suitable habitat and level of take of MSHCP covered species with the proposed modifications to the EIHCA and DPCA would be biologically superior to what would otherwise occur;
• The proposed modification would result in greater benefits to natural communities as compared to those benefits analyzed under the CVMSHCP;
• The function and values of existing biological corridors and essential ecological processes are not expected to be reduced by the proposed modification;
Item 25.
Conclusion
KPC Coachella Specific Plan
Like Exchange 40
• The proposed modification would result in biologically superior conservation configuration and management requirements are not expected to significantly differ compared to what would have occurred under the CVMSHCP;
• Ecotones and overall species diversity are expected to be increased by the proposed modification;
• The additional conservation parcels are greater in size, resulting in a greater acreage in MSHCP Conservation Areas; and
• The three parcels that constitute the additional conservation land have been acquired by the Applicant and, therefore, will be under the direct ownership of the applicant before being deeded to CVCC.
Based on this analysis, the proposed modification would result in biologically superior conservation value compared with implementation of the CVMSHCP without the proposed modification for this project.
Item 25.
KPC Coachella Specific Plan
Like Exchange 41
Section 8 References
Barrows, C.W. and M.F. Allen. 2009. Identifying Habitat Corridors for Palm Springs Pocket Mouse Populations.
Bolster, B.C., ed. 1998. Terrestrial Mammal Species of Special Concern in California.
California Burrowing Owl Consortium, 1993. Burrowing Owl Survey Protocol and Mitigation Guidelines. Accessed online at: www.dfg.ca.gov/wildlife/nongame/docs/boconsortium.pdf California Department of Fish and Wildlife (CDFW). 2015. RareFind 5, California Natural Diversity Data Base, California. Data Base report on threatened, endangered, rare or otherwise sensitive species and communities for the Cathedral City, Palm Springs, Desert Hot Springs, and Seven Palms Valley 7.5-minute USGS quadrangles.
California Native Plant Society (CNPS). 2014. Inventory of Rare and Endangered Plants of California. Rare Plant Scientific Advisory Committee, David P. Tibor, Convening Editor.
California Native Plant Society. Sacramento, California. Available at:
http://www.cnps.org/inventory.
California Department of Fish and Wildlife (CDFW), 2012. Staff Report on Burrowing Owl Mitigation.
Coachella Valley Association of Governments. 2007. Final Recirculated Coachella Valley MSHCP. September 2007.
Coulombe, H.N. 1971. Behavior and population ecology of the burrowing owl (Speotyto cunicularia) in the Imperial Valley of California. Condor 73: 162-176.
Faber, Phyllis M., Common Riparian Plants of California, Pickleweed Press 1996.
Faber, Phyllis M., Common Wetland Plants of Coastal California, Pickleweed Press 1996.
Haug, E.A., B.A. Millsap, and M.S. Martell. 1993. Burrowing Owl (Speotyto cunicularia). In: A.
Poole and F. Gill, editors, Birds of North America, No. 61. Philadelphia: The Academy of Natural Science; Washington DC: The American Ornithologists’ Union.
Hickman, J.C., ed. 2012. The Jepson Manual: Higher Plants of California. University of California Press.
Item 25.
References
KPC Coachella Specific Plan
Like Exchange 42
Holland, R. F. 1986. Preliminary descriptions of the Terrestrial Natural Communities of California.
California Department of Fish and Game, Sacramento, CA.
Martin, D.J. 1973. Selected aspects of burrowing owl ecology and behavior. Condor 75:446-456 McDonald, D., N.M. Korfanta, and S.J. Lantz. 2004. The Burrowing Owl: A Technical Conservation Assessment, prepared for the USFS, Rocky Mountain Region, and Species Conservation Project. Accessed online at www.fs.fed.us/r2/projects/scp/assessments/burrowingowl.pdf Munz, P.A. 1974. A Flora of Southern California. University of California Press, Berkeley, California.
Ramsen, Jr., J.V. 1978. Bird Species of Special Concern in California. Non-game Wildlife Investigations. Wildlife Management Branch Administrative Report No78-1. Report prepared for California Department of Fish and Game.
Reid, F.A. 2006. A Field Guide to Mammals of North America, Fourth Edition. Houghton Mifflin Company, New York, New York.
Sherbrooke, W.C. 2003. Introduction to Horned Lizards of North America. University of California Press: Los Angeles, CA.
