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HomeMy WebLinkAbout9/19/2007 - STAFF REPORTS - 1.B. ALMS,R ry c V N `'Fop- City Council Staff Report SEPTEMBER 19, 2007 PUBLIC HEARING Subject: ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF CONCEPTUAL PLANS FOR THE SOUTH PALM CANYON DRIVE WIDENING PROJECT, CITY PROJECT NO. 05-03 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY The City of Palm Springs proposes the widening of South Palm Canyon Drive from two (2) to four (4) lanes between Murray Canyon Drive and Bogert Trail, including a widened bridge structure and associated improvements within Cherly Creek (Arenas North drainage channel). Following testimony received at the Public Hearing, the City Council can consider adoption of the draft Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA), and approval of conceptual plans for the project. Following recordation of a Notice of Determination, this project can proceed to final design and construction. RECOMMENDATION: 1) Open the public hearing and receive public testimony. 2) Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CONCEPTUAL PLANS FOR IMPROVEMENTS TO WIDEN SOUTH PALM CANYON DRIVE BETWEEN MURRAY CANYON DRIVE AND BOGERT TRAIL TO FOUR LANES, INCLUDING WIDENING THE EXISTING BRIDGE OVER CHERLY CREEK (ARENAS NORTH DRAINAGE CHANNEL), SECTIONS 34 AND 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST." STAFF ANALYSIS: On February 18, 2003, the Engineering Department submitted a grant application for Highway Bridge Replacement and Rehabilitation (HBRR) funding to the California Department of Transportation (Caltrans) for construction of a new 4-lane bridge ITEMNO._J5L _� City Council Staff Report September 19, 2007 - Page 2 South Palm Canyon Drive Widening, City Project No. 05-03 crossing of the existing low-water crossing of the Arenas Canyon South Drainage channel at South Palm Canyon Drive near Bogert Trail. Upon review, Caltrans determined the City's application was eligible for federal funding through the HBRR Program, provided that the City demonstrated that it was moving forward with funding and construction of the widening of South Palm Canyon Drive to four lanes. Subsequently, on April 21, 2004, the Financing Authority, Community Redevelopment Agency and City Council, approved actions associated with the refinance of City of Palm Springs Financing Authority 1994 Series A & B Local Agency Revenue bonds. The City's actions associated with the refinancing of bonds generated $5,000,000 for new projects, of which $1,000,000 was identified for the widening of South Palm Canyon Drive to facilitate the City's HBRR grant application for a new bridge. On April 5, 2006, the Community Redevelopment Agency awarded a Contract Services Agreement to Rick Engineering Company to provide the Agency with the environmental and civil engineering design services necessary to complete the construction documents (plans, specifications, and estimate) for this project. Subsequently, the consultant prepared the necessary environmental analysis and the attached draft Mitigated Negative Declaration, in accordance with California Environmental Quality Act (CEQA). ENVIRONMENTAL ASSESSMENT Pursuant to Section 15063 of the CEQA Guidelines, a Mitigated Negative Declaration of environmental impact was prepared and circulated for a 30-day public review period ending on July 3, 2007. The following agencies submitted comments on the draft Mitigated Negative Declaration by the end of the public review period: • California Department of Fish and Game; letter dated June 14, 2007 • Native American Heritage Commission; letter dated June 18, 2007 • SunLine Transit Agency; letter dated June 26, 2007 • Riverside County Flood Control and Water Conservation District; letter dated June 26, 2007 • Tahquitz Group — Sierra Club; electronic mail and facsimile dated June 27, 2007 • Governor's Office of Planning and Research, State Clearinghouse and Planning Unit, letter dated June 28, 2007 • Agua Caliente Band of Cahuilla Indians, Tribal Planning & Development; letter dated June 29, 2007 • United States Department of the Interior, Fish and Wildlife Service; letter dated July 3, 2007 • California Department of Toxic Substances Control; letter dated July 3, 2007 Please see Attachment 4 for a copy of each comment letter which are included as Attachment 1 to the City's prepared Response to Comments document. City Council Staff Report September 19, 2007 - Page 3 South Palm Canyon Drive Widening, City Project No. 05-03 Mitigation measures associated with Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Transportation/Traffic have been included to reduce potential impacts to a less than significant level. These impacts are typical of impacts associated with a roadway construction project, and therefore, standard mitigation measures will apply. Although biological surveys were performed, none indicated that sensitive or special status species (endangered or threatened) exist within the project area. Therefore, no mitigation measures are included with regard to Biological Resources. However, three of the letters received (Tahquitz Group — Sierra Club, Agua Caliente Band of Cahuilla Indians, Tribal Planning & Development, and United States Department of the Interior, Fish and Wildlife Service) submitted comments with regard to Casey's June Beetle (Dinacoma casey), and its generally identified existence in the south Palm Canyon area, and potential impacts to the species as a result of the project. On July 5, 2007; the United States Department of the Interior, Fish and Wildlife Service, (Service) published in the Federal Register (Volume 72, Number 128) a 12-Month Finding on a petition to list the species as endangered with critical habitat under the Endangered Species Act of 1973. However, the Service's Finding determined that, although the listing of the species as endangered was warranted, the listing was precluded for higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. Further, the Initial Study and draft Mitigated Negative Declaration were prepared, and the public review period closed, prior to publication of the Service's Finding. Staff reviewed the Service's Finding, and although the species is now considered a "candidate species" and should have due consideration under CEQA with regard to impacts of the species attributed to the project, it is staffs determination that the project area is not suitable habitat for the species as evidenced by the highly disturbed nature of the ground. The project site is substantially disturbed due to off-road vehicles, vehicle parking within the area, and illegal dumping of construction debris and refuse (see photographs included in the Response to Comments document in Attachment 5). Most importantly, although the project site is located immediately adjacent to the qualitative habitat-based description determined by the Service's Finding, it is located beyond that description. Therefore, in accordance with the Service's Finding, the project site is not currently habitable by the species on the basis of its location, and the fact that the project site is located between two existing paved roadways and is comprised of substantially disturbed soils. A detailed analysis of the Service's Finding and a response to the comments regarding potential impacts to Casey's June Beetle can be found in the Response to Comments document in Attachment 4. City Council Staff Report September 19, 2007-Page 4 South Palm Canyon Drive Widening, City Project No. 05-03 NOTIFICATION A public hearing notice was mailed to all property owners within 400 feet of the project and published in The Desert Sun. Additionally, a copy of the City's prepared Response to Comments document was mailed to each agency that submitted a comment letter during the public review period, prior to the public hearing. CONCLUSION This project is consistent with the goals and policies of the General Plan. Given the above analysis and findings, staff is recommending approval of the conceptual plans for this project and adoption of the Mitigated Negative Declaration. FISCAL IMPACT: None_ David J. Barakian Thomas J. Wi son Director of Public Works/City Engineer Assistant CK Manager ATTACHMENTS: 1. Vicinity Map 2. Conceptual Plans 3. Mitigated Negative Declaration 4. Response to Comments Document (includes Comment Letters) 5. Resolution MOE ATTACHMENT VICINITY MAP - ;.. ,... ~_j . .. c Smukr Treul _ - i — ware.--Y�.- ..—.� i' . .: . ;:V .. .J •• zi—== TON t - •-�-- — -� --aii4ru.vnTdgN rt- n.lItS- '•1•- w -- - 'O :: �.�.-------------- o` - al H — G ti A C A L'.-I .E .V_ . m:": k, — z —( - SITE - Imo- PnLY JyFPSSC+ CIT" 3b41VLz=� •� oI - -. rwr�( L r 1 Z .• - . UI� a.n y D EDO 0m — �.� _ $ E R G 4 T i Q P _ ..L-�. 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FAHRNEY wa 1370 Valley Vista Drive,Suite 150 XO Diamond Bar,CA-91765 CHECKED BY: J W wo PH.(909)396-0335 FAX (909)396.1324 SOUTH PALM CANYON DRIVE FIGURE =o www.kleinfelder.com STREET WIDENING L' PALM SPRINGS,CALIFORNIA hJ DRAWN. 10(20l05 1 APPROVED BY' PROJECT NO. 72785/1 1 FILE NAME•72785.p1 dw0 ©by Kleinfel6rlP�6 U 0 ATTACHMENT 2 CONCEPTUAL PLANS MEET PLAN Mgftft NOTEOF PAZ!.e Sq 11 _ +uont cool.,I t MrJY{L.Yl E[pFY rCm.V'>E 11fA SA3 rtue.M 0.e-SI:[W]AGIf. � P ' s 1��rR1 T VTR netw•avo Ineno ui.fpm n Y1RA'll[ V N 1 14 M�E IA6 Y ffi.IY cF¢fC[ITPnU � { � 'M� 3 R¢rE a-lA a¢ M vxr[rail Y lu I'flll• AtiI�M nYIY=r C6F OM[¢T'2�rW.ttMIR Vb�a�M Cn1F iCa oar cra m�.iu am Arsnnr cQL lFffdN\Q' � N;i t r1TN F141M1CF n[�15SK Ii.LL¢1.^�IR3M pF➢¢M r][C A✓�Y P. • O]olRallx sAiO554e1 M r1a6.uM RFIFF➢E aF M eiN[lO Y115 � s� CITY OF PALM SPRINGS SOUTH PALM CANYON DRIVE WIDENING PPAFSi LdCAi[iH Y[CINITY NEAP �c, I I I MEND AND ASEREYIATIONS PRIVATE ENGINEERS NOMC TO MMTA UTORS IINDEIIOROUND LMUrlE kST11UOTURES on i anm sue�v iw`Wiiammlbi"`o:.�rs iV9m6A% nvrir �u' iniiil[R.YC rsO�M-;<rM. l¢TERi Mi>A/yllE�.[S�L�➢4[[MI1[vTW'l�M � l£ MRE Y•�f¢ LT .-�AIIIFI¢PMOrYIIVL1o�cTE rsiu'.s�r a�'rc OE TON OFR TONW6 OP '�?fR - �•rv. _ _ Iwm�riur_ LL[E ��i�l Yw\2 PA'NC YrR R WY ¢� M i[-aill ,iimI-0. 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SHEEP TITLE S \J "�'- - [Iltl i[GIe3 ez 51 n9 GrNG1 Yre +U CENERAL PLAY VVV 11 FOJYDAT]ON PLAA ume 12 1WT$kT LETAIL S It,Conlrcc ror GM11 Yrrlry orl - InateGleG ner alrvciwe q IyJTYEK1 EE iIILS Yaclrcnl cq rleltl etaenerT- a.fine V PLAN - InaFcolGa ala rinp cdrrat. r.n4ea1 iP ,rent 1x ITPICAL SECTIOY orOerm roTrreo rin `^_ q 2oay na}erlal. •f'=1-o- +5 YIS[aLLA6EW5 Of TA ILS C.P. 9a-03 ���'` TV:.lF 3TERNATIONAL m CITY OF PALM SPRINGS, CAE7FORN[A 6"cET sA.r.Fxr.+ '• SOUTH PALL[ CANYON DRIVE BRIDGE A'IGENING f 1 i Ih ulr orr a an. Rom. _.. GENERIAL PLAN C �A Cl.� sl' I2.xa.]P r' !c s}o iv55.os Q Scum Ruin ca,yo 9Av. fcbt 1 eoc ltul 2 eer noln n ° / Go re a 1 z I area a:r }in 9 I _ I Hl._. XO•4•21'ri - —;—,—'— "_ Ixe urea 00� 14m �.' _ .` ;51 � E r ti .ater r¢In Sto 12r29.20 41.co Rt -� ;-510 1?54.2011.00'At 'E 1 Hal.Moll re}pyl 2 Rer mull ' \ 52..57. a - GENERAL NOTES LOAD FACTOR DESIGN — -- -- -- t _ _929 — •MMKI GUR&NS BRIG_ BESIC SPECIPICAII0S5,kry 2005 ILFO) E.ie IIM 12'No [dl,iPlNS SE3541C OES1cN iER]! SEE.VLl. V[P 5lver _ �'E�IG9: _JYE 2W CR ' 530 DEAD L0101 lrclu0ee 33 Rsf for fu+vre .Baring Burro=e ' LIVE L045p[X6I H520-1e m] alterm IF,. m pernlf peeilln loco. Oe Felp[ole¢.Sralnp Ed49YX6f +°�." 6R5 Nry f[r Sai[Prof rle 0 r¢+er noin }¢ails eE 0.25 0:C r A''¢rca el9ce'IereoMOr., PLAN 1....Qu, r9r'P='3. or t.a `a tw 9rm rem I--1a z.p .s e.ler.Y_a A9r s InOFco}u L Irwn aS faa}ing elnntran E yyqq 0 j 24R yM- A'Ir[O ree ea.I ng.rn9.011e 10 01 rem.Yea a 7rco}e. e.l.l In,�lrwt¢re at°� 0.5 Imrc9+e. aa..IrlCfiure • o }yp o p,s 1.0 1.s 2.9 z.s 3.0 B.s .4.0 S.For Iinr}e or egww+ron a p Nllll,see 163C PoriM foci ABUTMENT SECTION m4'�aF'{EE° 60.00)pei ` 6.A1�+rea1 Ea[rr yI -.. - cd0x pel MII b .r¢Ile5 io0.e[r6}In On.flfp i}qnl o! •[oeneE e EARTHWORK LIMITS °RnJ+men} 1'pI1 x np:n .:+R t.tlm~mem rcce sRr=Bp P°orr9e DAIA TABLE s hV 1e s1:pat al lvro]I. g ornp n�ellyl eeor ng .. 6 local ran [e{[eliy S kolel LEC£Ml C¢II j llr Can}r[elor !tall verify all ®- Ir9rw+ee Struc+¢n E.[a'eolim.ErEdg. 1pul l 1.0 luf 1.9 kX mlrolri, rr.Id .lmfn.rm. WF,. ®' IAICofee S+ruc}ure BOMIMI E:rd9. .1Cu1 2 ..0 kef 1.9 her r m rrn9 m fabricating any morerral. • i C.P. V5-03 f we-. l TYLININTERNAROMAL Cin OF PALM spwNGs. CAL[PORNIA s�mr%s .r'Lv�'m1.M, S'OVLH PA: CANYG9 DR14'8 ➢H]➢GE 151D8NfHG 12 Q _ oHl _ -'- FY]UN➢AFI➢@ PLiR ° E'er 4 SGWh Pain Canyon 9r �e s ee ar Ga 'y� es tar 2 ml ]S,e Ih"f:lle 1, IYa 11'-0' r l .i ` s 9' 4 �— AN TYp t. N'utnenl 1 sl'cm, 47✓irenl 2 elmllor escept opposite Inm 2-clr tY] Y 6 tE' See'Delair 6" -e.pm.ion 4 soern wlm C.n,.0, Joint rluer 2C T, p4 ei Wlcp fap of .5 � a I'r- rs a.l 2 u.l «cH el erm lm 1. a Grwt eprel s, 1 WoinoSe oJening m 9"dap Info exl6rinp .bit 2.for WaPlo1 2.6X cWtnenr peeve P.,.." for ! 1'-!' 1'-S'l' ett'11 U Plm. = = .0 P Ir 3 1 3 IIY]] s *Ing lon It'.62 a 12'I a trg 9"Deep In ro enfsti np [Wlment rwrinp for SLEGEHeIeiefMlcote. eostin0 .1f "ren. .o-.cmr° ELEVATIONSECTION A-A - IMIrniee a rstrng ca,alu remp i fP rtlule JIM rmfaint fillerflne . g co-+}tool rt.ra aim ns:me veto . DETAIL D u-wrinvI reertcollnp any naI.ri.l. .r tea'- C.P. 05-03 § 7YLININTERiNA[ONAL i�CITY OF PALS SPRINGS, CAWFORP € o�"r'i`rt ns.rsrw vs.v o-r' S011TH PALM CANYON DRIVE BRIDGE W[BENiRG 13 e c I1r Wr M,1r Ne m . aNr AROTYENT LAYOW - C� Yi•sw,srop llingmll joint rlllar A LOL� W!U }N er •k e!! 4ck ae.porlm ��� I FC (patln9 W.l., !Ot e m Ct.fl, E 9w^p I E09. or cWtnen! rwtinq il. S'I Oi p6'}r[T rpc or bur mll rose of [Nmem •oll fwllnq 4prt l! E49e of cn�t nem .un}in4 . 5' 6' SECTION ELEVATION PLAN z WI NGWALL DETAILS f.l o' F x g6 d a 's rdt y m lru� C Mrr celar .MII w_rify oil erc tlinmsi e Fme w-eerrnq fuhrmflr9 cry nmvlol. C P. 05-03 NLININTERNATIDYAL CITY OF PALM SPRQIGS, CdL7FORNIA 'FAT e A "�v ssr"�i:rsr`en''a sonar SOUT11 PALM CANYON DRIVE QRl➢GE WJJ EN]NG 14 = ABOLA'ENT ➢F.TAEES e E b to Palm Conan or 37' S'S IEI s}in ] .11'-0'IYiOen] S'-64 321-O'S 33•,0- V-0, LImrts or C-O- Fenwve CrH all. u wrrtt,4eIX f ex1.1 inp rolling.PoFimtlill gvenenf. d l 1'-➢-5 .xlalrn0 mllinp an lNi nv _Sao 9e1o11 enwror R" TJ�go111r,l •1'aa0 Plorl,' Linif. or e62e or slrpcture—_ getnafoll P }Yp] ' rerinlanrn9 Eech .xLIIM 'Oft, Rai pen I� A¢[b,e..rail., arda.o lh 144 6, 3 curD Npicn rW of Cech el eVof oe § 29' p6�— EI 12' 9' .rill i ..11 p, [eep into foie eaI st lnq LEfiEgL[ carrrem nm tnalcorea i.i.ti,elraomr. a rnaiaorea n.. elrttmrp TYPICAL SECTION �- ` tnaicoeea .xiatly cancrue renavYl 1p tical 4 Nel of rtal l in, .r Y�eNr.t roll i1 i flr.2 rp111n2 tot 1 A we 2' Ir lira-ruel, ryq q `Y° _ a coot.tol e Wnr' t r nr a C<xulk � ya r c z Y4'arlp s ELEVATION For Itta f 1.'.loe,pee 'IYRcenrnpae ° DETAIL A L41an e-prwe+ 5 Tm C ,or CMfrOCtaf.M11 Yefl ry all `'j [[Yi1 rp111nf fria O Ten]lpl] MIUfe aa¢ring a fobr otrno any m l.rim.orm— rf § veu Rrnl.r tr i iF.m 7.YLININTERNATIONAL CITY OF PALv SPRQIGS, CiVLR'G[LYfA �.� SOUTH PALM CANYON DRIVE 6RIOGE 131OErfIRC - 5 a = a Na mea ..<.o •� t TYPICAL SEC TO}I " ReutceM 1 llin wll F•la a !}.�}renl 2 hrn wll P.o i.e0 SrOeacfh CONCRETE STRENGTH AND TYPE LIMITS na scale LE[El - Slrucl uI..Cm re}.. E rdl. Ioo1rn9 415 1.1.t!dO,e] O - Sttuclurol [orref e. 2rlog. Now od.ae wy.] Rerm loll exi.}irtq RarnaI rill rnq rt !o.}.3Y➢ E.re}inq TOP nai, rt plcka '��Exlel I., R.l l In,Poel r-1 r i"C6 in jj a r Top or .[O..olh j j k II-II mfl IrI Irl �IrI II I II II II II II II II IPI If II II II I 7_II III IRI IIII IIII II I: I_IIIII : _LLJ.LII:f Ij Exls}i nq Pltel n[Frr il:IIIII 1IJ iIm Ri� i II II II II II II I 1111 II II Il Eaelrny Ronan—RolL I= LJl1_ �1! fI I �rw1 S - n ' Poel cr{r.Yoge r y�1 IgaCel]m.xine }ol%J1-6' HIJ 1on2 g . ale lra p=r aer cl.waye € � ry• ELEVAT ON - q SECTION I npre; METAL RAILING DETAILS I•�{� `"„�' Tine Ca IrOOlor .nOII vertry cll C cmlrolticq Frao eMmeron. 11,. rr me rnq rooAmllap ony mrerlal. C.P. 05-03 �� r lr.s.1 I1 i TYLIN MHLL'¢ROIVAL CITY OF PALM SPRINGS, CAtwow IA S ' € c S011YH PAF3[ CANYON DRIVE 8R]RGE lf]➢RRI11C 6 ror sllLLm.al ,•"•• MISCe]I.ANEOUS D97A115 013 ATTACHMENT MITIGATED NEGATIVE DECLARATION i NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION "SOUTH PALM CANYON DRIVE WIDENING PROJECT" LEAD AGENCY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CONTACT PERSON: Marcus L. Fuller, P.E. PLS,Assistant Director of Public Works (760) 323-8253 PROJECT TITLE: City Project 05-03 South Palm Canyon Drive Widening Project PROJECT LOCATION: South Palm Canyon Drive from 500 feet south of Murray Canyon Road, to approximately 900 feet south of Bogert Trail, Palm Springs, Riverside County PROJECT DESCRIPTION: South Palm Canyon Drive is currently improved east of the centerline with a curb-to-curb width of 32-ft, and an existing sidewalk contiguous with the easterly curb_ The proposed project will widen approximately 1100 linear feet of South Palm Canyon Drive from 32 feet to 64 feet (curb to curb), with an additional sidewalk being constructed adjacent to the westerly curb. The proposed widening will occur from approximately 500 feet south of Murray Canyon Drive to 100 feet south of Bogert Trail, then taper back to existing roadway width at a point 900-ft south of Bogert Trail. The proposed street widening (and sidewalk construction) will take place within 94-ft of existing right-of-way.The project also involves the widening of the existing bridge across Cherly Creek (also referred to as Arenas Wash North). FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that any potentially significant impacts can be mitigated to a level less than significant. The City hereby prepares and proposes to adopt a Mitigated Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 30-day public review period for the Draft Mitigated Negative Dec aration will-commi§nce at-8:00 a.m: on May 30,2007artd-end-pn Jufy 3;-2007 afY-bU p.m.