County Planning Commission Defers Decision on Light Trespass Ordinance

At their February 4th meeting, the four San Bernardino County Planning Commission members present (Weldy, Stoffel, Haughey, Gongora) voted to defer any decision on the recommendation to adopt the proposed Light Trespass Ordinance. They will schedule a Workshop on the issue at a future Planning Commission meeting. Commissioners had many concerns that Land Use Services staff were unable to answer to their satisfaction. More background and links can be found in the first article of our February 1 Eblast or our January 31 News Update
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EBlast February 1, 2021

  • Light Trespass Ordinance to be Considered by County
  • Video of MBCA Annual Meeting Available
  • Virtual Landscape Tour
  • Check the MBCA Calendar for Online Events
 
Light Trespass Ordinance to be Considered by County
When the County Planning Commission meets this Thursday, February 4, an improved County Lighting Ordinance will be the focus of a public hearing and Commission vote. The occasion represents the culmination of 10 years of grass roots efforts in the Morongo Basin aimed at enhancing the existing County lighting ordinance. Under consideration is a new “Light Trespass” ordinance that would replace the current “Glare and Outdoor Lighting” section of the Development Code with updated and improved language focused on glare and light trespass.

Passage of the enhanced ordinance will apply to both commercial and residential applications. The ordinance will regulate outdoor lighting practices and systems that minimize glare and light trespass; conserve energy and resources while maintaining night time safety, visibility, productivity; and curtail light pollution.

Hearing details, including both the existing and proposed ordinances along with additional background and context may be found in the staff report.

The Morongo Basin Conservation Association and other dark sky supporters include Joshua Tree National Park and the Marine Corps Air Ground Combat Center have been at the forefront of regional efforts to preserve dark skies. From 2010 through 2013 the Morongo Basin Dark Sky Alliance (MBDSA) became the first local coalition to propose night-sky friendly code changes by engaging in public outreach such as a County-funded Joshua Tree porch light replacement project. A summary of MBDSA projects can be found here.

Significant support has come through the office of the Third District County Supervisor. In 2014 then-Supervisor James Ramos appointed a County Dark Sky Committee which pursued educational programs and code revisions. The committee was re-initiated by Supervisor Dawn Rowe as the Third District Dark Sky Committee. With support from Rowe, recently deceased County Code Enforcement Chief Andy Wingert, and John Barentine from the International Dark Sky Association, the committee developed the spirit and language found in the proposed ordinance. 

If, as hoped and expected, the Planning Commission approves the proposed code revisions, then the updated ordinance will be presented to the Board of Supervisors for final approval and adoption. 

Video of MBCA Annual Meeting Available

For those who were not able to attend our annual meeting a recording of the event is now available. Our meeting began with a recap of the many issues MBCA continues to track and our plans for the year ahead followed by a presentation by JPL scientist Dr. Annmarie Eldering on monitoring carbon dioxide in the atmosphere.

My take-away from Dr. Eldering’s studies and research was that we have yet to alter the trajectory of the increase of emissions of CO2. The sensitivity of the instruments on the orbiting satellite and International Space Station is so fine, that levels of one part to million can be measured. I encourage you to note the wiggling-line tracking CO2 on an upward trajectory. The wiggle represents the CO2 difference between the winter and the summer when plants are dormant or growing. Our personal choices can make a difference; however, it will require focused national and international policies and actions to reduce release of this damaging chemical into our atmosphere.

Virtual Landscape Tour

The 2020 virtual landscape tour, presented in 6 separate short videos, has now been edited into a film: Living in Harmony with Desert Landscapes. This video illustrates the diversity of approaches to landscape and acknowledges the support of the different water agencies for MBCA’s desert wise living programs. For 2021, MBCA has again committed to a virtual event that will showcase water and energy-wise landscapes throughout the Morongo Basin. Please stay tuned for forthcoming announcements.

Check the MBCA Calendar for Online Events

We continue to post community events of likely interest to MBCA supporters on our Events Calendar. While you are on our website, please consider becoming a member or making a donation.

I am wishing all of you Safety and Health during these difficult times!