Sibley, D.A. 2003. The Sibley Field Guide to Birds of Western North America. Alfred A. Knopf, Inc., New York, New York.
Stebbins, R.C. 2003. A Field Guide to Western Reptiles and Amphibians, Third Edition. Houghton Mifflin Company, New York, New York.
U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS). 2015. Web Soil Survey. Available online at http://websoilsurvey.nrcs.usda.gov/app/.
U.S. Geological Survey, 7.5 Minute Series Topographic Quadrangle, Cathedral City, California, 1958, photorevised 1981.
Western Riverside County Multiple Species Habitat Conservation Plan, 1996. Burrowing Owl Survey Requirements for the Western Riverside County MSHCP Area. March 29.
Zeiner, D.C., W.F. Laudenslayer, Jr., K.E. Mayer, and M. White, eds. 1988-1990, updated 2000.
California’s Wildlife. Vol. I-III. California Department of Fish and Wildlife, Sacramento, California
Item 25.
Appendix A Site Plan
Item 25.
Very Low Density Residen�al
Low Density Residen�al
Medium Density Residen�al
High Density Residen�al
Mixed Use
Ins�tu�onal (Schools)
LEGEND:
Entertainment Center/Hotels
Parks, Greenways, and Amenity Centers
New Agricultural Produc�on
Drainage and Other Open Space
Bridges
Roundabouts
Pedestrian / Bicycle Trail
Electrical/Gas Easement
VILLAGE D
VILLAGE E
VILLAGE C
VILLAGE A
NAP NAP
NAP
VILLAGE B
DR-1
99.5 AC
OS-1
33.5 AC
OS-2
25.8 AC
A-1
32.0 AC
A-2
48.8 AC
A-4
24.5 AC
A-3
15.6 AC
A-5
51.0 AC OS-4
13.5 AC
DR-2
93.3 AC
A-7
100.0 AC
A-10
A-8 24.2 AC
23.0 AC
A-6
28.5 AC
A-12
18.0 AC
B-1
32.0 AC
A-11
16.7 AC
B-3
29.6 AC
B-2
27.1 AC
C-1
23.4 AC
OS-11 A
48.2 AC
OS-6
52.1 AC
C-2A
23.4 AC C-3
22.4 AC
OS-7
37.8 AC
B-4
30.8 AC
B-7
13.5 AC
B-8
50.6 AC
B-5
71.5 AC B6-B
35.3 AC
B-6A
31.9 AC
OS-10
4.9 AC
OS-8A
16.8 AC
OS-14
42.1 AC
OS-15
OS-13 14.7 AC
34.7 AC
OS-12
10.5 AC
D-3
36.2 AC
D-6
25.3 AC
D-5
22.0 AC
D-2
54.4 AC
D-7
49.5 AC
D-4
43.2 AC
D-1
57.0 AC
C-7
50.0 AC
C-6
32.6 AC DR-7
5.1 AC
DR-8
57.6 AC
C-5
7.8 AC
OS-16
42.6 AC
E-4
35.0 AC
E-3
12.4 AC
E-2
39.0 AC
E-1
31.2 AC
OS-17
25.8 AC
E-5
22.0 AC
E-6
40.2 AC
E-7
38.0 AC
OS-18
17.0 AC
DR-9C
20.0 AC
DR-9B
25.9 AC
DR-9A
15.0 AC
A-9
10.2 AC
DR-5A
166.8 AC
DR-5C
222.5 AC
DR-7
4.2 AC
OS-5
8.9 AC
OS-3
14.6 AC
DR-5B
4.7 AC
OS-9A
8.6 AC
WELLNESS
UNIVERSITY
(OVERLAY DISTRICT)
AGRICULTURE
VINEYARD ESTATES
POTENTIAL
ACTIVE ADULT
COMMUNITY
SPORTS FIELD AND TRAIL CONNECTORS
ELEM/
MIDDLE
SCHOOL
SPORTS
COMPLEX
CYCLING
PARK
PERFORMING ARTS
AMPHITHEATER
HOTEL/
ENTERTAINMENT
CENTER
MIXED USE AND
WELLNESS
COMPLEX
ELM.
SCHOOL
ELEM.