•"--- far interested individuals and public agencies to submit written comments on the document. Any written comments on the Mitigated Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address:. Marcus, fuller@palmsprings.co.gov Copies of the Mitigated Negative Declaration and Initial Study are available for review at the above address and at the City library. i I i ) j l U i� 5 l d NOTICE. OF AVAILABILITY OF A MITIGATED NEGATIVE DECLARATION CITY OF PALM SPRINGS PROJECT TITLE: City Project 05-03 South Palm Canyon Drive Widening Projecl PROJECT LOCATION: South Palm Canyon Drive from 500 feet south of Murray Canyon Road, to approximately 900 feet south of Bogert Trail, Palm Springs, Riverside Counfy PROJECT DESCRIPTION: South Palm Canyon Drive is currently improved east of the centerline with a curb-to-curb width of 32-ft, and an existing sidewalk contiguous with the easterly curb. The proposed project will widen approximately 1100 linear feet of South Palm Canyon Drive from 32 feet to 64 feet (curb to curb), with an additional sidewalk being constructed adjacent to the westerly curb. The proposed widening will occur from approximately 500 feet south of Murray Canyon Drive to 100 feet south of Bogert Trail, then taper back to existing roadway width at a point 900-ft south of Bogert Trail. The proposed street widening (and sidewalk construction) will fake place within 94-ft of existing right-of-way.The project also involves the widening of the exis ling bridge across Cherly Creek (also referred to as Arenas Wash North). SIGNIFICANT ENVIRONMENTAL EFFECTS ANTICIPATED AS A RESULT OF THE PROJECT: The proposed project could result in no significant impacts after incorporation of mitigation measures.. ADDRESS WHERE COPY OF FIR IS AVAILABLE: City of Palm Springs, Department of Public Works and Engineering,3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 — --PUBLIC-REVIEW-PERIOD:-.30-day public-review period-for the MND/IS-will•commence-- - ---. on May 30, 2007 and end on July 3, 2007at 5 p.m. for interested individuals and public agencies to submit written comments on the document. Any written comments on the MND must be received at the address below within the public review period. In addition, you may email comments to the following address: Marcus. Fuller@ palmsprings.ca.gov Copies of the MND/IS are available for review at the City at the above address and at the City library. LEAD AGENCY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 CONTACT PERSON: Marcus L_ Fuller, P-E. PLS, Assistant Director of Public Works (760) 323-8253 I INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE i •WIDENING PROJECT PREPARED FOR CNY OF PALM SPRINGS E DEPARTMENT OF PUBLIC WORKS AND ENG W EERING f PREPARED BY KLEINFELDER REDLANDS,CA � III I i MAY,2007 i w, May,zoos000522 � 5 INITIAL STUQY FOR SOUTH PALM CANYON DRIVE WIMNING PROJECT I f i i i I I i May,2047 el _ J i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT TABLE OF CONTENTS Section Page 1. Introduction 5 2. Environmental Checklist Form 7 Environmental Factors Potentially Affected 16 Delerminalion 17 Evaluation of Environmental Impocfs 18 References 45 Appendix A Biological Resources 46 LIST OF FIGURES I Figure 1 Vicinity Map 8 Figure 2 Grading Plan T 1 Figure 3 Aerial Photo and Area of Potential Effect 13 i I I I 1 i i May,2007 4 3 , INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT f M E May,2007 4 INITIAL STUDY rOR SOUTH PALM CANYON DRIVE WIDENING PROJECT SECTION 7 INTRODUCTION 1.1 PURPOSE This document is an Initial Study that assesses the impact of the proposed widening of South Palm Canyon Drive in the City of Palm Springs. Currently the roadway is a two-lane roadway with a two lane wide bridge. The proposal is to widen both the roadway and the bridge to accommodate future projected traffic increases on the roadway. This Initial Study has been prepared pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines to evaluate the potential environmental impact s associated with the roadway construction and operation. 1.2 SUMMARY OF FINDINGS The analysis of the proposed project through the use of the environmental checklist process has determined the following environmental issue areas to have no impacts or less than significant impacts: • Aesthetics • Agriculture Resources • Air Quality • Biological Resources • Land Use and Planning • Mineral Resources • Population and Housing • Public Services • Recreation I • Utility and Service Systems • Mandatory Findings i i The following environmental issue areas were determined to have significant impacts that could be reduced to less than significant levels through the inclusion of mitigation measures in project. design. These impacts include: i • Cultural Resources j i May,2007 4„a.M• 000026) i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIVENING PROJECT Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Transporfafion/Traffic PROJECT REVIEW PROCESS This Inilial Study, Notice of Availability and the Notice of Intent to Adopt a Mitigated Negative Declaration have been distributed to the affected agencies and Individuals. The Notice of Intent has been filed with the County Clerk of Riverside County-The environmental document is also available for review of the following location: City of Palm Springs Department of Public Works and Engineering I 3200 Tahquitz Canyon Way Palm Springs,CA 92263 May,2007 �``' 6 a' INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENfNG PROJECT SECTION 2- ENVIRONMENTAL CHECKLIST FORM 1. PROJECT TITLE: South Palm Canyon Drive Widening Project (City Project 05-03), City Of Palm Springs,California. 2. LEAD AGENCY NAME AND ADDRESS: Department of Public Works and Engineering City of Palm Springs 3200 Tahquitz Canyon Way P.O.Box 2743 I Palm Springs,CA 92263 I. 3. CONTACT PERSON AND PHONE NUMBER: I!I Marcus L.Fuller,P.E.PLS i Assistant Director of Public Works 780-323-8253 4. PROJECT LOCATION: The proposed project site is located in the City of Palm Springs adjacent to the western p p p l Y1 boundary of South Palm Canyon Drive and extends approximately 1,900 linear feet in a north to south direction from approximately 500 feet south of Murray Canyon Drive to approximately 900 feet south of Bogert Trail. Figure 1, provides a general location of the proposed project site. 5. PROJECT SPONSORS NAME AND ADDRESS: Department of Public Works and Engineering City of Palm Springs 3200 Tahquifz Canyon Way P.O.Box 2743 Palm Springs,CA 92263 I 6. GENERAL PLAN DESIGNATION: The proposed project site is an existing roadway. Lands to I the west of the site are designated Specific Plan, Low Density Recreation and Public Recreation. Lands to the east are designated for public recreation (golf course) and Low Density Residential May,2007 n. 7 tdw L>" [ , C Y'^ - w•�".4 y� J! i. Imumw.1 •-yH i i ,IY1p�C�`Ml�:'h, L'"'R F E :1 '} 27 -m"a= , '._S'•1(. �'i 'r - r y,"aY r �. i�' i• -,�,>•.;r y.�,, . •. . r " lp J�y ^�s[,_ (�' „�r,l � •��' ' Y• � ,':� �,\ ,'�Y4�`- ~'rcrry, �°"�=13.`'.;,,�S •"�i. 'FtS'd" +:1. _ . �—:1.=%:.'.�S � ;$ 5zy'"I ar ,C� wi"�• -r,..y� :q ei�„° y�' yE,F �. i4rl ' ♦ ,_` � :Tma J��� � �7`D'�Y� ,,� F Iy�FLp � �_ .��Y� � �--'----`�_--�., ��yy Y if V III'+yam.:`: '•�\i 1 1 .„; 5 �• �,.�,.•s rx 1' i.- _ � �+�"-"--_J"'. � Jl..'r7:::i��-y' �•. 't=� ��y.Y rTa! = Y' -ut 1 ly `oar v F y,„ C',; _[•- ti= Z r '\ - i ` •u fr^!!' hr.,�.,' ___ � __-----r--r EOgNALEY�.S�..Q��J ;Sp�.`�.I^ i L'�s,A•�!.! ,- '.1. I - '•~ limes 'S T,- v I" A -7f. f IY i Y ' 'ii.�. ,.: �''x ) T IY _ q` Vim `• p•_ vL � �ii,,�`:1.':. I:r'.) �/'"`��n,.i'.I '�'I i� 5 + �'•r3'f b "'^":>'�c.' ,I� fp! � r _��` �7��,�!!Ji IL 'I i',��'-� � '-�,'J�IY�.,.�� '� I .� LL Fr• -�j I g� � '..I ^I, Ili• JMy14 ( tif •},/ t 4:r f- �•�•fV�y �I 11� '1. �p.�p`,��-�• ��•�' Toe I•, _ .;A"i!�-.�` ti3,+ �:I•I i ! ��'�•. _ �... �•.h1..u,�,' ✓ MI Es t :. . , ; �. . ,.r:ls E l : V A T Tzim f pm t- a f.� •-- ..C— iprh r:.,�".:`�^-fie.`' � '.=+``'� i UVSOURCE: U_S.G,S, 7.5' fopegrcphic scrica, Plclm Spring, Coll/omip Rrr �.,�y CU quodranglc de}pd 1957, pheforcvised 1980, ' ` w SITE VICINITY MAP I L� K L E I N F E L D E K DRAWN sY: c.cARDIEL REVISED BY:D,FAHRNEY I LI`vU 1370 Valley Vis45 Drive,SuILa 150 ! Diamond 6ar,C,q.91765 CHECKED BY., J.W W T PH.(909)30"335 FAX.(909)39E1324 SOUTH PALM CANYON DRIVE FIGURE U� v+vnv,Meinfefdeccam STREET WIDENING ! -r PALM SPRINGS,CALIFORNIA ¢p DRAWN: 10/20l06 APPROVED BY•� _ PROJECT NO. 72785l1 FILE NAME:72785.p1,dwg a May,2007 INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT 7. ZONING: Areas to the west of the site are generally zoned for single-family residential uses (WR1 A and WRl B).Areas io the east ore zoned for parks and recreation (PR). 8. DESCRIPTION OF PROJECT: (Describe the whole action involved, including but not limited to later phases of the project,and any secondary,support,or off-site features necessary for its implementation.Attach additional sheets if necessary_) South Palm Canyon Drive is currently improved east of the centerline with a curb-to-curb width of 32-ft, and an existing sidewalk contiguous with the easterly curb. The proposed project will widen approximately 1100 linear feet of South Palm Canyon Drive from 32 feet to 64 feet (curb to curb), with an additional sidewalk being constructed adjacent to the westerly curb. The proposed widening Will occur from approximately 5D0 feel south of Murray Canyon Drive to 100 feet south of Bogert Trail, then taper back to existing roadway width at a point 900-ft south of Bogert Trail_ The proposed street widening (and sidewalk construction)will take place within 94- ft of existing right-of-way. i The project also involves the widening of the existing bridge across Cherly Creek (also referred to as Arenas Wash North). Figure 2 provides a plan for the proposed widening project. Figure 3 provides this plan overlain on an aerial photograph. The existing bridge is 28 feet long and 39 feei wide and consists of a single span, cast-in-place conventionally reinforced concrete slab in a rigid frame system with monolithic abutment walls at each end,supported on spread footings. The bridge is required to be widened approximately 36 feet to provide two more traffic lanes and a sidewalk on the west side. Grading for the proposed upstream bridge approach will include removal of the existing riprap (energy dissipation) pad, as well as placement of a new riprap pad. Additional modification of the Cherly Creek Channel May be required to extend the head wall of the bridge approximately 80 feet upstream of the bridge. The widening construction of the bridge over Cherly Creek will require the retention of two water transmission lines and a sewer line In place. Additional grouting maybe placed over the pipelines to further protect them against damage during construction. Construction of the proposed project will require up to 6 months and will include:the following major operations: Grading of the right of way. Relocation of two water pipelines and a sewer pipeline. Construction of the widened bridge over Cherly Creek Construction of curbs and gutters. Pavement of the roadway with asphalt concrete. Riprap removal and replacement i Restriping of South Palm Canyon Drive I A number of mifigotion measures have been incorporated into project design: • A Storm Water Pollution Prevention Plan (SWPPP) will be prepared that will provide Best Management Practices to prevent erosion and sedimentation during the construction 'F i May,2007 r 3"kiwi• V U riD V al' � ' f„pAN� INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT process. This plan may include use of sand bags, silt fences and soil stabilization measures. This plan will also include methods for spill prevention and clean up should toxic or hazardous substances be released.These methods will include containment and clean up of spills. • Dust control will be conducted throughout the project construction process. This will include use of water, dust control chemicals and cessation of construction during high wind periods. Initial site grading shall be monitored by a qualified archaeologist to assure that no buried resources are encountered, In the event that resources are discovered, construction shall be halted in the area until the site is evaluated by the archaelogist. Other measures including further site testing, data recovery and other documentation will be conducted as required by the archaeologist Initial site grading shall be monitored by a qualified paleontologist to assure that no buried resources are encountered, In the event that resources are discovered, construction shall be halted in the area until the site is evaluated by the paleontologist . Other measures including further site testing, data recovery and other documentation Will be conducted as required by the paleontologist. • A preconstruction survey shall be conducted in order to confirm that desert tortoise are not present_ In the event that tortoises are found, they shall be removed from the zone of construction and tortoise fence shall be install in that location to prevent them from reentering the construction zone. • Construction shall be limited from 7:00 AM to 7:00 PM Monday through Saturday. Pile driving shall not be used for bridge construction;rather any footings shall be drilled. • A geotechnical Engineering study of the site will be conducted to develop design for bridge construction and roadway construction., • A traffic control plan shall be developed for fhe project.This plan shall detail the location of barricades, traffic control requirements including flag persons and maintenance of access including emergency access. j 1 1 j May,200770 'Fuw.M• I INN 1.1•rre if rR rertla S• �! slvuvas '1 �F p 1 IN, 1 ➢I5[L as ___li.'.ona :i�TR�61tl3 � T- 1S Wyi I ow` sDminuu cNtxCN omrE. V � v _ - iFo r � U lEOEND ojUj �rec n r n 1 mW r � i _3 _• � ALE raamr u. vl < rzcurn.....uw 3 v §J o W� csuox�r �— arlcr ua II h '. AREA OF POTENTIAL r r w a EFFECTS� AND GRADING EXHIBIT N-ry MAR FOR STREET WIDENING OF SOUTH PALM CANYON nRIVE _ OPAriN BY p,FAHIUIEY PLATE GRADING PLAN K L E I N F E L © E R 0-0 REVISED BY o FAISnkEY o G411 X 13RY. %WSTERMEIFR PAL1,AO WONDiNE 13a bam rttl RarpCA 917& 1�D perry DATE APPR N!E08Y: 5TREETWOENIM FWCSX039iCnS FAY(999"Baaun G<J 9E250i PALM SPRINGS,CAFORNIA ©«o xwx.V2lnh_Nr wrl FROFECTkD 7275a IFILEINMAE, ]2]95p2.tlry PCOI"rE]. 25N y2LUT,11]t n tlrahmey r a 1 's ! fill . s ��'I• �. '' ... �}'; , § . ,. ti _ ram.=-'j-- � _-,_, ��,.4.. 1 � It Si•�..��� - 1 f� 1� a \ ] Y: �}'� • '^yG�—. � _ £ _ _ - _ �'.55�� v'ii..� �•�`�'w.'� �'< `t �• ...V�.�.. A�.S'!T{^ry ..lta • ��'r` "' �.;7 '.. _ _ - ;i,.eir'"ri v':.iY:'ix'+X •S�7-7 At.._ � w - ..f�• :s. •,'_+fit?.-4 .Ilw. i MEMO' . F<. _ � 'AFF.rd �$•.SS' �,^. YtM ,ti s ''� - > i �' i!""•k .r'4:L::�f•Isu.yi,7.. _ �y�-� Wa3�>.•.,. �:,>.,� _- :c5,��''.'�.`_tiiJ.r'.y�,. � ! a 1�`'' - ��..�Fst�.i,C�,_ .3..^2n a�•Rey ��� '� _ _•�:I,3"�^=�'lr' ,ara �L1,i' s���� e 2s_�y� `slss .,� , 1-. � ..:krL. :a'r'- _ :: ¢f. ..$',". -'ems N �: ,>F' aft = _-y r • .a I• • T�f.s Ny�T�, T_ .. sl- _' fu,a R,�e'_!� k_ i' , n��1..' �. '�,_ �_ __ _.{�: f-3[fig s�E i ?'� T� y ^�.4 �s �I�'` .e° �•5�4,..s{�I )!t.S�irt��'-�3;5 ��y - .g-.i�z�. . .� ii-�':� *�• �� :_ %�Ji; s.✓ CC r t' w,�s':.r,$�+'..'. r: �L :F``�A�.'S4�.i:. u ,eTa ..•�'7�R�4g i"...?-. ^.Y;.S�`i'�`�-'�'�.r z -. � �� ': i _F'!.�'Si^,,:•�',,.`ai 1 _ E _)`x�.$F�.lae9�'Fc^ :'���i 4ia;i'._S'krw•.�i.�3-.9i{S.FL=''^::1��':i"[-�: fE:s.'u;s,�' '': '�V- 5 b S c 3 Py e E w � o tl LYL545^:EY: p FAHRHEV AERIAL PHOTO AND PLnTe Ry AREA OF POTENTIAL EFFECT K L E I N F E L D E R Vco R VV EBRY. D.FAHRNEY x� 13Ip VolalYkL-Cd slF419] WY eHELK'_n EY. 4VEa'TERMEIER PA1h1 G9NlD.V CliIV2 q=_copi pep CA9liw r �u MTE; APPROJ2116V: WREETriY_ENI143 9H 19e91169335 FA C-l-Q139 1325 CaJ ow .. PAUA SPR.,'S.O UFORlTA xww Llolnfclt�rcm ¢¢o PRMELTNp. 7V,95 FILE WlAE. I2i-p9.dx PLOTTED dr&rry �J Ii INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT 111 9. SURROUNDING LAND USES AND SETTING:Briefly describe the project's surroundings: This section of South Palm Canyon Drive is located within a semi-urban setting. In the northern portion of the areas to the west of the roadway north and south of Murray Canyon Drive, the area is residential, containing both homes and recreation features such as tennis courts. The area south of this developed area on the west side of Palm Canyon Drive is undeveloped creosote scrub. This area has been approved for development as the Eagle Canyon Development. Areas to the east of South Palm Canyon Drive is developed for recreation purposes and includes a golf course, tennis courts, and other recreation related uses including landscaping. South Palm Canyon Drive in the project area is a two lone roadway that primarily serves the housing and recreational developments within the project area. It supports a volume of approximately 3,500 average daily traffic (ADT) and is projected to increase to an eventual approximately 15,000 ADT. The northern portion of the roadway crosses Cherly Creek that is a dry desert wash. This wash is under the jurisdiction of the Riverside County Flood Control and Water Conservation District. Cherly Creek is a tributary to the White Water River. If flows from the project site through a golf course and outlets into Palm Canyon Wash before entering the White River Channel. Arenas Creek south is located at the southern end of the project area and flows at grade across the pavement into the adjacent golf course. 10, OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED(E.G., PERMITS, FINANCING APPROVAL, OR PARTICIPATION AGREEMENT.) The proposed project may require several permits: • Approval by the City of Palm Springs relative to plans,specffications and funding. • Approval by the Riverside County Water Conservation and Flood Control District for construction of the bridge expansion and alteration of the channel Permits from the California Department of Fish and Game under Section 1602 of the Fish and Game Code_ • Approvals from the Desert Water Agency for relocation of Pipelines at Cherly Creek.. A Nationwide Permit under Section 404 of the Clean Water Act from the Los Angeles District Corps of Engineers Certification of the project under Section 401 of the Clean Waler Act from the California Regional Water Quality Control Board. i May,2007 yg �r. �mox+` INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving of least one impact that is a 'Potentially Significant Impact' as indicated by the checklist on the following pages. it ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils i ❑ Hazards&Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning i ❑ Mineral Resources ❑ Noise ❑ Population/Housing i ❑ Public Services ❑ Recreation ❑ TransportationfTraffic I [] Utilitie,/5ervice Systems ❑ Mandatory Findings of Significance f i I I i i . I I j May,2007 16 i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: © I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the ® environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION vAll be prepared. 