Sincerely,
Steve Bardwell

Your MBCA Board:

Steve Bardwell, President
David Fick, Vice President
Laraine Turk, Secretary
Cathy Zarakov, Treasurer  
Pat Flanagan, Director
Meg Foley, Director

Brian Hammer, Director
Janet Johnston, Director
Sarah Kennington, Director
Mike Lipsitz, Director
Arch McCulloch, Director
Ruth Rieman, Director

 

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New Light Trespass Ordinance on Planning Commission Agenda

Ten years after the start of Morongo Basin community efforts to improve the San Bernardino County lighting ordinance, the Planning Commission will hold a hearing on a revised “Light Trespass” ordinance on February 4. (Meeting details and documents can be found here.) The revision would replace the earlier “Glare and Outdoor Lighting” section of the Development Code with updated and improved language focused on light trespass. In the Land Use Services staff report you can read both the existing and proposed ordinances and additional background and context.

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MBCA Board members and supporters have been continuously involved in dark sky initiatives for the last decade. The Morongo Basin Dark Sky Alliance (2010-2013) was the first local coalition to propose code changes, while providing educational events and a Joshua Tree porch light replacement project funded by the County. A summary of the MBDSA projects can be found here. In 2014 then-Supervisor James Ramos appointed a County Dark Sky Committee which pursued educational programs and code revisions. Following Supervisor Ramos’ election to the California Assembly in 2018, the committee was reinitiated by his appointed successor Dawn Rowe as the Third District Dark Sky Committee. This last committee successfully shepherded their concerns into the current proposed ordinance with the support of Supervisor Rowe, recently deceased County Code Enforcement Chief Andy Wingert, and John Barentine from the International Dark-Sky Association.

If approved by the Planning Commission, the revised ordinance will be presented to the Board of Supervisors for their final approval.  

 

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DRECP Status Still Uncertain

This recent LA times article provides a great deal of background on myriad aspects of environmental concern related to energy development in the California desert. It explores federal and state political aspects as well as commentary from environmental non-profit groups, particularly as they relate to the previous administration's last-minute draft revision to California's Desert Renewable Energy Conservation Plan.  
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EBlast January 16, 2021

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Attend MBCA Annual Meeting and JPL Presentation

Joshua Tree Candidacy as Threatened Status

Draft EIS for Amendment to DRECP Issued

Federal Energy Policy in Southern California

Check the MBCA Calendar for Online Events

Attend MBCA Annual Meeting and JPL Presentation
Make plans to attend MBCA’s 52nd annual meeting! Board members will be introduced and we will provide an overview of the past year’s many activities and causes we have been tracking as we advocate for the healthy desert. This brief overview will be followed by a presentation by Dr. Annemarie Eldering of the Jet Propulsion Laboratory. Carbon in our atmosphere is the topic.  Dr. Eldering is deputy, and lead scientist on NASA’s two Orbiting Carbon Observatory projects that are providing scientists with data on carbon dioxide's movements through earth's atmosphere, plants, and ocean, ultimately affecting our climate. With the effects of climate change due to CO-2 becoming ever more apparent, this presentation will provide an overview of the changes our atmosphere is undergoing. Following the presentation will be a question and answer session. There is a limit of 100 reservations available for this free Zoom event so please be certain to REGISTER HERE by Friday, January 22. 

         Date: January 23, 2021

         Time: 10:00 am thru 11:30am

Joshua Tree Candidacy as Threatened Status
On December 10, 2020 the California Fish and Game Commission voted to adopt via emergency rulemaking two separate 2084 regulations that would authorize "take" (removal, killing) of western Joshua trees. The California Office of Administrative Law approved these two emergency regulations on December 28, 2020. These regulations cover hazard trees (regulation 749.11) and Single Family Homes (not single family home developments), Accessory Structures and Public Infrastructure (regulation 749.12). This last regulation delegates authority to the City of Palmdale, the Town of Yucca Valley and the County of San Bernardino and before enactment of the regulation each local jurisdiction must pass an ordinance that both better protects Joshua trees and provides for mitigation fees to compensate for any impacts that are not avoided. The County of San Bernardino has established a procedure to be followed for granting a permit on any parcel that may have Joshua trees.

Draft EIS for Amendment to DRECP Issued
We are disappointed to see that A Desert Plan Amendment / Draft Land Use Plan Amendment/ Environmental Impact Statement to the DRECP has been published in the Federal Register as of January 15, 2021. This unilateral action by the BLM in the final days of the Trump administration would drastically reduce the acreage of many Areas of Critical Environmental Concern (ACEC) and reduce protections to the desert achieved over an eight year process that, as stated by Senator Dianne Feinstein: “seeks to balance renewable energy development and recreational uses with protecting ecologically sensitive, pristine parts of California’s iconic desert landscape. There is no need to amend it now.” It is hoped that the incoming administration will withdraw the proposed amendment. MBCA along with many other conservation organizations are continuing to monitor this application.