SCHOOL
Vista del Norte
All American Canal
Future Interchange
Agricultural
Educa�onal Center
Pedestrian Promenade
C-4
5.0 AC
DR-4
2.0 AC
DR-6
4.3 AC
Avenue 50
B-9
12.4 AC
OS-8B
1.9 AC
OS-8C
0.5 AC
OS-9B
4.1 AC
OS-9C
1.5 AC
NTS
C-2B
8.7 AC
D-8
6.5 AC
Item 25.
Appendix B KPC Circulation
Item 25.
DR-1
99.5 AC
OS-1
33.5 AC
OS-2
25.8 AC
A-1
32.0 AC
A-2
48.8 AC
A-4
24.5 AC
A-3
15.6 AC
A-5
51.0 AC OS-4
13.5 AC
DR-2
93.3 AC
A-7
100.0 AC
A-10
A-8 24.2 AC
23.0 AC
A-6
28.5 AC
A-12
18.0 AC
B-1
32.0 AC
A-11
16.7 AC
B-3
29.6 AC
B-2
27.1 AC
C-1
23.4 AC
OS-11 A
48.2 AC
OS-6
52.1 AC
C-2A
21.9 AC C-3
22.4 AC
OS-7
37.8 AC
B-4
30.8 AC
B-7
13.5 AC
B-8
50.6 AC
B-5
71.5 AC B6-B
35.3 AC
B-6A
31.9 AC
OS-10
4.9 AC
OS-8A
16.8 AC
OS-14
42.6 AC
OS-15
OS-13 14.7 AC
34.7 AC
OS-12
10.5 AC
D-3
36.2 AC
D-6
25.3 AC
D-5
22.0 AC
D-2
54.4 AC
D-7
49.5 AC
D-4
43.2 AC
D-1
57.0 AC
C-7
50.0 AC
C-6
32.6 AC DR-7
5.1 AC
DR-8
57.6 AC
C-5
7.8 AC
OS-16
42.6 AC
E-4
35.0 AC
E-3
12.38 AC
E-2
39.0 AC
E-1
31.2 AC
OS-17
25.8 AC
E-5
22.0 AC
E-6
40.2 AC
E-7
38.0 AC
OS-18
17.0 AC
DR-9C
20.0 AC
DR-9B
25.9 AC
DR-9A
15.0 AC
A-9
10.2 AC
DR-5A
166.8 AC
DR-5C
222.5 AC
DR-7
4.2 AC
OS-5
8.9 AC
OS-3
14.6 AC
DR-5B
4.7 AC
OS-9A
8.6 AC
WELLNESS
UNIVERSITY
(OVERLAY DISTRICT)
AGRICULTURE
VINEYARD ESTATES
POTENTIAL
ACTIVE ADULT
COMMUNITY
SPORTS FIELD AND TRAIL CONNECTORS
ELEM/
MIDDLE
SCHOOL
SPORTS
COMPLEX
CYCLING
PARK
PERFORMING ARTS
AMPHITHEATER
HOTEL/
ENTERTAINMENT
CENTER
MIXED USE AND
WELLNESS
COMPLEX
ELM.
SCHOOL
ELEM.
SCHOOL
All American Canal
Future Interchange
Agricultural
Educa onal Center
Pedestrian Promenade
C-4
5.0 AC
DR-4
2.0 AC
DR-6
4.3 AC
Avenue 50
B-9
12.4 AC
OS-8B
1.9 AC
OS-8C
0.5 AC
OS-9B
4.1 AC
OS-9C
1.5 AC
NTS
C-2B
8.7 AC
D-8
6.5 AC
LEGEND:
ARTERIAL (A)
MAJOR (C+D)
COLLECTOR (D)
C LOOP
2ND ST
B LOOP
E LOOP NORTH
E LOOP SOUTH
D LOOP
AVENUE 50
A LOOP WEST F LOOP A LOOP
EAST
3RD ST
G STREET
1ST
ST
VISTA DEL NORTE
Item
Appendix C Vista del Norte – Plan and Profile
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Appendix D Biological Resources Assessment
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KPC COACHELLA BIOLOGICAL RESOURCES
ASSESSMENT AND COACHELLA VALLEY MSHCP
CONSISTENCY REPORT
Riverside County, California
April 2020
Prepared for:
Kimley-Horn
3880 Lemon Street, Suite 420
Riverside, CA 92501
Prepared by:
Rocks Biological Consulting
4312 Rialto Street
San Diego, CA 92107
(619) 701-6798
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TABLE OF CONTENTS
1 Introduction ....................................................................................................................... 1
1.1 Project Location..................................................................................................... 1
1.2 Project Description................................................................................................. 1
1.3 Regulatory Framework ........................................................................................... 2 2 Methods ............................................................................................................................ 5
2.1 Biological Resources Assessment.......................................................................... 5
2.2 Aquatic Resources Delineation............................................................................... 6 3 Results .............................................................................................................................. 6
3.1 Existing Site Conditions.......................................................................................... 6
3.2 Topography and Soils ............................................................................................ 7
3.3 Vegetation communities and Land Uses ................................................................ 7
3.4 Wildlife ................................................................................................................... 8
3.5 Special-Status Biological Resources ...................................................................... 9
3.6 Burrowing Owl and Nesting Birds ........................................................................ 10
3.7 Jurisdictional Waters and Streambeds ................................................................. 10
3.8 CVMSHCP Conservation Areas............................................................................ 11
3.9 CVMSHCP Modeled Habitat ................................................................................ 11 4 Impacts ........................................................................................................................... 12