15nd that the proposed projecf MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "pdtenfally significant unless mitigated"impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant fo applicable legal standards,and 2) has been addressed by mifgation measures based on the earlier onalyz as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier SR or. NEGATIVE DECLARATION pursuant to applicable standards, and (b) hove been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nofhing further is required. c���-` a 7d7• . Signature Dater David J.Barokian,P.E. Direcfor of Public Works/City Engineer Map,2007 �. .,o��r rr n I� . ®©� . INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT EVALUATION Or ENVIRONMENTAL IMPACTS: I) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects Pike the one involved (e.g.,the project falls outside a fault ruplure zone). A"No Impact'answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whale action involved,including off-site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there ore one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. A) "Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"to a"Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures"Earlier Analyses,"as described in (5) below,may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case,a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they ore available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should,where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached,and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, May,2007 'a"• 18 I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. i 9) The explanafion of each issue should identify: a) the significance criferio or threshold,if any, used to evaluate each question;and I b) the mitigation measure identified,if any,to reduce the impact to less than significance i i i I I i i I ON' t May,2007 s 19 s INITIAL STUDY FOR SOUTH PALM CANYON DRIVEWIDENING PROJECT .'a�ig ":� 1_ AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic ❑ © ® 0 Vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ' Q outcroppings, and historic buildings within a 13 state scenic highway? d Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ED ❑ surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime ❑ [] C7 views in the area? Existing Conditions The subject section of South Palm Canyon Drive is located along a partially developed area in the City of Palm Springs_ The area is typical of resort areas and desert scrub area. Areas to the west consist of desert hills and mountains with little development. Response to Questions a) Less Than Significant Impact. Widening of South Palm Canyon Drive will place a widened i roadway in the area and place a widened bridge in the area. Because this roadway is an extension of an existing roadway and will not create visually intrusive structures, the impact is considered less than significant. b) No Impact.South Palm Canyon Drive is not designaled as a State Scenic Highway. c) Less Than Significant Impact. As discussed in "a" above, the site is already partially urbanized and contains an existing roadway. Therefore, the visual character of the area will not be significantly impacted. d) Less Than Significant Impact. The proposed project will not include additional street lighting. . I I I i I i May,2007 20 (i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT Ni t r .' II. AGRICULTURE RESOURCES. In determining whether impacts Lo agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural [] ❑ ❑ use,or a Williamson Act contractf d Involve other changes in the existing environment which, due to their location or ❑ ❑ 1-1 93 nature, could result in conversion of Farmland to non-agricultural use? Existing Conditions The proposed area for road widening is desert land or landscaped areas. This land is not used for agriculture,is not prime agricultural land and is not under a Williamson Act Contract. Response to Questions a) No Impact. The site is not classified as prime farmland, unique formland or Farmland of Statewide Importance. (Farmland Mapping and Monitoring Program of the Carifomia Resources Agency) b) No Impact. The proposed construction area is not zoned for agriculture or on a Williamson Act contract. c) No Impact. Implementation of the proposed project will not result in the conversion of farmland to non-agricultural uses. I A•fay,200.7 _ � I 21 1pq INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT r5'f., -y• . ^t �+ n +,:ax: a s"q,,. :nn�» wa .: i ' s; o � 'r<H Ill. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project: a) Conflict with or obstruct implementation of the C] ❑ Z ❑ applicable air quality plan? b) Violate any air quality standard or contribute El El ® - 0 substantially to an existing or projected air quality violation? cJ Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an 0 El applicable federal or state ambient air quality standard {including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ® ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ® ❑ number of people? Existing Conditions The City of Palm Springs is subject to the provisions of the 1997 South Coast Air Quality Management District (SCAQMD) Air Qualify Management Plan. This Plan sets forth plans and other measures to help the SCAQMD attain the,planning requirements of the federal and California Clean Air Acts. Ozone and PM10 are the most prevalent pollutants of concern in the Coachella Valley. PM10 emissions are associated with blowsand and from other sources. Ozone emissions are associated with motor vehicle sources Within the Coachella Volley and from transport of pollutants from the South Coast via Banning Pass Response to Questions a) Less Than Significant Impact. Implementation of the proposed project will result in generation of air pollutants during the construction phase. The roadway itself will not generate pollutants once it is constructed, although vehicle traffic generated by olher developments would generate pollutants. A worst-case construction emission scenario is provided below.This analysis relates to the grading phase of the widened roadway and assumes that the grading will be conducted at one time. If is also estimated chat less than two acres of ground will be disturbed during the construction process- Gmissions are therefore anticipated to be less than significant. i May,2007 '"`'�•. i • Q � �ti� L INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT Maximum Daily Construction Emissions (In Pounds/day) - 5 - A .Im O 9 dt V Excavation 46 Diesel Equipment 16 6 43 4 4 Trucks 6 2 14 4 4 Employee Vehicles 9 1 0.5 - - Maximum Daily 31 9 57-5 8 54 Construction Emissions SCAQMD Significance 550 Ib/day 75 lb/day 100 Ib/day 150lb/day 1,90lb/day Thresholds for Gonstruotion Significant? No No, No No No I b) Less Than Significant Impact. As noted in subsection (a); proposed project will only generate temporary short-term air pollutant emissions associated with roadway construction and will not result in any violation of air quatity standards. c) Less Than Significant Impact. The proposed project is not anticipated to generate additional long-term emissions- Therefore, no significant cumulative impacts are anticipated due to implementation of the proposed project. d) Less Than Significant Impact. Construction aclivities will generate air pollutants on a short- term basis. These pollutants will be primarily PM10 generated from dust emissions and diesel powered vehicles. The dust control measures provided in project design will reduce the impacts to sensitive receptors to less than significant levels. e) Less than Significant Impact. The paving phase of the proposed project may create short-term odors associated with use of asphalt and other materials. These impacts are considered short-tern in nature and localized to the project area. 0"M May,2007 23 I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT ' P �. f^�"ti ! G�?'rub. Y�i" �3' a "$ � n Vµµ ,��,'�: @..I, y..n. Fax.0 ntl'tr.=".i• [ '�.�• •,, N. 'alY � !� �I 7y, 'SK'I' Ltai m w 7z. � •"y' � Y•I ��F, r�° l�'i�n� 1. F'�.�rr �"m �� ����:a' "I V' �' ax�'�! � �' ;1 .. !"•I IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies ❑ ❑ 0 . ❑ or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or ❑ ❑ 19 ❑ regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands, as defined by Section 404 of the Clean Water Act (including, but not limited ❑ ❑ ® ❑ to, marsh, vernal pool, coastal wetlands, etc.), through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ IR ❑ migratory wildlife corridors,or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plan, or other approved local, regional ar slate habitat conservation plan? Existing Conditions The proposed project site is located within the Arenas Canyon alluvial fan. Several biological reports have been prepared in the project area including Michael Brandeman & Associates 12002and Dudeck & Associates( 20021. The area proposed for the roadway-widening project was also surveyed in September 2006. A reconnaissance report is contained in Appendix A of this document, The area proposed for the roadway widening has been substantially disturbed .due to its proximity to the existing South Palm Canyon Drive. This area includes vestiges of the Creosote Bush Scrub plant community. Wildlife in the area consists of species normally adapted to Creosote Bush Scrub habitat. The proposed project ores is within the range of the federally threatened desert tortoise. A survey of the area for tortoise sign, including scat, live or dead tortoises, and potential burrows did not indicole they were present. Previous biological studies on or near the project site also did not identify any tortoise sign. May,2007 za �O� N Z' I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT The proposed project site is within the range, but not wifhin the Critical habitat for the Peninsular Bighorn Sheep. Studies conducted for the adjacent Eagle Canyon project indicate that the sheep occur at a higher aliitude than the proposed project area. Therefore, it is quite unlikely that they would range in the vicinity of South Palm Canyon Drive. Cherly Creek is located in the northern portion of the project area. It is likely under the jurisdiction of the California Department of Fsh and Game and may also be considered Other Waters of the United States by the Corps of Engineers. The channel is essentially devoid of vegetation and would not be considered a wetland. Tiger Creek is also a minor drainage that flows to South Palm Canyon Drive. A Jurisdictional delineation of streams in the Area of Potential Environmental Effect has been prepared and is on file in the Department of Public Works and Engineering. Response to Questions i i a) Less Than Significant Impact. Based on several biological surveys in the area, it is very unlikely that the desert tortoise or Peninsular Bighorn Sheep would occur in the proposed right of way for the proposed road-widening project. b) Less Than Significant Impact. The proposed project will not impact any wetlands or other sensitive habitats. c) Less Than Significant Impact.The proposed project site does not contain any wetlands as defined by the Corps of Engineers. However, the Cherly Creek Channel is considered a wafer of the United States and us under jurisdiction of the California Department of Fish and Game. Construction of the widened bridge will result in disturbance to the channel bed and potential discharge of fill material. Permits would be required. d) Less Than Significanit Impact. Implementation of the proposed project will create a wider road than presently exists. This may impact wildlife movement somewhat, but is not expected to reach significant levels because a roadway already exists. e) No Impact.The proposed project site does not contain heritage trees or will interfere with any local biological related ordinances. f) No Impact.The implementation of the proposed project is not anticipated to result in any conflict with the Tribal or other Habitat Conservation Pion or any other conservation plan. M MaY.2007 25 INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT 3O .� V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ❑ El Elsignificance of a historical resource as defined in 15064-5? b) Cause a substantial adverse change in the El ® ❑ ❑ significance of an archaeological resource pursuant to ? 15064.5t c) Directly or indirectly destroy a unique d El ❑ paleontological resource or site or unique geological feature? d) Disturb any human remains, including those [] ® ❑ ❑ interred outside of formal cemeteries? Existing Conditions A cultural resources records search and a pedestrian survey of the area of potenfial effect were conducted by Applied Earth Works for this analysis. This analysis included consultation with the Agua Caliente Band of Cahuilla Indians. A copy of the report is on file with the Department of I Public Works and Engineering. The analysis did not identify any historical or any prehistoric resources_ The area is not likely to contain any human remains. Because buried resources that were not detectable could be discovered during grading, monitoring of the grading effort would be required and a qualified archaeologist would evaluate any resources encountered. The proposed project site is not known to contain paleontogical resources. Since the site contains alluvial deposits,there is a potential that resources could be buried. Monitoring would be required during grading of the site. Response to Questions a) No Significant Impact. The proposed project site does not contain any structures and contains no known historic resources_ b) Less Than Significant Impact with'Mltigation Incorporated. No archaeological resources are known to be present at the site. There is a potential that buried resources could be contained on the site,requiring monitoring during grading. c) Less Than Significant Impact with Mitigation Incorporated. No poleontolgical resources are know to be present at the site_ There is a potential that buried resources could be contained on site,requiring monitoring during grading. d) Less Than Significant Impact with Mitigation Incorporated. No human remains are know to be present at the site. There is a potential that buried resources could be contained on the site,requiring monitoring durin g grading ' I May,2007 26 s , , VCS{jt1 � v INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT 5„ ^u;' ir..*'%,° t;',. R' ' 'rrs`1M;' i _c �^ „:-0 a a• -�api. '.:7v.,f�. d•..� i w' � � '!Y:'Wrt vj '7 =_.( a��,+ g l�• i t. . .I .': VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of lass, injury or death, involving: j i) Rupture of a known earthquake fault, as delineated on the M651 rdcent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ i substantial evidence of a known faulti Refer to Division of Mines and Geology Special Publication 42- ii) Strong seismic ground shaking? ❑ 0 ❑ ❑ iii) Seismic-related ground failure, including liquefaction? ❑ 23 ❑ ❑ iv) Landslides? ❑ ❑ ® ❑ b) Result in substantial soil erosion or the loss of topsoil? El ® ❑ ❑ c) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project, and potentially result in on- or off- [] ® ❑ ❑ site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ❑ ❑ ❑ I! creating substantial risks to life or property? e) Have sods incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for ❑ ❑ ❑ the disposal of wastewater? Existing Conditions The proposed project site is located at the northwestern end of the Salton Trough. The site is not Within an Aquist-Priolo Fault Zone and no active faults occur on site or in the immediate vicinity of the site. The area is prone to high seismically induced ground shaking.The San Andreas Fault Zone and the San Jacllnto Faults have the most influence on the site. Soils on the site are are comprised on finely assorted alluvium. I Response to Questions a) See Below ! y i) Less Than Significant Impact. The proposed project is not within an Alquist- Priolo Earthquake Fault Zone and there are no known active faults on the site i May,200727 � �NN f. INITIAL STUDY FOR SOUTH PALM,CANYON DRIVE WIDENING PRO)Lcr ii) Less Than Significant Impact With Mitigation Incorporated. The area is in a zone where strong sefsmfc ground shaking may occur. Design specific crifena will be incorporated into expanded bridge design and other roadway features to reduce potential impacts to less than significant levels. if!) Less Than Significant Impact With Mitigation Incorporated. The area is in a zone where strong seismic ground failure may occur_ Design specific criteria Will be incorporated into expanded bridge design and other roadway features to reduce potential impacts to less than significant levels. iv) Less Than Significant Impact.The proposed project site is relative level and no landslides are expected- b) Less Than Significant Impact with Mitigation Incorporated. Construction of the proposed project may result in temporary erosion impacts especially in the Cherly Creek area. Mitigation measures associated with the project design will reduce this impact to less than significant levels. c) Less Than Significant Impact With Mitigation Incorporated. There is a potential that the construction of a roadway and bridge expansion may result in lateral spreading or subsidence during a seismic event. A site-specific geotectnicol study will be conducted to evaluate this potential and develop project design features to reduce this impact to less than significant levels. d) Less Than Significant Impact. Based on the initial analysis it does not appear that the soil is expansive_ e) No Impact. The proposed project does not involve the construction of septic tanks or similar systems. May,2007 ^ "' 28 LhPawT I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT Lim'MIN I filbi -.'� i�P ' ��y� }}ga�'' VIi. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or ❑ ® ❑ ❑ disposal of hazardous materlalO b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ® ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste El ❑ ❑ within one-quarter mile of an existing or proposed school? i d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, ❑ ❑ ❑ 10 would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? 