Development in Conservation Areas

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The Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) provides a means for streamlined development while protecting the region’s diverse natural resources. The signatories to the CVMSCHP, which includes the Valley’s nine municipalities and the County, are able to provide coverage for incidental take in urban areas in exchange for setting aside land for conservation in undeveloped areas.

The process for obtaining coverage under the CVMSHCP depends on the location of a proposed development project. Projects outside one of the CVMSHCP’s designated Conservation Areas need only pay the Local Development Mitigation Fee to obtain coverage. Developers proposing projects within a Conservation Area will need to submit their plans to the Coachella Valley Conservation Commission (CVCC) for analysis to determine whether the project is consistent with the CVMSCHP’s Conservation Objectives.

Use CVCC’s Parcel Look-Up Tool to check whether your project will need a consistency analysis.

Note that the CVMSHCP does not provide coverage for projects on tribal reservation land, nor does it cover impacts on aquatic resources.

Development Within Conservation Areas

The Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) allows for a minimal level of development to take place with designated Conservation Areas, provided that development is consistent with the Conservation Objectives and Required Measures for each Conservation Area; the Avoidance, Minimization, and Mitigation Measures for each Covered Species; and the Land Use Adjacency Guidelines for any development taking place within or adjacent to a Conservation Area.

CVMSHCP consistency is determined via a Joint Project Review, which must be completed ahead of the issuance of any grading permits. The entire Joint Project Review process generally takes approximately 75 days from the receipt of a complete application to the submission of a final consistency determination to the permitting jurisdiction. The JPR process is discussed in section 6.6.1.1 (PDF).

It is strongly recommended that project proponents complete the Joint Project Review process ahead of issuing a draft CEQA document.

The Joint Project Review Process

Any developer seeking to implement a project that will result in ground disturbance within a Conservation Area must submit their project for Joint Project Review (JPR). The JPR process allows the Coachella Valley Conservation Commission (CVCC) to conduct an analysis of the project and determine whether or not the project is consistent with the requirements of the CVMSHCP. Upon completion of the analysis, CVCC will issue its consistency determination to the permitting jurisdiction which maintains ultimate land use authority in permitting any project.

In performing the consistency analysis, CVCC will assess the following criteria:

  • Total project impact: CVCC will determine the total acreage of disturbance proposed by the project. Because desert ecosystems recover so slowly from any type of disturbance, both permanent and temporary ground disturbance will be counted towards the project’s footprint. CVCC will account for any existing disturbance, and remove it from the total project impact.
  • Authorized disturbance: CVCC will identify whether the project will exceed the authorized disturbance quota for the permitting jurisdiction within the Conservation Area, accounting for any disturbance that has already been authorized under the CVMSCHP. Each jurisdiction’s authorized disturbance for a given Conservation Area is described in section 4.3 (PDF).
  • Required conservation measures: CVCC will confirm that the project’s work plan adheres to the Conservation Area’s required conservation measures, as described in section 4.3 (PDF).
  • Avoidance, minimization, and mitigation measures: CVCC will review the work plan to confirm that the project incorporates the necessary avoidance, minimization, and mitigation measures for any covered species, natural community, or essential ecological process that occurs within the project’s footprint. These measures are listed in section 4.4 (PDF), and additional considerations may be discussed in chapters 9 (PDF) and 10 (PDF).
  • Land use adjacency guidelines: Land use adjacency guidelines must be incorporated into the project’s work plan. These guidelines are listed in section 4.5 (PDF).
  • Rough step proportionality: Rough step refers to the relative proportion of permitted disturbance to land conserved for each Conservation Area. CVCC will analyze all the approved disturbance under the plan and compare it to the land conserved to make sure that disturbance is not outpacing conservation. Rough step is described in section 6.5 (PDF).

Project Review Fee

CVCC charges a “time and materials” fee for all projects requiring CVMSHCP consistency review. Prior to any application being deemed complete, CVCC must receive a deposit in accordance with the type of review as set forth below.

  • Pre-Application Review — Preliminary document review and single consultation with CVCC, CDFW, and USFWS ahead of formal JPR application. Initial Deposit: $1,000
  • Joint Project Review — Formal project review as described in CVMSHCP section 6.6.1.1 resulting in a final consistency determination. Initial Deposit: $2,500
  • Like Exchange — Formal project coordination and review as described in CVMSHCP section 6.12.2. Initial Deposit: $5,000
  • Minor Amendment — Formal project coordination and review as described in CVMSHCP section 6.12.3. Initial Deposit: $5,000
  • Participating Special Entity — As established by CVCC policy no. 13-03. Initial Deposit: $10,000 + 0.1% of project capital costs
  • Staff Rate (Hourly) — Department Director: $215; Program Manager: $166; Management Analyst: $119

Source: CVCC resolution 2024-06 (PDF)

Over the course of review, CVCC staff will document all time spent analyzing the project for consistency, any third-party expenses incurred (e.g., legal review of conservation easements), and any materials required to conduct the analysis, including travel costs for site visits. Upon completion of review, CVCC will provide an itemized invoice to the project applicant, which must be fulfilled prior to receipt of the final consistency determination. Any surplus deposit funds will be refunded to the applicant within 30 days of receipt of the final consistency determination.

Project applicants may appeal the review costs. To file an appeal, the applicant must first pay the assessed cost, and then file an appeal letter with the CVCC within 90 days. An administrative fee of $500 must be submitted with the appeal letter. Within 90 days of receipt of the appeal letter and administrative fee, or soon thereafter, a hearing will be scheduled at a meeting of the CVCC, and the applicant will be notified of the hearing date. The decision of the CVCC shall be final. If the decision is in the applicant’s favor, the administrative fee will be refunded.

Application Materials

Joint Project Review applications must contain the following:

Additional materials may be required based on the project’s location. Applicants are encouraged to carefully review sections 4.3–4.5 and to make sure the project description considers the review criteria.