4.1 Threatened and Endangered Species .................................................................. 12
4.2 Non-Listed Special Status Species ...................................................................... 12
4.3 Special-status Plant Communities/California Desert Native Plants Act.................. 12
4.4 Burrowing Owl and Migratory Birds...................................................................... 12
4.5 Jurisdictional Waters and Streambeds ................................................................. 13
4.6 Wildlife Corridors.................................................................................................. 14
4.7 Local Policies and Ordinances ............................................................................. 14
4.8 Cumulative Impacts ............................................................................................. 15 5 Required Avoidance, Minimization, and Mitigation Measures............................................ 15
5.1 Desert Tortoise .................................................................................................... 15
5.2 Burrowing Owl ..................................................................................................... 16
5.3 Nesting Birds ....................................................................................................... 17
5.4 Jurisdictional Waters and Streambeds ................................................................. 17
5.5 East Indio Hills Conservation Area........................................................................ 17
5.6 Development Mitigation Fee ................................................................................. 17 6 Conclusions..................................................................................................................... 18 7 References ...................................................................................................................... 19
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Tables
Table 1. Survey Dates and Conditions ..................................................................................... 6 Table 2. Vegetation Communities and Land Uses.................................................................... 7 Table 3. Jurisdictional Resources within Project Site.............................................................. 10 Table 4. Local Development Mitigation Fee............................................................................ 18 Figures
Figure 1. Project Location
Figure 2. CVMSHCP Conservation Areas
Figure 3. CNDDB
Figure 4. NRCS Soils Survey Data
Figure 5. Biological Resources
Figure 6. Jurisdictional Delineation
Appendices
Appendix A. Site Photographs
Appendix B. Plant Species Observed
Appendix C. Wildlife Species Observed
Appendix D. Special-status Plants and Animals with Potential to Occur
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1 INTRODUCTION
Rocks Biological Consulting (RBC) has prepared this Biological Resources Assessment and Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Consistency Report for the proposed Desert Lakes Project (project). This report has been prepared to evaluate potential impacts on biological resources within the project site and to assess project conformance with the California Environmental Quality Act (CEQA; Public Resources Code § 21000 et seq.), the federal Endangered Species Act (ESA; 16 U.S. Code [USC] § 1531 et seq.) and the state Endangered Species Act (CESA; California Fish and Game Code [Cal. Fish and Game Code] § 2050 et seq.), and applicable federal, state, and local laws.
RBC conducted a formal aquatic resources delineation for the project site to identify areas that may be considered jurisdictional under the U.S. Army Corps of Engineers (Corps) pursuant to Section 404 of the Clean Water Act; the Regional Water Quality Control Board (RWQCB) pursuant to Section 401 of the Clean Water Act and the Porter-Cologne Act; and streambed and riparian habitats under California Department of Fish and Wildlife (CDFW) pursuant to California Fish and Game Code (§1602). The complete analysis of jurisdictional features is included in the Desert Lakes Project Jurisdictional Delineation Report (RBC 2019) under separate cover. The results of the aquatic resources delineation are summarized in this report.
The project site is entirely within the CVMSHCP area and partially within the East Indio Hills Conservation Area (EIHCA). As such, RBC conducted a CVMSHCP consistency analysis to determine whether the project conforms with the Conservation Goals and Objectives of the CVMSHCP.