0 For a project within the vicinity of a private airstrip,would the project result in a safety hazard ❑ ❑ ❑ 0 for people residing or working in the project area? g) Impair implementation of, or physically interfere with, an adopted emergency response plan or ❑ ❑ ® ❑ emergency evacuation plan? h) Expose people or strvdures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ® ❑ urbanized areas or where residences are intermixed with wildlandsi Existing Conditions The proposed project site is located primarily on vacant land that has been vacant for the last 50 years. A hazardous materials technical study was conducted for the project by Geocon Consultants, Inc (2006). No hazardous waste was found to occur on the site. The report did note that there was litter and debris on the site. There is also a potential for low levels of contamination from aerially deposited lead along the roadway- May,2007 -Nyvtisl 29 INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT Responses to Questions a) Less Than Significant Impact with Mitigation. The construction of the proposed widening will require the use or transport of hazardous or toxic materials in the form of fuels. Lubricant, hydraulic fluids, solvents, road oil and asphalt_ There is a potential that this material could be accidentally spilled or otherwise released during the construction program.Mitigation measures incorporated into the project design include development of spill prevention and spill clean up procedures. b) Less Than Significant Impact wifh Mitigation. As discussed above in "a", the construction phase of the proposed project may creole a potential for release of toxic or hazardous moterials, i c) No Impact. No schools were identified within'/,mile of the proposed project site. d) No Impact. The proposed project site is not included on a list of hazardous material sites compiled pursuant to government code 659625. e) No Impact. The proposed project site is not located within airport land use plan area. f) No Impact.The proposed project site is not located within the vicinity of a private landing strip. g) Less Than Significant Impact.The construction phase of the proposed project could result in lane closures. Access to the area will be maintained at all times during construction. h) Less Than Significant Impact. The creosote scrub adjacent to the proposed roadway is potentially flammable. Homes are not directly adjacent to these areas. l i f i May,2007 30 ...o OCJ�7JJ I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT 0,14 F� s .Y .i�.Pir: Vill. HYDROLOGY AND WATER QUALITY- Would the project: a) Violate any water quality standards or waste ❑ ® ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater ❑ El level (e.g., the production rate of pre-existing 11 nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ❑ ❑ [ ❑ would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ❑ ❑ ® El increase the rate or amount of surface runoff in a manner that would result in Flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ❑ El 0. 1 ❑ stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? [] ® ❑ [] g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or ❑ El ❑ Flood Insurance Rate Map or other flood hazard 23 delineation map? h) Plate within a 100-year flood hazard area structures El ❑ that would impede or redirect flood flows? 0 El if Expose people or structures to a significant risk of loss, injury or death involving flooding, including 0 ❑ ❑ El flooding as a result of a failure of a levee or dam? j) Inundation by seiche, tsunami or mudflow? ❑ p ❑ 'Existing Conditions The proposed project site is located adjacent to a desert bajada with drainage generally from west to east. Two drainages occur on the proposed project site are Cherly Creek and Arenas r Creek. South Cherly Creek is a minor flooding source (Q100=30ods) that originates in the mountains to the west, crosses the existing roadway in a box culvert bridge, and then flows into the adjacent golf course and then outlets into Palm Canyon wash to the east. Arenas Creek at the south of the project site is the major sources of flooding in the area- its 100 year flows flows u'+r. May,7007 31 ON'� i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT (0100=3,000 cis) are approximately 10 times greater than Cherly Creek. Flow from the Creek crosses South Palm Canyon Drive at the southern end of the project area_ Water flows at grade across the roadway into the adjacent golf course_ Groundwater on the site is anticipated to be at least 50 feet below ground surface for most of the site. I Response to Questions a) Less Than Significant Impact with Mitigation incorporated_ Construction of the proposed project including the road widening and the bridge widening has the potenfial to create short term erosion and sedimentation impacts due to removal of vegetation and dislurbonce of the soil crusl. Sedimentation control techniques such as sand bagging, sedimentation fences and soil stdbilizers will reduce this impact to less than significant levels. b) No Impact.The proposed project will not use groundwater orwiq interfere with the groundwater aquifer. c) Less than significant impact. Implementation of the proposed project will result in minor modifications to Cherly Creek near the proposed bridge widening. These modifications will not substantially alter the course of the stream. d) Less Than Significant Impact. Implementation of the proposed project will add approximately 1.5 acres of additional impervious surfaces to the area. Although this will result in the increase of runoff from the site,this amount will be small and not reach significant levels, e) Less Than Significant Impact.The small increase in impermeable surface area would not result in a substantial increase in peak flaws and would not exceed the capacity of the Cherly Creek channel_ f) Less than Significant Impact with Mitigation Incorporated. Implementation of the proposed project will have the potential to increase sedimentation during the construction phase. Mitigation incorporated into project design including sand bags,silt fencing and soil stabilizers will reduce this impact to less than significant levels. g) No Impact.The proposed project does not include housing. h) Less Than Significant Impact. Modification and expansion of the Cherly Creek bridge will be designed to not impede flood flows going under the bridge. 1) .No Impact. The proposed project will not involve dams or any other structures and there would be no potential for flooding or inundation from this source. j) Less Than Significant Impact.The proposed project site would not be prone to seiche or tsunami_ The design of the Cherly Creek bridge and the drop structure rup stream of the bridge will reduce any potential for mud flows from upstream flood events. it i May,2007 '^ 32 1 -- INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT . n` mn• i7 it gg A e �y�r�:, .�a: ...[ 6."', n tt nat• i t . n ,. ni IK LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ❑ [� b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Existing Conditions South Palm Canyon Drive is an existing two lane roadway thal chat is on the City's Master Plan of Roadways as a four lane arterial. Land uses adjacent to the roadway include residential and recreational development and vacant land that has been approved for residential uses in a specific plan concept. Response to Questions a) No Impact. The proposed project is a widening of an existing city roadway. It will not divide the community. b)' No Impact.The proposed project would not conflict with any land use plan of the City of Palm Springs c) No Impact. The proposed project will not interfere with any adopted Habitat Conservation Plan or other similar plans. May,2007 ` 33 FI INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT l _ I 1 :qi ^IF Fi' IM m�•' y� T'^�� • p �a '� V� �a X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ❑ 0 C7 1K resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ❑ ❑ 1 mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? Existing Conditions. Although the proposed project site is located on a desert bajoda and contains alluvial soils that could contain sand and gravel deposits, this area is not listed as o.known mineral resource of regional or state importance. It is also not designated on and land use plan as an important mineral resource area. Response to Questions a) No Impact. implementation of the proposed project would not result in loss of a known mineral resource that would be of value to the region or the residents of the state. b) No Impact. The implementation of the proposed project will not result in the loss of the availability of locally important mineral resources. May,2007 ytsa ^7 34 t.anex` INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT ,T,iC ,¢, ' �" lK'f_. a "^ ,� i� �": r'��'rs' •1P^P„'r�,F a] "�7I1 • �� .V.. t7- v 1�d: Px.• i sv�,i'' ��tr '' I `,e F °:� ;�, .i. - �4'. yt,/�j(��A �I 7 �.',Y ' XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ p El general plan or noise ordinance or of applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ® [] levels? c) A substantial permanent increase in ambient noise I levels in the project vicinity above levels existing ❑ O II without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ ED ❑ ❑ levels existing without the project? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or a ❑ ❑ public use airport would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ Elworking in the project area to excessive noise El levels? Existing Conditions The proposed project site is located within an area of low to moderate noise levels. The major source of noise in the area is from vehicles using South Palm Canyon Drive and adjacent roadways. Noise measurements conducted on the site recorded noise levels of 63-65 dB(A) at the road shoulder. This noise levels are generally consistent with measurements conducted for the Eagle Canyon Supplemental EIR- Response to Questions a) Less than Significant Impact with Mitigation Incorporated. Construction of the widened road will have the potential to increase noise levels above the levels allowed by the City of Palm Springs Noise ordinance. Construction activities will be limited Monday through Saturday from 7:00 AM to 7:00 PM. Noise levels will generalfy be short term in nature, Long-term noise from the roadway will increase as development increases in the area, but will be related to development not the widening of the roadway. b) Less Than Significant Impact. Construction of the widened roadway may result in short- term vibrations associated with bridge construction.and other aotivifies. Because the May,2007 m 35 oPo.aa i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT project does not include pile driving and this vibration will be short-term in nature, this impact is considered less than significant. c) Less than Significant Impact. The proposed project will not create significant long-term significant noise impact. The project will increase the roadway capacity, but the associated increased noise levels are not expected to reach significant levels. d) Less Than Significant Impact with Mitigation incorporated. As discussed under"a" above, the proposed project will have the potential to create short-term noise impacts during construction. Adherence to noise mitigation measures incorporated into project design will reduce these impacts to less than significant levels. e) No Impact.The proposed project is not located within an airport land use plan. f) No Impact.The proposed project is not located near o private landing strip. May,2007 36 INITIAL STUDY FOR SOUTH PALM CANYON DRIV Ii WIDENING PROJECT lye s , � ,I / ai 1� . �• [�i��r„ �S�i�e `�wt�j'nit fabq ,�^��. ' Z�uLeS..W�.i,� tt XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly(c.g., by proposing new homes and ❑ El ❑ businesses)or indirectly(e.g., through extension of 10 roads or other infrastructure)? i b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? �I c) Displace substantial numbers of people, necessitating the construction of replacement E] ❑ ❑ housing elsewhere? j Existing Conditions The proposed project area is located within an incorporated potion of the City of Palm Springs. This area is adjacent to some additional residential units. The planned urban development, known as Eagle Canyon, has been approved west of the roadway- Response to Questions a) Less Than Significant Impact. Although the proposed widened rood would be required for the Eagle Canyon project, it would likely be built as part of that project if it were not constructed independently. Therefore,the impact is considered less than significant. b) No Impact.The proposed project will not displace any housing c) No Impact. The proposed project will not displace people. i f i i May,2007 37 i INITIAL STUDY Fop SOUTH PALM CANYON DRIVE WIDENING PROJECT y� .r'• .,.y„l ,� 5 ik` .e�. �1��.5h3• tw yk R' ' Y' i1A �� I m y O1v S� ve XIII. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) fire protection? ❑ ❑ ❑ 1 b) Police protection? p p ® ❑ c) Schools? ❑ ❑ ❑ M d) Parks? ❑ ❑ 0 ® 1 e) Other public facilities? 0 ❑ [] f Existing Conditions Fire, police, parks and most other public services are provided by the City of Palm Springs. The Palm Springs Unified School District provides K-12 school services_ Response to Questions a) No Impact. Implementation of the proposed project is not expected to impact fire protection in the project area, Access to the area will be maintained during the construction period b) Less Than Significant Impact. Construction of fhe proposed project will create short term traffic related impacts including potential lane closures of the existing roadway. This may require some additional police services. This additional need for police services is not anticipated fo reach significant levels. c) No Impact. Because the project involves no housing and will not affect existing school facilities,no impact to schools is anticipated. d) No Impact. The proposed project will not impact any park facilities or require additional parks_ e) No Impact. The proposed project is not expected to impact other public facilities.. i i I I i May,2007 38 6� - l.t O Ft rl J i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT XIV. RECREATION, a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical ❑ ❑ ❑ 0 deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities, or require the construction or expansion of ❑ ❑ ❑ recreational facilities, which might have an adverse physical effect on the environment? Existing Conditiona The proposed project area.is adjacent to privote recreation areas including a golf course and tennis courts. Response to Questions a) No Impact. Because the proposed project is a road widening project, it will not increase the use of existing neighborhood or regional parks. b) No Impact. The proposed project is a road-widening project and will not include recreational facilities. Gt"�IR May,2007 3.9 INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT r -':ry F ' - 'n^' '�y gip• ri !t XV. TRANSPORTATIONITRAFFIC. Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i_e-, result in a substantial El El ❑ j increase in either the number of vehicle trips, the volume-to-capacity ratio on roads,or congestion at intersections)? b) Exceed, either individually or cumulatively,a level of service standard established by the county ❑ ❑ ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ® ❑ intersections) or incompatible uses (e.g., farm El equipment)? e) Result in inadequate emergency access? ❑ 0 0 0 f) Result in inadequate parking capacity? ❑ ❑ 0 ❑ g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus ❑ 17 ® ❑ turnouts,bicycle racks)? Existing Conditions I Current average daily traffic on South Palm Canyon Drive during the peak season ranges from 3,000 to 3,500 vehicles per day. Traffic is estimated to increase to 1300 to 14,000 vehicles per day in 2010 and 14,000 to 16,000 vehicles per day by 2020 (terra Nova Planning and Research 2006) Response to Questions a) Less Than Significant Impact. Widening of South Palm Canyon Drive will not in itself generate traffic in the area. Construction of the roadway will generate short-term construction related impacts from trucks and other vehicles. The project will accommodate additional traffic in line with the future traffic projections. b) No Impact. The proposed project will not generate any long-term traffic nor reduce the level of service. The widening of the roadway will increase its capacity. c) No Impact. The proposed project will not result in any changes in air traffic patterns of otherwise interfere with aircraft flights. d) Less Than Significant Impact with Mitigation Incorporated. Construction of the proposed project will result in potential short term hazards associated with consiruction of the 1 May�2007 j ao ��� .�W INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT widened roadway. There may be lone closures and construction equipment operating in the area. The incorporation of a traffic control plan into project design will reduce this impact to less than significant levels. e) Less Than Significant Impact with Mitigation Incorporated. Construction activities may have a potential to restrict emergency vehicle access to the area. The traffic, control plan will provide measures to assure that emergency access to the area is maintained. f) Less Than Significant Impact. Parking will not be allowed during the construction period. The widened roadway will allow parking in the long-term. g) Less Than Significant Impact. The construction phase of the proposed project will have a potential.to restrict bicycle use and pedestrian use of the area. The newly widened roadway will provide sidewalks and bike lanes. i i I I May,200T ar k4gau� I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT 4 : . . r. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ ❑ ❑ I@ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of 0 ❑ Elexisting facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ ❑ ❑ facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or ❑ ❑ ❑ ® i are new or expanded entitlements needed? d Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the ❑ ❑ ❑ El project's projected demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste . ❑ ❑ ® ❑ disposal needs? g) Comply with federal, state and local statutes and ❑ ❑ regulations related to solid waste? F3 El Existing Conditions Sanitary sewer is provided�by the City of Palm Springs. Water service is provided by the City of Palm Springs and the Desert Wafer Agency. Storm drains within streets ore the responsibility of the City and the major flood control channel is the responsibility of the County of Riverside Water Conservation and Flood Control District. Response to Questions a) No Impact. The proposed project will not generate wastewater since it is a road- widening project. b) No Impact The proposed project will not generate wastewater and therefore will not require expansion of treatment plants c) Less Than Significant Impact. Implementation of the proposed project may require slight modification of existing storm drains and channels. This Impact will not reach significant levels. d) No Impact.The proposed project will not require any water for operation. May,2007 az i INITIAL STUDY FOR SOUTH PALM CANYON DRIVC WIDENING PROJECT e) No Impact, The proposed project is a roadway widening project and will not generated wastewater. t) Less Than Significant Impact. The proposed project will generate minor amounts of solid waste during construction. This will not reach significant levels. g) Less Than Significant Impact. The solid waste generated by construction of the proposed project will be disposed of in accordance to local,state and federal regulations. I Wray,2007 0111 43 V� � 4L 11iL I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT WJ; ,F" fl .