This publication commences a 90-day comment period ending in mid-April. MBCA will provide more detailed information in the near future to help you comment against the proposed changes.

Federal Energy Policy in Southern California
The University of California Riverside, Center for Environmental Research and Technology (UC-CERT) is presenting a seminar on the Biden administration’s planned federal energy policy. Attend and hear about proposals for the transformation of our energy generation to wind and solar renewables. Past presentations by UCR-CERT for creating a ‘Solar Valley’ within the Inland Empire have included anticipation for utility scale renewables within the Southern California desert.  With so many utility scale renewable developments in the Lucerne Valley being contingent on the construction of the Calcite Substation, the environmental and social justice impacts of these developments must be carefully considered. MBCA continues to advocate for the placement of renewables within the built environment and close to the point of use to maintain the integrity of the intact desert ecosystem. REGISTER HERE for this free seminar.

         Date: February 11, 2021

         Time: 10:00am – 11:30am

Check the MBCA Calendar for Online Events
We continue to post community events of likely interest to MBCA supporters on our Calendar. Check the MBCA Calendar of Events regularly for many interesting virtual lectures and webinars.

Become a 2021 MBCA Member
Please support MBCA’s efforts to “advocate for the healthy desert environment that nurtures the region's rural character, cultural wealth and economic well-being” by becoming a member or making a donation (or both!). New members and donors will receive a copy of our 50thAnniversary Book.  

I wish all our members and supporters a very Happy New Year and a Healthy and Safe 2021. I am hopeful that the incoming administration while recognizing the urgency of addressing climate change will balance the imperative of transitioning to a clean and renewable energy infrastructure with the need to defend and protect our environment.

Sincerely,

Steve Bardwell

Your MBCA Board:

Steve Bardwell, President
David Fick, Vice President
Cathy Zarakov, Treasurer
Laraine Turk, Secretary
Pat Flanagan, Director
Meg Foley, Director

Brian Hammer, Director
Janet Johnston, Director
Sarah Kennington, Director
Mike Lipsitz, Director
Arch McCulloch, Director
Ruth Rieman, Director

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Proposed Reduction in Protected Lands in the DRECP

MBCA has kept our supporters informed since its inception about California's Desert Renewable Energy Conservation Plan (DRECP). While we deemed its final land protections not ideal but acceptable (after eight years of intense debate and input), the current federal administration is seeking to reduce those protected lands. The Bureau of Land Management on January 13 released a draft environmental impact statement and plan amendment for the three plans that underlie the DRECP. These changes disregard conservation efforts by supporting massive solar projects, mining and natural resource extraction, rights-of-way, livestock grazing, and off-roading recreation. BLM is also proposing modifications to the California Desert National Conservation Lands to reduce the connections and impede on the wildlife corridors in these areas. This Desert Sun article provides more background and details. Please review the documents in the proposal and let the BLM know what you support and oppose. Public comment can be submitted until April 15, 2021. 
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MBCA Joins Request for Desert Conservancy Legislation

MBCA has joined 13 other conservation-minded organizations in requesting California Assemblymember James Ramos carry legislation to establish a desert conservancy program in the Wildlife Conservation Board, whose primary purpose is to approve funding for wildlife habitat protection, restoration and wildlife-oriented public access projects. With increased desert tourism and the effects of climate change, additional attention is needed for California deserts. Learn more about the request in the coalition letter sent January 12, 2021.
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EBlast December 1, 2020

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Joshua Tree Candidacy for Threatened Status

Desert Tortoise Candidacy for Endangered Status

Countywide Plan / Repeal of Community Plans

Stagecoach Solar

XPressWest Wildlife Crossings

Stinknet Invasive Plant!

Virtually Attend MBCA Board Meetings

Check the MBCA Calendar for Online Events

Support MBCA through Amazon Smile



Joshua Tree Candidacy for Threatened Status

The California Fish and Game Commission voted 4-0 this September to advance the western Joshua tree to the status of candidate for listing as threatened under the California Endangered Species Act (CESA). This vote initiates a one-year review. In a second 3-1 decision, Commissioners also agreed to give developers of 15 shovel-ready industrial solar projects in Kern and San Bernardino counties so-called “incidental take authorization” (known by the code section 2084) allowing them to kill Joshua trees. In exchange the developers must pay into a state fund that will be used to purchase and permanently preserve Joshua tree habitat. This exemption applies only during the review period and requires developers to pay approximately $10,000 an acre, based on a ratio of 1.5 acres for every acre of occupied habitat that’s destroyed. Read the details in this Desert Sun article or in the Los Angeles Times about the decision.