1.1 Project Location
The project site is located along the western foothills of the Little San Bernardino Mountains on the eastern flank of the Coachella Valley, north of the Salton Sea. The site is immediately north of Interstate 10 (I-10) and east of Coachella Canal Road in the City of Coachella, Riverside County, California (Figure 1). A portion of the Coachella Canal runs north to south through the westernmost portion of the project site. State Route 86 is located approximately two miles west of the project site.
The project site lies within the northeast portion of the United States Geological Survey (USGS) Indio 7.5-minute topographic quadrangle in Sections 24, 25, 26, 27, and 28; Township 5 South; Range 8 East; and within the northwestern portion of Thermal Canyon quadrangle in Section 30, Township 5 South, Range 9 East, San Bernardino Base Meridian.
1.2 Project Description
The proposed project consists of a Specific Plan for a new master planned community located at the eastern entrance to the City of Coachella (City). The 2812-acre project site will provide a mixture of land uses intended to create a cohesive entrance to the City, with residential components that will be compatible with the surrounding existing and planned neighboring areas.
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The proposed project will provide additional commercial, residential, educational, employment, and recreational opportunities for residents and visitors within the City, including a hotel and casino.
1.3 Regulatory Framework
Several regulations have been established by federal, state, and local agencies to protect and conserve biological resources. The descriptions below provide a brief overview of agency regulations that may be applicable to the project. The final determination as to what types of permits are required is made by the regulating agencies.
1.3.1 FEDERAL REGULATIONS
Federal Endangered Species Act
The ESA provides for the listing of endangered and threatened species of plants and animals and the designation of critical habitat for listed species. The ESA regulates the “taking” of any endangered fish or wildlife species, per Section 9 of the ESA. As development is proposed, the responsible agency or individual landowner is required to consult with the USFWS to assess potential impacts to listed species (including plants) or its critical habitat, pursuant to Sections 7 and 10 of the ESA. USFWS is required to determine the extent of impact a project would have to a particular species. If it is determined that potential impacts to a species would likely occur, measures to avoid or reduce such impacts must be identified. USFWS may issue an incidental take statement, following consultation and the issuance of a Biological Opinion. This allows for take of the species that is incidental to another authorized activity, provided that the action will not adversely affect the existence of the species. Section 10 of the ESA provides for issuance of incidental take permits to non-federal parties with the development of a habitat conservation plan (HCP). Section 7 of the ESA provides for permitting of projects where interagency cooperation is necessary to ensure that a federal action/decision does not jeopardize the existence of a listed species.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA; 16 USC § 703 et seq.) is a federal statute that implements treaties with several countries on the conservation and protection of migratory birds. The number of bird species covered by the MBTA is extensive and listed at 50 Code of Federal Regulations (CFR) 10.13. USFWS enforces the MBTA, which prohibits “by any means or in any manner, to pursue, hunt, take, capture, [or] kill” any migratory bird, or attempt such actions, except as permitted by regulation.
Rivers and Harbors Appropriation Act of 1899
The Rivers and Harbors Appropriation Act of 1899 (Rivers and Harbors Act; 33 USC § 403) prohibits the discharge of any material into navigable waters, or tributaries thereof, of the United States without a permit. The Rivers and Harbors Act also makes it a misdemeanor to excavate, fill, or alter the course, condition, or capacity of any port, harbor, or channel; or to dam navigable streams without a permit.
Many activities originally covered by the Rivers and Harbors Act are now regulated under the Clean
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Water Act of 1972 (CWA; 33 USC § 1251 et seq.), discussed below. However, the 1899 act retains relevance and created the structure under which the Corps oversees CWA Section 404 permitting.
Clean Water Act
Pursuant to Section 404 of the CWA, the Corps is authorized to regulate any activity that would result in the discharge of dredged or fill material into waters of the U.S. (including wetlands), which include those waters listed in 33 CFR 328.3 (as amended at 80 Federal Register (FR) 37104, June 29, 2015). The Corps, with oversight from the U.S. Environmental Protection Agency (USEPA), has the principal authority to issue CWA Section 404 permits. The Corps would require a Standard Individual Permit (SIP) for more than minimal impacts to waters of the U.S. as determined by the Corps. Projects with minimal individual and cumulative adverse effects on the environment may meet the conditions of an existing Nationwide Permit (NWP).