�yl i � .. �^ - �r r � ••t�� �-0� -elf^1l e � n 3 pi �k1C jm tin, J r �' i r i�i XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wild-life population to drop below self- sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑ animal community, reduce the number or restrict the range of rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory? i b) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the ❑ d ❑ effects of past projects, the effects of other current projects, and the effects of probable future projects. c) Does the project have environmental effects that will cause substantial adverse effects on human ❑ ❑ ® ❑ beings,either directly or indirectly? Response to Questions a) Less Than Significant Impact. The proposed project will have only minor and less than significant impacts to biological resources and cultural resources. b) Less Than Significant Impact. The proposed project involves the widening of an exisling roadway and is not anticipated to result in cumulatively considerable impacts- c) Less Than Significant Impact. No subslantial adverse impacts on human beings have been identified. 1 I i May,zoo? " 44 4rm""� INITIAL STUDY FOR SOUTH PALM CANYON DROVE WIDENING PROJECT REFERENCES Geocon Consultants, Inc. 2006. Hazardous Materials Technical Study, South Palm Canyon Drive Widening Project_June 29. Dudeck and Associates 2002- Biological Survey for the Eagle Canyon Project. Michael Brondeman and Associates 2D02. . Biological Resource Analysis for the Canyon Park Specific Plan, Terra Nova Planning and Research, 2006. Addendum to the Environmental Impact Report for the Canyon Part.Specific Plan. Prepared for the City of Palm Springs. i I II I i i I I ..� May,2007 0 45 INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT Appendix A Biological Survey May,2007 ' 46 * ° i INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT I i i May,2007 £ 47 INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT RESULTS Or BIOLOGICAL RECONNAISSANCE SOUTH PALM CANYON DRIVE WIDENING PROJECT INTRODUCTION ' I This document provides the results of a biological reconnaissance conducted within and adjacent to the Area of Potential Affect for the proposed widening of the South Palm Canyon Drive, City of Palm Springs, i CA.The proposed project site is located in the City of Palm Springs adjacent to the western boundary of South palm Canyon Drive and extends approximately 1060 linear feet in a north to south direction from approximately 570 feet south of Murray Canyon Drive to approximately 100 feel south of Bogert Trail- METHODS j I i A pedestrian survey was conducted by John Westermeier and Chris Enyedy of Kleinfelder to determine the biological resources within a narrow strip of land north of the existing South Palm Canyon Drive.This survey was conducted to supplement the results of previous studies conducted in the area. This survey was conducted in September of 2006 and again in November of 2006. RESULTS AND CONCLUSIONS The proposed project site is located within the Arenas Canyon alluvial fan. Several biological reports have been prepared in the project area including Michael Brandeman &Associates (2002 and Dudeck& Associates( 2002). The area proposed for the roadway-widening project was also surveyed in September 2006. The area proposed for the roadway widening has been substantially disturbed due to its proximity to the existing South Palm Canyon Drive. This area includes vestiges of the Creosote Bush Scrub plant Community.Wildlife in the area consists of species normally adapted to Creosote Bush Scrub habitat- The proposed project area is within the range of the federally threatened desert tortoise. A survey of the area for tortoise sign, including scat, live or dead tortoises, and potential burrows did not indicate they were present. Previous biological studies on or near the project site also did not identify any tortoise sign. The proposed project site is within the range, but not within the Critical habitat for the Peninsular Bighorn Sheep. Studies conducted for the adjacent Eagle Canyon project Indicate that the sheep occur at a May,2007 - +- 48 a0GCIS ry 'G.iw�xSf I INITIAL STUDY FOR SOUTH PALM CANYON DRIVE WIDENING PROJECT higher altitude than the proposed project area. Therefore, it is quite unlikely that they would range in the vicinity of South Palm Canyon Drive. I Cherly Creek is located in the northern portion of the project area_ It is likely under the jurisdiction of the California Department of Fish and Game and may also be considered Other Waters of the United States by the Corps of Engineers.The channel is essentially devoid of vegetation and would not be considered a wetland. Tiger Creek is also a minor drainage that flows to South Palm Canyon Drive. A Jurisdictional delineation of streams in the Area of Potential Environmental Effect was conducted under separate cover. j it RCrERENCES i I Dudack and Associates 2002. Biological Survey for the Eagle Canyon Project. Michael Brandeman and Associates 2002. Biological Resource Analysis for the Canyon Park Specific Plan. Terra Nava Planning and Research, 2006. Addendum to the Environmental Impact Report for the Canyon Park Speck Plan_ Prepared for the City of Palm Springs. I j 1 iM May,2001 49 I S i INITIAL STUDY FOR SOUTH PALM CANYON DRIW WIDENING PROJECT i I I f i f 1 j May,2007 ATTACHMENT RESPONSE TO COMMENTS DOCUMENT (INCLUDES COMMENT LETTERS) 0d©9T 'L RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 PURPOSE OF DOCUMENT This document summarizes the review of the Notice to Adopt a Mitigated Negative Declaration and the supporting Initial Study for the South Palm Canyon Drive Widening, City Project No. 05-03. The project site is located in the city of Palm Springs within existing right-of-way for South Palm Canyon Drive, and extends approximately 1,900 linear feet in a north to south direction from approximately 500 feet south of Murray Canyon Drive to approximately 900 feet south of Bogert Trail This document is organized in three parts: • Summary of the review process • Record of written comments from the public and agencies on the Notice to Adopt a Mitigated Negative Declaration • Responses to comments received on the Notice to Adopt a Mitigated Negative Declaration This document combined with the Notice of Intent to Adopt a Mitigated Negative Declaration, Initial Study, Project Findings and Mitigation Monitoring and Reporting Plan constitute the compliance with the California Environmental Quality Act for the proposed project. SUMMARY OF REVIEW PROCESS The Notice of Intent to Adopt a Mitigated Declaration and supporting Initial Study was distributed on May 29, 2007, with a review period to July 2, 2007. This document was distributed to local property owners, local agencies, environmental groups and other interested persons. The document was also submitted to the State Clearinghouse for distribution to state agencies (State Clearinghouse Number 20070511460). RECORD OF WRITTEN COMMENTS RECEIVED FROM THE PUBLIC AND AGENCIES ON THE NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION The following written comments were received on the Notice to Adopt a Mitigated Negative Declaration. These are provided in Attachment 1 of this document. 1. Letter from the Native American Heritage Commission dated June 18, 2007, and signed by Dave Singleton, Program Analyst 2. Letter from the Colorado River Board of California dated June 1, 2007, and signed by Gerald R. Zimmerman, Executive Officer 3. Email and Fax from Joan Taylor, Conservation Chairman, Tahquitz Group — Sierra Club dated June 27, 2007 Response to Comments August 2007 1 dL,Lo,ro. RESPONSE TO COMMENTS--NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 4. Letter from SunLine Transit Agency dated June 26, 2007, and signed by Alfonso Hernandez, Assistant Planner 5. Letter from the California Department of Fish and Game dated June 14, 2007, and signed by Kimberly Nicol, Senior Environmental Scientist 6. Letter from the Department of Toxic Substances Control dated July 3, 2007, and signed by Greg Holmes, Unit Chief. 7. Letter from the Riverside County Flood Control and Water Conservation District dated June 26, 2007, and signed by Teresa Tung, Senior Civil Engineer. 8. Letter from the United States Department of the Interior, Fish and Wildlife Service dated July 3, 2007, signed by Therese O'Rourke, Assistant Field Supervisor. 9. Letter from the Agua Caliente Band of Cahuilla Indians dated June 29, 2007, and signed by Margaret Park AICP, Director of Planning. 10. Letter from the Governor's Office of Planning and Research, State Clearinghouse and Planning Unit dated June 28, 2007, and signed by Terry Roberts, Director. RESPONSE TO COMMENTS ON THE NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION Letter from the Native American Heritage Commission dated June 18, 2007, and signed by Dave Singleton, Program Analyst. Comment#1: The California Environmental Quality Act (CEQA) requires that any project that causes a substantial adverse change in the significance of a historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per CEQA guidelines §15064.5(b)(c). In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE)', and if so, to mitigate that effect. To adequately assess the project-related impacts on historical resources, the Commission recommends the following action: 1. Contact the appropriate California Historic Resources Information Center (CHRIS)... 2. If an archaeological inventory survey is required, the final stage is the preparation of a profession report detailing the findings and recommendations of the records search and field survey... 3. Contact the Native American Heritage Commission (NAHC) for: Response to Comments August 2007 ec 2 —^ . �/noPMw 060072 RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 A Sacred Lands File (SLF) search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information... 4. Lack of surface evidence of archeological resources does not preclude their subsurface existence. . 5. Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans... 6. Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 of the CEQA Guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery. 7. Lead agencies should consider avoidance, as defined in §15370 of the CEQA Guidelines, when significant cultural resources are discovered during the course of project planning. Response#1: 1. A records check for historic and prehistoric resources was conducted by the Eastern Information Center, 2. A professional report of the archaeological inventory survey was prepared by Applied Earthworks for the proposed project. 3. The Native American Heritage Commission was contacted regarding sacred lands. Native American consultation was conducted by Applied Earthworks, and is outlined in their professional report. 4. Mitigation measures for monitoring cultural resources are incorporated in the CEQA document. 5. Mitigation measures that address the discovery of Native American human remains within the APE during construction of the project are incorporated in the CEQA document. 6. Procedures outlined in the Health and Safety Code Section §7050.1, the Public Resource Code Section §15064 and Sec. §15064.5 of the CEQA guidelines will be followed in the event that accidental discovery of human remains are found. 7. No significant cultural resources were found during the archaeological inventory survey performed by Applied Earthworks for the proposed project. Response to Comments August2007 +o 3 /hokN`� RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 Letter from the Colorado River Board of California dated June 1, 2007, and signed by Gerald R. Zimmerman, Executive Officer Comment#2: The Colorado River Board of California (CRB) has received a copy of Notice of Intent to Adopt a Mitigated Negative Declaration for South Palm Canyon Drive Widening Project (City Project 05-03) City of Palm Springs, County of San Bernardino, California. At this juncture the CRB has determined that it has no comments regarding the proposed project. If you have any questions, please contact [Mr. Gerald R. Zimmerman] at (818) 500-1625, Response #2: The comment is noted; because the letter raises no issues on the adequacy of the document with respect to CEQA, no response is required. Email and Fax from Joan Taylor, Conservation Chairman, Tahquitz Group - Sierra Club dated June 27, 2007 Comment#3: We believe that the City has failed to identify and mitigate significant impacts of the Sought Palm Canyon Drive Widening Project (project) adequately to satisfy the requirements of the California Environmental Quality Act (CEQA). Specifically, the project's potential substantial impacts causing direct harm and reducing the range of the rare species Casey's June Beetle (CJB) have not be addressed. This species is a local native endemic with an extremely limited range in the south end of Palm Springs, as documented by Cornett, Havore, Powell and others... ...the project area along South Palm Canyon Drive has been surveyed by Cam Burrows and other biologists on one or more occasions since then and found to have presence of CJB during the activity season (Cam Barrows, Coachella Valley Multiple Species HCP files and personal communication Joan Taylor). So a fair argument can be made of a potential significant impact to this species. This significant impact, if unmitigated, requires preparation of an EIR. Therefore the City's Mitigated Negative Declaration/Initial Study is inadequate. Since the City has issued the MND/IS after the late spring activity season for the CJB, surveys for the beetle would delay the project for nearly a year, However, in the case of the Desert Water agency Southwest Pipeline and Well project, the Monte Sereno project, and the Smoke Tree Commons and other Smoke Tree projects, funding for the acquisition of land or placement of conservation easements on viable CBJ habitat at the ratio of 3 acres of preservation per 1 acre of habitat disturbed has satisfied the requirements of CEQA. We suggest the City explore this avenue, or alternatively prepare an EIR to address this issue. Response to Comments OFewM s'O August 2007 4 RESPONSE TO COMMENTS— NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 Response #3: The Casey's June Beetle (Dinacoma caseyi) is a beetle of the scarab family. The species is known to occur in the Palm Springs area and appears to be associated with a particular soil type, the Carsitas series soil (CdC). The species is not protected under the California Endangered Species Act (CESA), as CESA does not afford protection to insect species. The species is not considered a covered species under the draft Coachella Valley Multi Species Habitat Conservation Plan, and was not addressed in the Agua Caliente Band of Cahuilla Indians Tribal Habitat Conservation Plan. On July 5, 2007; the United States Department of the Interior, Fish and Wildlife Service, (Service) published in the Federal Register (Volume 72, Number 128) a 12-Month Finding on a petition to list the species as endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act) According to the Finding, the Service found that listing of the species as endangered was warranted; however, listing of the species at the present time has been precluded by the Service due to higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. As a result, the species was added to the Service's candidate species list. In accordance with the Finding, the Service will develop proposed rules to list the species and designate Critical Habitat as their priorities allow. The Initial Study and draft Mitigated Negative Declaration (IS/MND) for the South Palm Canyon Drive Widening project was prepared before the Service's publication of the Finding on this species, and therefore, prior to the Finding the species was not considered a candidate species. Pursuant to CEQA, the IS/MND need not evaluate impacts to the species as it had no special or otherwise protected status. The City acknowledges the Service's Finding with regard to the species, and its designation as a candidate species. However, pursuant to the Service's analysis of the species' habitat, range and extant distribution, the City has determined that the project site is unsuitable for the species and not within the "qualitative, habitat-based" useful range description given by Hovore (2003, p. 7) and accepted by the Service in its Finding as the species' current distribution. For this and other reasons detailed herein, the project's potential impact to the species is considered less than significant. The historic range of the species cannot be determined with certainty because collection records did not provide site specific locations. In the Service's Finding, the range of the species was estimated to encompass approximately 576 acres. The extant habitat includes Carsitas series soils (CdC) in Palm Canyon south of Murray Canyon Drive, Smoke Tree Ranch and the Palm Canyon Wash. The project site is located within existing public right-of-way in a 44 feet wide strip of land immediately adjacent to existing street improvements on South Palm Canyon Drive (consisting of 30 feet of asphalt concrete pavement, concrete curbs, gutters, and Response to Comments August 2007 RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 sidewalk). Frank Hovore trapped Casey's June beetle near the intersection of South Palm Canyon Drive and Bogert Trail, which is within the project site, indicating that the species may have previously had habitat within or near the project area. Although the area contains Carsitas series soil (CdC), the project site is unlikely to support suitable habitat for the species due to extensive disturbance of the project site. The project site is constrained by an older paved roadway (the historic alignment of South Palm Canyon Drive) shown on 1957 and subsequent United States Geological Survey (USGS) quadrangle maps (see Attachment 2), the project site contains soils predominantly disturbed and compacted due to construction of three pipelines in the area (two Desert Water Agency water distribution lines and one City of Palm Springs sewer main). The project site is substantially disturbed due to off-road vehicles, vehicle parking within the area, and illegal dumping of construction debris and refuse (see photographs in Attachment 2). Of importance, we note that Project site photograph #7 shows the condition of the project site area at the intersection of South Palm Canyon Drive and Bogert Trail. As evidenced in the photo, existing asphalt concrete pavement associated with the older paved roadway shown on 1957 and subsequent USGS maps, and multiple tire tracks within the compacted soil indicate substantial disturbance of the existing soil, rendering it unsuitable habitat for the species