Granting of an incidental take permit for every project involving the removal or transplanting of a Joshua tree would be unwieldy, expensive and time consuming. For these reasons MBCA supports the creation of a Natural Community Conservation Plan. This landscape level plan would provide a framework for development and establish a mechanism for streamlined compliance with CEQA. A successful example of such a landscape-level plan can be found in the Coachella Valley Multiple Species Habitat Conservation Plan.

The County of San Bernardino (for the unincorporated areas), the Town of Yucca Valley and the City of Palmdale are in conversation with the Department of Fish and Wildlife to discuss a potential additional “2084” regulation that would apply to single-family homes, road repairs and other small infrastructure or construction projects. The Fish and Game Commission will consider this application as well as a regulation dealing with removal of dead Joshua trees at their upcoming meeting on December 10. This meeting will provide an opportunity to again present substantive comments regarding the listing of this special plant.

In the interim, the County of San Bernardino has published an information bulletin providing guidance and direction for developments on properties that contain Joshua trees.

Desert Tortoise Candidacy for Endangered Status

Sharing much of the same habitat as the western Joshua tree, the desert tortoise (Gopherus agassizii) has been temporarily designated as endangered by the California Fish and Game Commission. This is a step beyond its current status as threatened. In accepting the petition and finding that listing as endangered may be warranted, the California Department of Fish and Wildlife (CDFW) will now conduct a 12-month evaluation to determine if an upgraded listing should be confirmed. The recognition by the Fish and Game Commission of these two iconic desert species emphasizes the importance of protecting our fragile and special desert environment. Read more in this LA Times article.

Countywide Plan / Repeal of Community Plans

On October 27, 2020 the San Bernardino County Board of Supervisors adopted the 2020 Countywide Plan (CWP). This CWP replaces the 2007 General Plan and incorporates both the Policy Plan and the Business Plan. This contemporary, and forward-looking web-based plan will replace the existing paper plan. However the search function has yet to be released making the use of this document extremely cumbersome at this time. While the 2007 General Plan specifically identified the different regions of the County, valley, mountain and desert each with their own special needs and attributes, the new CWP has distilled streamlined policies to ostensibly cover all of these areas.

The CWP can be found here and is guided by the 2011 County Wide Vision. This vision, consisting of broad and generalized aspirations acknowledges the vastly different communities throughout the County, however the decision by the Supervisors to repeal all of the 14 Community Plans codified within the development code belies such acknowledgment.

In lieu of Community Plans, a system of Community Action Guides (CAG) will now be ‘acknowledged’ by the County. These ‘living documents’ are envisioned to be easily changed and the CAGs will rely on grass-roots activism to establish the goals and actions for the communities and will not be included within the Development Code. Unlike Community Plans they are not legally adopted. Communities will need to rely on any help for the actions described within the Guides on a voluntary basis by County Land Use Services (LUS) and through active engagement by the community in evaluating and commenting upon development proposals that will impact them.

MBCA maintained that the existing Community Plans are necessary for unincorporated communities to have a say in future development. MBCA prepared a comprehensive letter that argued for the retention of the Community Plans. Third District Supervisor Dawn Rowe supported our position, however the other 4 Supervisors, one of which does not have any Community Plans within their district, did not support their retention. LUS has indicated they are receptive to community input on any deficiencies in policies and will ‘consider’ requested revisions thus the term: ‘living-document’. Regardless of the repeal, MBCA intends to craft updates to the existing Joshua Tree community plan and present the revisions to LUS for ‘consideration’ of a General Plan amendment. A link to the Joshua Tree CAG is included here.

The CWP is the foundation upon which all zoning within the County, and the Development Code must be structured and must be consistent. The zoning map and Development Code have yet to be adopted, however within the CWP Business Plan is an implementation plan that lays out a time line for the completion of these two vitally important components of the CWP. MBCA will continue to monitor the creation of these components of the CWP. An upcoming Planning Commission hearing on December 3, 2020 includes consideration of LUS recommended revisions to the Development Code – including revisions to the Short Term Rental ordinance that us having such an affect on much of the high desert. 