A water quality certification or waiver pursuant to Section 401 of the CWA is required for all Section 404 permitted actions. The Regional Water Quality Control Board (RWQCB), a division of the State Water Resources Control Board, provides oversight of the 401-certification process in California.
The RWQCB is required to provide “certification that there is reasonable assurance that an activity that may result in the discharge to waters of the United States will not violate water quality standards.” Water Quality Certification must be based on the finding that a proposed discharge will comply with applicable water quality standards.
The National Pollutant Discharge Elimination System (NPDES) is the permitting program for discharge of pollutants into surface waters of the U.S. under Section 402 of the CWA.
1.3.2 STATE REGULATIONS
California Environmental Quality Act
CEQA was established in 1970 as California’s counterpart to the National Environmental Policy Act (NEPA; 42 USC § 4321 et seq.). CEQA requires state and local agencies to identify significant environmental impacts of their actions and to avoid or mitigate those impacts, where feasible.
CEQA applies to certain activities of state and local public agencies. A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." A project is an activity undertaken by a public agency or a private activity, which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or approval) from a government agency that may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment.
California Endangered Species Act and Natural Community Conservation Planning Act The CESA, in combination with the Native Plant Protection Act of 1977 (NPPA; Cal. Fish and Game Code § 1900 et seq.), regulates the listing and take of plant and animal species designated as endangered, threatened, or rare within the state. California also lists species of special concern based on limited distribution, declining populations, diminishing habitat, or unusual scientific, recreational, or educational value. CDFW is responsible for assessing development projects for
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their potential to impact listed species and their habitats. State listed special-status species are addressed through the issuance of a 2081 permit (Memorandum of Understanding).
In 1991, the California Natural Community Conservation Planning Act (NCCP Act; Cal. Fish and Game Code § 2800 et seq.) was approved and the NCCP Coastal Sage Scrub program was initiated in Southern California. California law established the NCCP program “to provide for regional protection and perpetuation of natural wildlife diversity while allowing compatible land use and appropriate development and growth.” The NCCP Act encourages preparation of plans that address habitat conservation and management on an ecosystem basis rather than one species or habitat at a time.
California Fish and Game Code Sections 1600 -1602
Pursuant to Division 2, Chapter 6, Section 1602 of the Cal. Fish and Game Code, CDFW regulates all diversions, obstructions, or changes to the natural flow or bed, channel or bank of any river, stream or lake that supports fish or wildlife. A Lake or Streambed Alteration Agreement Application must be submitted to CDFW for “any activity that may substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake.” CDFW has jurisdiction over riparian habitats associated with watercourses. Jurisdictional waters are delineated by the outer edge of riparian vegetation or at the top of the bank of streams or lakes, whichever is wider. CDFW jurisdiction does not include tidal areas or isolated resources. CDFW reviews the proposed actions and, if necessary, submits (to the applicant) a proposal that includes measures to protect affected fish and wildlife resources. The final proposal that is mutually agreed upon by CDFW and the applicant is the Lake or Streambed Alteration Agreement.
California Fish and Game Code Sections 3503, 3511, 3513, 3800, 4700, 5050, and 5515 Within California, fish, wildlife, and native plant resources are protected and managed by CDFW.
The California Fish and Game Commission and/or CDFW are responsible for issuing permits for the take or possession of protected species. The following sections of the Cal. Fish and Game Code address protected species: Section 3511 (birds), Section 4700 (mammals), Section 5050 (reptiles and amphibians), and Section 5515 (fish). In addition, the protection of birds of prey is provided for in Sections 3503, 3513, and 3800 of the Cal. Fish and Game Code.
Porter-Cologne Water Quality Control Act
The Porter-Cologne Water Quality Control Act (Porter-Cologne Act; Water Code Section 13000 et seq.) provides for statewide coordination of water quality regulations. The State Water Resources Control Board was established as the statewide authority and nine separate RWQCBs were developed to oversee water quality on a day-to-day basis. The RWQCB is the primary agency responsible for protecting water quality in California. As discussed above, the RWQCB regulates discharges to surface waters under the federal CWA. In addition, the RWQCB is responsible for administering the Porter-Cologne Act.
Pursuant to the Porter-Cologne Act, the state is given authority to regulate waters of the state, which are defined as any surface water or groundwater, including saline waters. As such, any person proposing to discharge waste into a water body that could affect its water quality must first file a Report of Waste Discharge if Section 404 is not required for the activity. “Waste” is partially