in accordance with the Finding. Although previous surveys have documented the species throughout the general south Palm Springs area, the project site has been heavily disturbed over time, and more recently due to construction activity occurring within the south Palm Springs area. We note the following statement in the Service's Finding: Although visual surveys have detected a concentration of emergence burrows in the vicinity of a number of species of woody shrub in Palm Canyon Wash, this may be due to low soil disturbance by vehicles, foot traffic, and horses near woody vegetation. Based on current visual surveys of the project site area, including proximity to an improved roadway (South Palm Canyon Drive), evidence of soil disturbance due to traffic and parked cars, and illegal dumping of construction debris and other refuse, we find that the project site is not suitable habitat as identified in prior studies and the Service's Finding. The project site contains soil that has been disturbed by vehicles and foot traffic, contributing to degradation of the project site as habitat suitable for the species. We further note the following statements from the Service's Finding: Most locality information on Casey's June beetle specimens in collections specifies "Palm Springs," or simply Riverside County...Nineteen of 21 specimens in the Los Angeles County Natural History Museum (LACNHM; 1940 to 1989) were labeled as being from the city of Palm Springs. Other early collection records identify "Palm Desert", "Indian Wells", and "Palm Canyon"...Seven specimens in the LACNHM were labeled as having been collected near the intersection of Bogert Trail and South Palm Canyon Drive...Cornett (2004, p.8) Response to Comments o oa«s9 August 2007 6 G�. RESPONSE TO COMMENTS-NOTICE TO ADOPT A MITIGATED NEGATIVE, DECLARATION SOUTH PALM CANYON DRIVE WIDENING-CITY PROJECT No. 05-03 sampled more than 60 locations in Palm Springs to determine the current range of Casey's June beetle...Based on the survey results, Cornett (2004, p. 13), in agreement with Hovore (2003, p. 7), concluded that Casey's June beetle is currently restricted to southern Palm Springs in the vicinity of Palm Canyon and Palm Canyon Wash...Because Cornett's (2004, p. 11) 800-ac (324-ha) range estimate included such large, peripheral, non-habitat features as the entire golf course between East Murray Canyon Drive and Bogert Trail, a more useful "range" description is the qualitative, habitat-based description given by Hovore (2003, p. 7): "...from the lot at Bogert Trail and South Palm Canyon Drive east into, and across, Palm Canyon wash, and then downstream [northeast] within the wash and on the upland terrace deposits (CdC soils) through [Smoke Tree] Ranch to Highway 111, and then just within the wash through Seven Lakes Country Club to at least Gene Autry [Trail]...". For the remainder of this finding, our discussion of the species' current distribution will not consider a greater "range," and will be limited to the amount of remaining undeveloped habitat (occupancy distribution) that does not include residential areas where soils have been graded, developed, or landscaped. Such areas are not currently habitable by the species. (Emphasis added). The history of surveys of Casey's June beetle, as evidenced in the record provided in the Service's Finding, indicate that locations were general, and where specific locations (i.e. South Palm Canyon Drive at Bogert Trail) were identified, the current soil condition at those locations has rendered the habitat unsuitable for the species. The Service's agreed "useful 'range' description" taken from the qualitative, habitat-based description given by Hovore, begins "...from the lot at Bogert Trail and South Palm Canyon Drive east...". Therefore, although the project site is located immediately adjacent to the qualitative habitat-based description, it is located beyond that description. In accordance with the Service's Finding, as emphasized in their statement above, the project site is not currently habitable by the species on the basis of its location, and the fact that the project site is located between two existing paved roadways and is comprised of substantially disturbed soils. Undeveloped land is located immediately to the west of the project site. This undeveloped land is the location of the "Alturas" or "Eagle Canyon" residential subdivision (Case No. 5.1070, Planned Development District [PDD] 317, and Tentative Tract Map 30047) which was approved by the City of Palm Springs on July 6, 2006- The project allows development of 230 residential units and associated improvements on approximately 117 acres. Pursuant to CEQA, the City prepared an Addendum to the Canyon South Specific Plan Environmental Impact Report (EIR) (State Clearinghouse Number 9102026) to address changes to the Specific Plan proposed by the project. The Canyon South Specific Plan EIR was originally adopted by the City in 1991, and subsequently amended in 2003, and most recently in 2006 in conjunction with the Eagle Canyon project. A review of the Eagle Canyon project record found no comments submitted to the City with regard to Casey's June beetle, including claims that the Eagle Canyon project would cause "...potential substantial impacts causing direct harm and reducing the range of the rare species..." as has now been claimed by Ms. Taylor on Response to Comments August 2007 000077 RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING--CITY PROJECT NO. 05-03 behalf of the Sierra Club with regard to the South Palm Canyon Drive Widening, City Project No. 05-03. We note that the Sierra Club is named in the Service's Finding as one of two parties submitting a petition on May 12, 2004, to the Service requesting emergency listing of the species as endangered; and further, that the facts contained in the petition submitted on behalf of the Sierra Club to the Service in 2004 remained the same as conditions existing in 2006 at the time the CEQA document for the Eagle Canyon project was circulated for public review. The South Palm Canyon Drive Widening, City Project No. 05-03, encompasses roadway widening improvements currently included within the scope of the Eagle Canyon project, previously approved by the City and evaluated pursuant to CEQA. Given the Eagle Canyon project record, and no comments submitted with regard to loss of Casey's June beetle habitat due to the 117 acre residential project, of which the South Palm Canyon Drive Widening project is a part, we find that no mitigation has been previously required with regard to the species for this project — a component of the Eagle Canyon project, which was deemed environmentally acceptable by local agencies, environmental groups and other interested persons who recently had opportunity to review and comment on the adequacy of the environmental analysis of the Eagle Canyon project CEQA document in 2006. Based on the foregoing, implementation of the proposed project would result in a less than significant impact to Casey's June beetle. Therefore, an Environmental Impact Report or mitigation measures are not required because the proposed project will not have a substantial adverse affect on Casey's June beetle. Response to Letter from SunLine Transit Agency dated June 26, 2007, and signed by Alfonso Hernandez, Assistant Planner Comment#4: SunLine Transit Agency (SunLine) staff has review the project and offers the following comments. Ensure that sidewalks are incorporated and constructed throughout the project area to assure future residents of the proposed development can easily access services provide within the project area. Based on further review, SunLine is not requesting inclusion of transit amenities, i.e., bus turnout and bus shelter as part of the proposed development. Currently SunLine does not offer transit service to the proposed project site" Response #4: The comment is noted; because the letter raises no issues on the adequacy of the document with respect to CEQA, no response is required. Response to Comments o aa,Ms. August 2007 8 RESPONSE TO COMMENTS—NOTICE.TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE,WIDENING—CITY PROJECT NO, 05-03 Letter from the California Department of Fish and Game dated June 14, 2007, and signed by Kimberly Nicol, Senior Environmental Scientist Comment#5: 1. The Department opposes the elimination of water courses and/or their channelization or conversion to subsurface drains. All wetlands and watercourses, whether intermittent or perennial, must be retained and provided with substantial setbacks which preserve the riparian and aquatic values and maintain their value to on-site and off-site wildlife populations. The Department has direct authority under Fish and Game code §1600 et seq. in regard to any proposed activity which would divert, obstruct, or affect the natural flow or change the bed, channel, or bank of any river stream or lake. 2. A discussion of potential adverse impacts from any increased runoff, sedimentation, soil erosion, and/or pollutants on streams and watercourses on or near the project site, with mitigation measures proposed to alleviate such impacts must be included. 3. The writ of mandate [issued by the Superior Court of California, Mendocino Environmental Center vs. California Department of Fish and Game, Respondents, Bruce Choder, River Rat Salvage, et. al. Real Parties] clearly spells out what the Department's responsibilities are under CEQA with respect to all [Stream Alteration Agreements] SAA's. In this regard, the Department is emphasizing in comment letters on projects that impacts [sic] lakes or streambeds, alternatives and mitigation measures must be addressed in CEQA-certified documents prior to submittal of an application of a SAA. Any information which is supplied to the Department after the CEQA process is complete will not have been subject to the public review requirements of CEQA. In this instance, the Department has three choices: 1) refuse to issue the SAA; 2) not file the Notification because CEQA has not been complied with and return the package to the lead agency for further CEQA action; or 3) become the lead agency. 4. In order for the Department to process a SAA agreement, the CEQA-certified documents must include an analysis of the impacts of the proposed project on the lake or streambed, and analysis of the biological studies conducted on the site, biological survey methodology, and a discussion of any alternative measures, avoidance measures, mitigation measures which will reduce the impacts of the proposed development to a level of insignificance. Response #5: 1. The City of Palm Springs is the Lead Agency for this CEQA document and will initially consider and ultimately certify the document. The certified CEQA document will accompany the City's application for a Streambed Alteration Agreement. The streambed associated with the widening of the bridge is associated with a portion of Response to Comments August 2007 9 94,oaNw• RESPONSE TO COMMENTS- NOTICE TO ADOPT A MITIGATED NEGATIVE, DECLARATION SOUTH PALM CANYON DRIVE WIDENING-CITY PROJECT No. 05 03 Cherly Creek that has been previously disturbed, partially channelized and improved with riprap erosion protection. 2. The CEQA document addresses the impacts associated with the proposed project during construction and operation of the proposed project, and appropriate mitigation measures have been incorporated within the CEQA document and as part of the project design. 3. The comment is noted regarding the role of the California Department of Fish and Game and issuance of Streambed Alteration Agreements. The environmental analysis of impacts to Cherly Creek concluded that the proposed improvements and temporary impacts to Cherly Creek are less than significant; therefore, an analysis of alternatives of proposed projects and their impact to Cherly Creek was not necessary. The portion of Cherly Creek within the project site is a desert wash with little vegetation. The natural desert wash was previously disturbed by flood control channelization (construction of the adjacent Riverside County Flood Control and Water Conservation District [RCFC] levee), and construction of various spublic utilities, and placement of riprap within the channel streambed. Given the improvements existing within the impacted portion of Cherly Creek, the proposed improvements to the small portion of Cherly Creek located immediately upstream and downstream of South Palm Canyon Drive is less than significant. 4. The potential impacts to Cherly Creek are considered less than significant due to disturbance of the streambed from previous construction as identified in the preceding paragraph. Further, this project is a covered project under the Agua Caliente Band of Cahuilla Indians (ACBCI) Tribal Habitat Conservation Plan (THCP). The project is located within the ACBCI Reservation, and therefore, is subject to the THCP. The THCP has identified potential impacts to 16 sensitive wildlife species and 2 sensitive plant species as a result of development within the ACBCI Reservation (10 species covered by the THCP are listed as threatened or endangered). In addition, a biology survey for this project was conducted in September 2006, and found no signs of desert tortoise or Peninsular Bighorn Sheep, two listed species having potential to exist in within the project area. The biology survey was included in the draft environmental document as Attachment A. A Storm Water Pollution Control Plan will also be prepared as part of the construction documents to address short term erosion and sedimentation impacts during construction. Letter from the Department of Toxic Substances Control dated July 3, 2007, and signed by Greg Holmes, Unit Chief. Comment#6: DTSC provides comments as follows. 1. The ND should identify the current or historic uses at the project site that may have resulted in a release of hazardous wastes/substances. Response to Comments August 2007 . c 10 u m '. RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 2. The ND should identify the known or potentially contaminated sites within the proposed Project area. For all identified sites, the ND should evaluate whether conditions at the site may pose a threat to human health or the environment- 3- The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. 4. All environmental investigations, sampling and/or remediation for the site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance clean up. The findings of any investigations, including any Phase I or II Environmental Site Assessment Investigations should be summarized in the document. All sampling results in which hazardous substances were found should be clearly summarized in a table. 5. Proper investigation, sampling and remedial actions overseen by the respective regulatory agencies, if necessary, should be conducted at the site prior to the new development or any construction. All closure, certification or remediation approval reports by these agencies should be included in the ND. 6. If any property adjacent to the project site is contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, the proposed development may fall within the "Border Zone of a Contaminated Property." Appropriate precautions should be taken prior to construction if the proposed project is within a Border Zone Property. 7. If buildings or other structures, asphalt or concrete-paved surface areas are being planned to be demolished, an investigation should be conducted for the presence of other related hazardous chemicals, lead-based paints or products, mercury, and asbestos containing materials (ACMs). If other hazardous chemicals, lead-based paints or products, mercury or ACMs are identified, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. 8. The project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed and not simply placed in another location onsite. Land Disposal restrictions (LDRs) may be applicable to such soils. Also, if the project proposes to import soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. 9. Human health and the environment of sensitive receptors should be protected during the construction or demolition activities. If it is found necessary, a study of the site and a health risk assessment overseen and approved by the appropriate governmental agency and a qualified health risk assessor should be conducted to Response to Comments August 2007 c eo 11 RESPONSE TO COMMENTS-NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING-CITY PROJECT No. 05 03 determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 10. If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations (California Code of Regulations, Title 22, Division 4.5) 11. If it is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b) treated onsite, or (c) disposed of onsite, then a permit from the DTSC may be required. If so, the facility should contact DTSC at (714) 484-5423 to initiate pre-application discussions and determine the permitting process applicable to the facility. 12. If it is determined that hazardous wastes will be generated, the facility should obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. 13. Certain hazardous waste treatment processes may require authorization from the local Certified Unified Program Agency (CUPA) Information about the requirement for authorization can be obtained by contacting your local CUPA. 14. If the project plans include discharging wastewater to a storm drain, you may be required to obtain a NPDES permit from the overseeing Regional Water Quality Control Board (RWQCB). 15, If during construction/demolition of the project, the soil and/or groundwater contamination is suspected, construction/demolition in the area would cease and appropriate health and safety procedures should be implemented. 16. If the site was used for agricultural or related activities, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste other related residue. Proper investigation, and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. Response#6: This letter raises concerns relative to whether the project site contains or generates toxic substances. As documented within the Initial Study, a Phase I site assessment was prepared to determine the extent of contamination of the project site. The Phase I site assessment did not identify any concerns relative to site contamination. The proposed project is a roadway widening project and will not be associated with the use, storage or processing of hazardous or toxic wastes except for fuel, oil, and other materials used during construction. Response to Comments August 2007 12 ;„°•'N RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING--CITY PROJECT NO. 05-03 1. A phase I site assessment, conducted by Geocon Consultants, Inc., was performed for the proposed project and identified historic uses of the project site. With the possible potential for deposition of low levels of aerially deposited lead (ADL) from the roadway, no current or historic uses at the project site were identified to have resulted in a release of hazardous wastes/substances. 