Stagecoach Solar

MBCA prepared oral and written scoping comments in opposition to the latest application for another inappropriate utility scale renewable energy development north of Lucerne Valley. This 3000-plus acre project, on State School Lands and under the control of the State Lands Commission if approved, would be the proverbial ‘camelsnose-under-the-tent’ and facilitate the construction of the Calcite substation which in turn would facilitate the development of many thousands of acres of additional utility scale renewable energy projects. MBCA was pleased to see that Third District Supervisor Dawn Rowe and First District Supervisor Robert Lovingood expressed opposition to this project and mirrored many of our concerns. MBCA also signed onto a coalition letter in opposition to the project. The Draft Environmental Impact Statement will be published in 2021 at which time there will be further opportunities to express opposition to the project.

XPressWest Wildlife Crossings

Earlier this fall, MBCA joined with 23 other non-profit organizations in a letter to CalTrans about the planned High Speed Rail Project from Southern California to Las Vegas. Known wildlife corridors are in its path, including for bighorn sheep, so it is vital that over-crossings and under-crossings are incorporated as part of the project’s development. The letter clearly expresses the need for these accommodations.

Stinknet Invasive Plant!

Via our conservation partners at the Mojave Desert Land Trust we have become aware of this unwelcome interloper Stinknet is an appropriate name for this  plant that is poised to invade our area. This non-native, a member of the sunflower family (Asteraceae) originally from South Africa, has been seen in Morongo Valley and at the west end of Yucca Valley. It is now in at least eight counties. It is highly invasive here and can even displace Brome grass! It tends to spread along road edges and grows to about a foot and a half in height, maybe a little larger, and about the same in diameter. It appears to have allelopathic properties, inhibiting the growth of other plants. From a distance It appears to be an innocuous native wildflower but it’s far from it! The best way to control a small outbreak is to hand pull the plants, bag, and properly dispose of them. A non-specific herbicide is effective for larger infestations. It is highly recommended to map it in the spring so you can go back and look for new plants early, before it sets seeds (small and many thousands).

Virtually Attend MBCA Board Meetings

Many of us are becoming familiar with meeting virtually and MBCA is no exception! Please mark your calendars for our monthly Board meetings; the second Thursday of the month from 5:00 to 7:00 pm. Please visit mbconservation.org and make a request to receive a link to the meeting. I look forward to seeing you there virtually!

Check the MBCA Calendar for Online Events

We continue to post community events of likely interest to MBCA supporters on our Calendar. There are four such events in December, all posted on the MBCA Calendar of Events.

Support MBCA through Amazon Smile

Purchases through the Amazon Smile program can help support MBCA!  Please select MBCA as the non-profit recipient by typing in Morongo Basin Conservation and then selecting Morongo Basin Conservation Association. Every small amount adds up to help support our mission! Thank you!

MBCA appreciates the efforts of our members and supporters as we all deal with these difficult times. I hope this e-blast finds you all healthy and safe!

Sincerely,
Steve Bardwell

Your MBCA Board:

Steve Bardwell, President

David Fick, Vice President

Laraine Turk, Secretary

Marina West, Treasurer  

Pat Flanagan, Director

Meg Foley, Director

Brian Hammer, Director

Janet Johnston, Director

Sarah Kennington, Director

Mike Lipsitz, Director

Arch McCulloch, Director

Ruth Rieman, Director

 

MBCA News
http://www.mbconservation.org/

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MBCA Opposes Stagecoach Solar in Lucerne Valley

The latest large-scale solar development proposed for a problematic desert location is Stagecoach Solar, proposed for the Lucerne Valley area. In this case we are pleased that many of our concerns about the project on behalf of east desert residents are mirrored by the two desert-area County Supervisors, District 3 Supervisor Dawn Rowe and District 1 Supervisor Robert Lovingood. As in MBCA's comment letter, issues mentioned in the Supervisors' letter include existing County land use policies (RECE 4.10 especially), damage to wildlife corridors, and impaired viewsheds. In another extremely detailed and comprehensive coalition letter signed by 67 associations, organizations, and individuals including MBCA, there are numerous carefully researched and verifiable arguments to show why the Stagecoach Solar project would create a cascade of human and environmental difficulties for the Lucerne Valley community, not the least of which is a breach of  environmental justice.
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Wildlife Crossings Needed for High Speed Rail Project

Earlier this fall (September 3), MBCA joined with 23 other nonprofit organizations in a letter to CalTrans officials about the planned High Speed Rail Project from southern California to Las Vegas. Known wildlife corridors are in its path, including for bighorn sheep, so it is important that over-crossings and under-crossings are incorporated as part of the project's development, which is the message outlined in the coalition letter.
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