2. With the exception for the potential for deposition of low levels of aerially deposited lead (ADL), no known or potentially contaminated sites were identified within the project site during the Phase I site assessment. 3. No additional investigation and/or remediation are required as no contaminated sites were identified within the project site, with the exception for the potential for deposition of low levels of aerially deposited lead (ADL). However, it is expected that the potential levels of ADL, are below any action level. 4. No known contaminated sites have been identified and therefore a work plan is not required. 5. The need for additional investigations has not been identified in the Phase I site assessment 6. No contamination in areas adjacent to the proposed site has been identified, with the exception for the potential for deposition of low levels of aerially deposited lead (ADL). However, it is expected that the potential levels of ADL are below any action level. 7. Any hazardous materials found or generated by the proposed project will be disposed of at approved facilities. 8. Any soil found to be contaminated during grading will be legally disposed of. 9. It is not anticipated that the proposed project will impact any sensitive receptors. 10. Any contaminated waste generated by the proposed project will be disposed of according to the California Hazardous Waste Control Regulations. 11. Any hazardous waste generated by the proposed project will be stored and disposed of according to California Hazardous Waste Control regulations 12. The proposed project will not generate hazardous wastes, therefore, an Identification Number from the United States Environmental Protection Agency is not required. 13. The comment is noted. 14. The proposed project is a covered project under the City's current NPDES Permit (Board Order No. 01-077) issued by the Colorado River Basin Regional Water Quality Control Board. Response to Comments August 2007 13 -0.yoaw" RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 15. The comment is noted. 16. The site has not been used for agricultural or related activities. Letter from the Riverside County Flood Control and Water Conservation District dated June 26, 2007, and signed by Teresa Tung, Senior Civil Engineer Comment#7: The Riverside County Flood Control and Water Conservation District has the following comments/concerns that should be addressed in the Initial Study (IS): 1. Construction projects that result in the disturbance of 1 or more acre of land (or less than 1 acre if part of an overall plan of common development) may require coverage under the State Water Resources Control Board's (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity (Construction Activity General Permit). 2. The City of Palm Springs is a co-permitee under the NPDES Municipal Stormwater Permit for the Whitewater River Watershed. Thus, the City should ensure that the proposed project complies with the Stormwater permit requirements. In that regard, the proposed development should include and necessary stormwater quality controls described in Supplement A "New Development Guidelines" and the Attachment to Supplement A "Selection and Design of Stormwater Quality Controls"...Since these issues could substantially affect development plans and casts, project proponents should be made aware of the stormwater permit requirements as early as possible during the project review process. The IS should address this issue and include any necessary mitigation measures. 3. The initial Study states that construction of the bridge expansion and alteration of the channel may require a Section 404 Authorization, a Section 401 Certification and a Section1602 Streambed alteration Agreement. Please be advised that all regulatory permits required for the proposed activity within District rights-of-way must address both construction and subsequent long term maintenance activity. Response #7: This letter raised issues relative to the permit requirements for the proposed project. 1. The proposed project will disturb more than one acre of land, but is a covered project under the City's current NPDES Permit (Board Order No. 01-077) issued by the Colorado River Basin Regional Water Quality Control Board, A Storm Water Pollution Prevention Plan has been prepared for the proposed project and a Notice of Intent, in accordance with the City's current NPDES Permit, will be prepared for the proposed project 2. The comment is noted. Response to Comments August 2007 ' �N 14 �i<i.oax RESPONSE TO COMMENTS—NOTICE,TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE,WIDENING—CITY PROJECT NO. 05-03 3. The regulatory permits under Section 404 and 401 of the Clean Water Act and Section 1602 of the Fish and Game Code will include authorization for both construction and maintenance of the channel Letter from the United States Department of the Interior, Fish and Wildlife Service dated July 3, 2007, signed by Therese O'Rourke, Assistant Field Supervisor. Comment#8: ...In our review of the IS/MND, we did not find any mention of the Casey's June beetle (Dinacoma caseyi). The Service has been petitioned to list the species under the Endangered Species Act of 1973 (as amended, Act). Our 90-day finding indicated that substantial information exists suggesting that listing of this species under the Act may be warranted. A 12-month finding in regards to this species is nearing completion and should be published in the Federal Register in the near future... Given the extremely limited range of the species, the proposed widening of South Palm Canyon Drive could have a substantial negative impact on the status of the species. This is contradictory to the City's finding that the project would have less than a significant impact on biological resources. As currently written the IS/NMD does not address impacts to the Casey's June beetle, and therefore is inadequate in its evaluation of impacts to biological resources. Additional mitigation to offset the impacts to the Casey's June beetle may be required to reach a finding of no significant impacts under the California Environmental Quality Act. Measures that could be considered for incorporation include acquisition of and preservation of occupied Casey's June beetle habitat in the project vicinity (at 3:1), minimization of the project footprint (disturbance on undeveloped parcels) on the west side of South Palm Canyon Drive, avoidance of night lighting within sight of remaining habitat on [sic] along South Palm Canyon Drive and minimization of hydrological changes with the project to maintain suitable soil moisture conditions in the remaining habitat on both sides of South Palm Canyon Drive. It is our understanding that the City has required mitigation for Casey's June beetle in past projects that have impacted its habitat. Response#8: The Casey's June Beetle (Dinacoma casey) is a beetle of the scarab family. The species is known to occur in the Palm Springs area and appears to be associated with a particular soil type, the Carsitas series soil (CdC). The species is not protected under the California Endangered Species Act (CESA), as CESA does not afford protection to insect species. The species is not considered a covered species under the draft Coachella Valley Multi Species Habitat Conservation Plan, and was not addressed in the Agua Caliente Band of Cahuilla Indians Tribal Habitat Conservation Plan. Response to Comments August 2007 15 Van �w RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 On July 5, 2007, the United States Department of the Interior, Fish and Wildlife Service, (Service) published in the Federal Register (Volume 72, Number 128) a 12-Month Finding on a petition to list the species as endangered with critical habitat under the Endangered Species Act of 1973, as amended (Act). According to the Finding, the Service found that listing of the species as endangered was warranted; however, listing of the species at the present time has been precluded by the Service due to higher priority actions to amend the Lists of Endangered and Threatened Wildlife and Plants. As a result, the species was added to the Service's candidate species list. In accordance with the Finding, the Service will develop proposed rules to list the species and designate Critical Habitat as their priorities allow. The Initial Study and draft Mitigated Negative Declaration (IS(MND) for the South Palm Canyon Drive Widening project was prepared before the Service's publication of the Finding on this species, and therefore, prior to the Finding the species was not considered a candidate species. Pursuant to CEQA, the IS/MND need not evaluate impacts to the species as it had no special or otherwise protected status. The City acknowledges the Service's Finding with regard to the species, and its designation as a candidate species. However, pursuant to the Service's analysis of the species' habitat, range and extant distribution, the City has determined that the project site is unsuitable for the species and not within the "qualitative, habitat-based" useful range description given by Hovore (2003, p. 7) and accepted by the Service in its Finding as the species' current distribution. For this and other reasons detailed herein, the project's potential impact to the species is considered less than significant. The historic range of the species cannot be determined with certainty because collection records did not provide site specific locations. In the Service's Finding, the range of the species was estimated to encompass approximately 576 acres. The extant habitat includes Carsitas series soils (CdC) in Palm Canyon south of Murray Canyon Drive, Smoke Tree Ranch and the Palm Canyon Wash. The project site is located within existing public right-of-way in a 44 feet wide strip of land immediately adjacent to existing street improvements on South Palm Canyon Drive (consisting of 30 feet of asphalt concrete pavement, concrete curbs, gutters, and sidewalk). Frank Hovore trapped Casey's June beetle near the intersection of South Palm Canyon Drive and Bogert Trail, which is within the project site, indicating that the species may have previously had habitat within or near the project area. Although the area contains Carsitas series soil (CdC), the project site is unlikely to support suitable habitat for the species due to extensive disturbance of the project site. The project site is constrained by an older paved roadway (the historic alignment of South Palm Canyon Drive) shown on 1957 and subsequent United States Geological Survey (USGS) quadrangle maps (see Attachment 2); the project site contains soils predominantly disturbed and compacted due to construction of three pipelines in the area (two Desert Water Agency water distribution lines and one City of Palm Springs sewer main). The project site is substantially disturbed due to off-road vehicles, vehicle parking within the area, and illegal dumping of construction debris and refuse (see photographs in Response to Comments August 2007 16 „oo�•° ocow RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING•-CITY PROJECT NO. 05-03 Attachment 2). Of importance, we note that Project site photograph #7 shows the condition of the project site area at the intersection of South Palm Canyon Drive and Bogert Trail. As evidenced in the photo, existing asphalt concrete pavement associated with the older paved roadway shown on 1957 and subsequent USGS maps, and multiple tire tracks within the compacted soil indicate substantial disturbance of the existing soil, rendering it unsuitable habitat for the species in accordance with the Finding. Although previous surveys have documented the species throughout the general South Palm Springs area, the project site has been heavily disturbed over time, and more recently due to construction activity occurring within the south Palm Springs area. We note the following statement in the Service's Finding: Although visual surreys have detected a concentration of emergence burrows in the vicinity of a number of species of woody shrub in Palm Canyon Wash, this may be due to low soil disturbance by vehicles, foot traffic, and horses near woody vegetation. Based on current visual surveys of the project site area, including proximity to an improved roadway (South Palm Canyon Drive), evidence of soil disturbance due to traffic and parked cars, and illegal dumping of construction debris and other refuse, we find that the project site is not suitable habitat as identified in prior studies and the Service's Finding. The project site contains soil that has been disturbed by vehicles and foot traffic, contributing to degradation of the project site as habitat suitable for the species. We further note the following statements from the Service's Finding: Most locality information on Casey's June beetle specimens in collections specifies "Palm Springs," or simply Riverside County...Nineteen of 21 specimens in the Los Angeles County Natural History Museum (LACNHM; 1940 to 1989) were labeled as being from the city of Palm Springs. Other early collection records identify "Palm Desert", "Indian Wells", and "Palm Canyon"...Seven specimens in the LACNHM were labeled as having been collected near the intersection of Bogert Trail and South Palm Canyon Drive...Cornett (2004, p.8) sampled more than 60 locations in Palm Springs to determine the current range of Casey's June beetle...Based on the survey results, Cornett (2004, p. 13), in agreement with Hovore (2003, p. 7), concluded that Casey's June beetle is currently restricted to southern Palm Springs in the vicinity of Palm Canyon and Palm Canyon Wash...Because Cornett's (2004, p. 11) 800-ac (324-ha) range estimate included such large, peripheral, non-habitat features as the entire golf course between East Murray Canyon Drive and Bogert Trail, a more useful "range" description is the qualitative, habitat-based description given by Hovore (2003, p. 7): "...from the lot at Bogert Trail and South Palm Canyon Drive east into, and across, Palm Canyon wash, and then downstream [northeast] within the wash and on the upland terrace deposits (CdC soils) through [Smoke Tree] Ranch to Highway 111, and then just within the wash through Seven Lakes Response to Comments August 2007 17 s,,;;oa,�•=N 000087 RESPONSE TO COMMENTS—NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 Country Club to at least Gene Autry [Trail]...... For the remainder of this finding, our discussion of the species' current distribution will not consider a greater "range," and will be limited to the amount of remaining undeveloped habitat (occupancy distribution) that does not include residential areas where soils have been graded, developed, or landscaped. Such areas are not currently habitable by the species. (Emphasis added). The history of surveys of Casey's June beetle, as evidenced in the record provided in the Service's Finding, indicate that locations were general, and where specific locations (i.e. South Palm Canyon Drive at Bogert Trail) were identified, the current soil condition at those locations has rendered the habitat unsuitable for the species. The Service's agreed "useful 'range' description" taken from the qualitative, habitat-based description given by Hovore, begins "...from the lot at Bogert Trail and South Palm Canyon Drive east.. ". Therefore, although the project site is located immediately adjacent to the qualitative habitat-based description, it is located beyond that description. In accordance with the Service's Finding, as emphasized in their statement above, the project site is not currently habitable by the species on the basis of its location, and the fact that the project site is located between two existing paved roadways and is comprised of substantially disturbed soils. Letter from the Agua Caliente Band of Cahuilla Indians dated 29 June 2007 and signed by Margaret Park AICP, Director of Planning. Comment#9: The proposed project is within the Reservation and is subject to all the requirements of the Tribal Habitat Conservation Plan (THCP) adopted by the Tribal Council In November, 2002. Staff has reviewed the project in accordance with the THCP and notes that the project is located within the Valley Floor Conservation Area (VFCA) and is partially within the Desert Tortoise modeled habitat. We recommend that the following mitigation measures be imposed on the project' 1. Prior to issuance of grading permits, that the applicant pay the Tribal Habitat Conservation Fee in effect at the time that grading permits are issued. The current fee is $2,371 per acre. Please note that the Tribe is in negotiations with the U.S. Fish and Wildlife Service (USFWS) to secure its approval of a revised THCP and issuance of a 10(a) Permit. One of the species being included in the revised THCP is the Casey's June beetle (CJB) which is being considered for listing as an endangered species by the USFWS. It is the Tribe's recommendation that you contact the Carlsbad office of the USFWS to determine what, if any, impacts this project might have on the CJB and what mitigation might be necessary. Response to Comments August2007 ' 18 N RESPONSE TO COMMENTS--NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING—CITY PROJECT NO. 05-03 Response #9: The City will pay the required Tribal Habitat Conservation Plan mitigation fee prior to initiation of construction activities. It should be noted that surveys were conducted for the desert tortoise within the APE and no tortoise burrows or other signs were found in the area. It is unlikely that the area would support desert tortoise due to the high level of disturbance within the project area. We acknowledge the Tribe's negotiations with USFWS with regard to Casey's June beetle. We note that the Ms. Park's letter was received prior to the Service's 12-Month Finding on a petition to list the species as endangered with critical habitat under the Endangered Species Act of 1973, published on July 5, 2007, in the Federal Register. The species is now considered a candidate species in accordance with Endangered Species Act. In response to comments submitted on behalf of the Sierra Club (see Response #3) and on behalf of the USFWS (see Response #8), the City has determined that this project will have a less than significant impact to Casey's June beetle, on the basis of the analysis of the Service's published 12-Month Finding on the species. Letter from the Governor's Office of Planning and Research, State Clearinghouse and Planning Unit dated June 28, 2007, and signed by Terry Roberts, Director Comment#10: Please note that Section 21104(c) of the California Public Resources Code states that: A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation. These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments, we recommend that you contact the commenting agency directly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Response#10: The comments are noted, because the letter raises no issues on the adequacy of the document with respect to CEQA, and confirms the City has complied with CEQA review requirements for draft environmental documents, no response is required. Response to Comments August 2007 19 4bF,pP RESPONSE TO COMMENTS-NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON DRIVE WIDENING-CITY PROJECT NO. 05-03 ATTACHMENT COMMENT LETTERS Response to Comments o o.wMs; July, 2007 , -0inon+`o- i PJ=OF CAI TEOHNIA v NATIVE AMERICAN HERITAGE COMMISSION 915 CAPITOL MAU_ROOM ss4 i SACRAMENTO,CA95014 i (91s)657-6251 Fa(916)657.5390 Web site mm aahcoaow e-mail:ds_nahc®pacbell.net RECEIVED j June 18,2007 t JUPo 2 22�3 Mr.Marcus L.Fuller,P.E,PLS,Assistant Director ,y _ City of Palm Springs Department of Pablfc Works 'm 'rotJc�r:anitc ( 3200 TahquAz Canyon Way Palm Springs,CA 92262 Re: aCH#200 057 1146:CEQA M04CO of Co lation7 Mitigated Ne(lative Declaration for No.05-03 South Palm Canyon I)llye Widening Prefect City of Palm Springs Qeparment of Public Works;Riverside Qompty.Califomia Dear Mr.Fuller. Thank you for the opportunity to comment on the above-referenced document The Native American Heritage Commission is the state's Trustee Agency for Native American Cultural Resources. The California Environmental Quality Act(CEQA)requires that any project that causes a substantial adverse change in the significance of an historical resource,that includes archaeological resources,is a'significant effect requiring the preparation of an Environmental Impact Report(EIR)per CEQA guidelines§15064.5(h)(e). In order to comply with this provision,the lead agency is required to assess whetherthe projectwill have an adverse impact on these resources within the'area of potential effect(APE)',and if so,to mitigate that effect To adequately assess the project-related impacts on historical resources,the Commission recommends the following action: +j Contact the appropriate California Historic Resources Information Center(CHRIS). Contact information for the Information Center nearest you is available from the State Office of Histoda Preservation(916/653-7278)/ hftp/ANm.ohp.parks.ca.00v/1o58/files/1C°/n2ORoster.Rdf The record search will determine: • If a part or the entire APE has been previously surveyed for cultural resources. • If any known cultural resources have already been recorded in or adjacent to the APE_ • If the probability is low,moderate,or high that cultural resources are located in the APE. If a survey is required to determine whether previously unrecorded cultural resources are present If an archaeological inventory survey is required,the final stage is the preparation of a professional report detailing the findings and recommendations of the records search and field survey. • The final report containing site forms,site significance,and mitigation measurers should be submitted immediately to the planning department. All information regarding site locations,Native American human remains.and asSgGated funerary objects should be in a separate confidential addendum,and not be made available for pubic disclosure. a The final written report should be submitted within 3 months after work has been completed to the appropriate regional archaeological Information Center. ,r Contact the Native American Heritage Commission(NAHC)for. A Sacred Lands File(SLF)search of the project area and information on tribal contacts in the project vicinity that may have additional cultural resource information_Please provide this office with the following citation format to assistwith the Sacred lands File search request: ljSGS 7.5-minute guadrarl9le of tion with name townshiP.range and secti m . • The NAIiC advises the use of Native American Monitors to ensure proper identification and care given cultural resources that may be discovered. The NAHO recommends that contact be made with Native American Contacts on the attached list to get their input on potential project impact(APE). 4 Look of surface evidence of archeological resources does not preclude their subsurface existence. • Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources,per California Environmental Quality Act(CEQA)§15064.5(f). In areas of identified archaeological sensitivity,a certified archaeologist and a culturally affiliated Native American,with knowledge in cultural resources,should monitor all ground-ddStarbing activities_ • Lead agencies should include in their mitigation plan provisions for the disposition of recovered artifacts,in consultation with culturally affiliated Native Americans, 4 Lead agencies should include provisions for discovery of Native American human remains or unmarked cemeteries in their mitigation plans ' CEQA Guidelines,Section 15064.5(d)requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE CEQA Guidelines provide for agreements with Native American,identified by the NAHC,to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens_ .• ®4D� �N � r'r Wealth and Safety Code§7050.5,Public Resources Code§5097.98 and Sec 915064.6(d)of the CEQA Guidelines mandate procedures to be followed in the event of an accidental discovery of any human remains in a location other than a dedoated cemetery. Lead agencies should consider avoidance,as defined in 615370 gfffie CFLIA Guidelines when significant cultural feaourges are discovered during the course of oroiect ulanoin . Please feel feeKoe at(996)653-6251 if you have any questions. II Sincerely, ave Singleton 1 Program Analyst Cc: State Cleadngh e Attachment Listof Native American Contacts Qd�b� 32 Native American Contacts Riverside County June 18, 2007 Cabazon Band of Mission Indians € Jahn A. James, Chairperson Samuel H. Dunlap 84-245 Indio Springs Parkway Cahuilla P.D. Box 1391 Gabrielino India , CA 92203-3499 Temecula , CA 92593 Cahuilla j (760) 342-2593 (909) 262-9351 (Cell) fuiseno + (760) 347-7880 Fax samdunlap@earthlink.net f i Cahuilla Band of Indians Santa Rosa Band of Mission Indians Anthony Madrigal,Jr., Interim-Chairperson John Marcus, Chairman P.O. Box 391760 Cahuilla P.Q. Box 609 Cahuilla Anza , CA 92539 Hemet , CA 92546 tribalcouncil@cahuilla.net srtribaloffice@aol.com (951)763-2631 (951) 658-6311 (951) 658-6733 Fax (951)763-2632 Fax Ramona Band of Mission Indians Augustine Band of Cahuilla Mission Indians Joseph Hamilton, vice chairman Mary Ann Green, Chairperson P.O. Box 391670 Cahuilla P.D. Box 846 Cahuilla Anza CA 92539 Coachella CA 92236 admin@ramonatribe.com (760) 369-7171 (951)763,4105 760-369-7161 (951) 763-4325 Fax Torres-Martinez Desert Cahuilla Indians Morongo Band of Mission Indians Raymond Torres, Chairperson Britt W. Wilson, Cultural Resources-Project Manager PO Box 1160 Cahuilla 49750 Seminole Drive Cahuilla Thermal CA 92274 Cabazon , CA 92230 Serrano riorress@torresmarNnez.com butt Wilson@rnorongo.org (760)397-0300 (95-1) 755-5206 (760)397-8146 Fax (951) 755-52001323-0822-cell (951) 922-8146 Fax This list Is current only as of the date of this document Distribution ar fhls list does not relieve any person of statutory responsibility as deftned In section 7050.5 of the Health and Safety Codo,Section 500794 of the Public Resources Code and Section 5097.9a of the Public Fiesounxs Code. Th4.Fist IS only applicable for contacting Focal Native American with regard Ili cultural resources for the proposed SCH#200MI146,CEUA Notice of completion;Mitigated Negative Declaration for Project No.05-03 South Palm Canyon Drive Widening Project;City of Palm springe f30paMwdof public Works;Riverside Cou ft California. Native American Contacts Riverside County i June 18, 2007 Torres-Martinez Desert Cahuilla Indians Cahuilla Band of Indians William J. Contreras, Cultural Resources Coordinator Maurice Chacon, Cultural Resources P.O. Box 1160 Cahuilla P.O. Box 391760 Cahuilla Thermal I CA 92274 Anza , CA 92539 760)397-0300 ebandodian@aol.com (760)275-2686-CELL (951)763-2631 (760)397-8146 Fax i (951) 763-2632 Fax d Torres-Martinez Desert Cahuilla Indians Alberto Ramierz, Environmental Coordinator P,O. Box 1160 Cahuilla Thermal I CA 92274 albertorQtorresmardnez.org i 760)397-0300 (760)397-8146 Fax Agua Caliente Band of Cahuilla Indians Richard Milanovich, Chairperson 650 Tahquitz Canyon Way Cahuilla Palm Springs , CA 92262 Ifreo oz@a uacaliente.net (760J 325-3g00 (760)325-0593 Fax Agua Caliente Band of Cahuilla Indians THPO Richard Begay, Tribal Historic Perservation Officer 650 Tahquitz Canyon Way Cahuilla Palm Springs . CA 92262 r sbe 8s3ai8ss liente.net (760)883-1940-Fax This list is current only as of the date of this document. D1strlbutlon of this listdors not relleve any Perron of statutory responsibility as defined in Section 70sm of the Health and Safely Code,Section SN7.494 of the Public Resources Cade and Section 509799 of the Public Resources Code- This list is only applicable for contacting local Native American with regard to cultural resources for the Proposed 8CHl2007051146;CEQA Notice of Completion;Mitigated Negative Declaration for Project No.05.03 South Palm Canyon Drive Widening Project;City of palm Springs Deparment of Public Work%Riverside County,Caliromia. STATE OF CALIFORNIA—THE RESOURCLS AGENCY Arnold Gch nr eROer,aommor COLORADO RIVER BOARD OF CALIFORNIA T,10 FAIRMONTAVENUE,SUITE 100 _ I GLENDALE.CA 91203-1068 m r• (818)500-1525 (818)543-4685 FAX 1 i RECEIVED S ClPOJ� Is June 1,2007 JUN 0 4 2007 ty 19-7 L> 7 r STATE CLEARING HOUSE e s State CIearinghouse 1400 Tenth Street P.O.Box 3044 Sacramento, CA 95812-3044 l I€ Regarding: SCII#2007 051 146: Notice of Intent to Adopt a Mitigated Negative Declaration fox South Palm Canyon Drive W idening Project,City ofPalm Springs,County of San Bernardino, California E i To Whom It May Concern: The Colorado River Board of California(CRB)has received a copy of Notice of Intent to Adopt a MitigaiedNegataiveDeclaration for South Pahn Canyon Drive Widening Project(City Project 05-03),City of Palm Springs, County of San Bernardino,California. j At thisjunrture,the CRB has determined that it has no comments regarding thoproposed project, Ifyou have any questions,please contact me at(818) 500-1625. Since rel y, Gerald R. Zi an Executive D• for Page 1 of 2 III F I Marcus Fuller From; Joan Taylor[palmcanyon@dc.rr_com] Sent: Wednesday,June 27.2007 9:15 AM t { To; Marcus.FullerQpalmsprings-ca.gov X If l Subject: Fwd: Comments on Nol for South Palm Canyon Drive Widening Project ,i FYI, the email address given in the notice is incorrect. r Begin forwarded message: �l From:Joan Taylor alp mcany�on dcrr.com> S Date:June 27,2007 8A218 AM PDT To:MaMu_F� uller(@.DalmsprinQg-g CUM I! Cc:Iberese CRourke,@,[ws,_gov,jonavery<jon avery-a fws. ouvr Subject:Comments on NDI for South Palm Canyon Drive widening Project Dear Mr, Fuller, These comments are submitted on behalf of the Tahquitz Group of the Sierra Club. We believe that the City has failed to identify and mitigate significant impacts of the South Palm Canyon Drive Widening Project(project) adequately to satisfy the requirements of the California Environmental Quality Act (CEQA). Specifically, the project's potential substantial impacts causing direct harm and reducing the range of the rare species Casey's June beetle (CJB) have not been addressed. This species is a local native endemic with an extremely limited range in the south end of Palm Springs, as documented by Cornett, Havore, Powell and others. We can supply studies to that effect if needed, but I believe the City is well aware of this rare species and its restricted range. j a The project area is one of the most well known locations for CJB. Sent separately by fax are u 1995 and 1997 letters from expert entomologist Frank Havore documenting the occurrence of i CJI3 onsite. Moreover the project area along South Palm Canyon Drive has been surveyed by Cam Barrows and other biologists on one or more occasions since then and found to have presence of CJB during the activity season (Cam Barrows, Coachella Valley Multiple Species HCP files and personal communication to Joan Taylor). So a fair argument can be made of a potential significant impact to this species. This significant impact, if unmitigated, requires the preparation of an FIR_ Therefore the City's Mitigated Negative Declaration/ Initial Study is inadequate. Since the City has issued the MND/IS after the late spring activity season for CJB, surveys for the beetle would delay the project for nearly a year. f However, in the case of the Desert Water Agency Southwest Pipeline and Well project, the B Monte Sereno project, and the Smoke Tree Commons and other Smoke Tree projects, funding for the acquisition of land or placement of conservation easements on viable CJB habitat at the ratio of 3 acres of preservation per 1 acre of habitat disturbed has satisfied the requirements of CEQA. We suggest the City explore this avenue, or alternatively prepare an EIR to address this issue. Please make this email and subsequent fax of the Havore letters part of the record on the matter, and notify me when this project is scheduled for action by Planning Commission or City Council. Thanks very much for your cooperation, Very truly yours, 6/27/2007 Mass k f Page 2 of 2 I � Joan Taylor, Conservation Chair , Tahquitz Group--Sierra Club 1850 Smoke Tree Lane PS, CA 92264 760 408 2488 i cc-. USFWS I 'e F ' f f l l f i iE 1 r, 0 E 6/27/2007 a" ' b From: Juan Taylor off frrl Saidti .airnC• subject; CnmmaiMa on NOI for South Pokn 1:arrywr Drive W Idamng Prokal E Date: Juno Z7,=7&42:18AMPDT ! To: Memus.irulierepalmoongs.ca.gov, . Cc Thefeee_pHOulkoc�lws.gov,fonavary ejan ovary®fws.govr Dear Mr,Pollan Those comments we sutmittad on behalf Of the Tahqutlz Group of the Sierra.Club- We bolla�that the City bee felled in Identify and mitigate significant In'1peCer of Iho South Palm Canyon Drlw Widening Project(pra)esU adegrurGMy to smlab the requirements of the Qd1lomia Environmental QdWiry Act(CEOA1, Specillcagy,the prOjecCs potentlol BWstendal snp7CfB rxueing direct Kann end reducing ihO conga of the rare spaClasCasay`a ` June heelle(CJ9j boos rxr peen addroeaed. Thle epaclas Y a local neflVe erdemk w+ih an Oxbemely Ilmiwd range in doe south end of Paint Spdrge, iL as documented by CometG Hawro,Powell and ethane. Wo can supply 9ludiea l0 that aftecl 11 needed,but 1 bolleva the City well swore of rids rsle f specius and its resblded range. The project area Is One of the most wall known lccatbns(or CJB Scot saperetoly by fax are 1995 and 199T letters hem wort entomologist Frank Havre documenting the OOcuffor"of CJB onsite. Moreover the project aree along SOLO Palm Canyon Drive has been arxveyed by Cma gamrws' and otharblologisls on one or more occasions sbtoa than and found to hava presence of 0.1E during the e0llvlty saaeon(Cam VarroWs,Coachella i Valloy Multiple 9pacias HCP files and personal commUnf allon to Joan Taylor).%a Zak argument can be made of a Peter"aignificnm impOCtm this '! spacial. This stgnificaril impact.if unrru%alad,requires the preparation of an OR. Therefore the Ciry'S Mitigated Negaih a Oeciaratian/tnigra Study la S inadequam. Sir"Ihe Cilyhesfssuedthu MND/ISaffer the late spring wMayssawn for 0J6,survaysforlhe baedownuld delay--Oupmjactlorwady, It ayear. However,In the Cage of the Desert WaterAgency SSDrahwast Plpellne and Well project,the Monte aerom project,and the Smoke Tree❑onanerla and afhor Slmoko True pmjw%funding toMm acquisWOn Of Loma or piacemant of ounsarvabon easements on 4ablo CJB habitat at the raga of 3 acres of ! prseerveaw per t sue of habhaf dlsturbed has sadafied the requlrennenfa of CEOA. We auggast the airy explore this avenue,or allemativsly prepare an EIR to address this Issue. Plectra rearm this email and eubaequent taxoltho Hawn!fetaors pert Of 140 record an the rmuer,and notify ma when this project Is scheduled for ! action by Planning CDmmisslon OrCby COunoil. Thant very much tar your ccoporafion, Varyuulyyours, Joan Taylor,Conservation Chair J��j rtr A .5(f1 rJ Tahqurz Group—Sierra Club V�' 1899 Smake AVM64 Lerre PS,CA 82264 .I 760 408 7460 - cc: USFZNS r Pa#vA e r y T' a TOr � i i r -� s I 1 w8S;V. 3 LGOU LZ HntC T 'd Jun 27 2007 9.49F1M T p-3 h i k 0405J 250-d311;far,"S-757y'e•nmiL fefiwc�on4 utidaerivnnn Sr>r+tk,.Nov= do A550dato li ! 14744Stnr6nc Iraatz 5,antaCWta,CA 91351-1542 G 16 May 1995 Is Report of Field Surveys:CoadwIla p'aft Multi-species HCP, 9 Invertebrates•P`alm springs Juno Bootle U7fnaeomn case}i) Introduction As of this date,FI3&A entomologists and field survey assistants have logged over 20 total nights of field survey work in die Coachella Valley, and have searched for the Palm Springs-une beetle(FSIB surveys )in 19 different localities. Although the sveys were etusmed g within the central range of activity dates for PUB, adults were encountered at only two C locations, and then in very low numbers. Weather conditions were very poor for h. surveying during most of the normal"active"period far adults of this species in 1995, and u the gmeml paucity of hard data gathertd may be attributed— at least in part to abnormally owl,windy and wet Spring conditions. It also should be noted that many of the sites surveyed do not appear to contain suitable ecological xesources for the species,and negative results would be expected in these sites,regardless of environmental.conditions. Methodologies - Entomologists use the term"light trapping"for a variety of techniques involving attraction of inswts'to light, regardless of whether or not any actual "traps" are employed. Tim p distinction between mtps and light-collecting is primarily determined by the design of the equipmeartr traps capture and detain or kill specimens, while light-collecting is selective, and involves nothing more than a light over a sheet, permitting arriving specimens to be viewed,evaluated,and either collected,recorded,or ignored as appropriate. . For the PSIR surveys, only non-confining light-collecting methods were employed. 7be presence of beetles at lights was noted, and specimens were taken only as necessary to k confirm identification or to set up live specimen observations. All lights were mate-or-less continuously checked for the presence of beetles during the evening flight period, at least every severrl minutes, dependiag upon the amount of time surveyors spent searching for exit holes and emerging females. Additionally, standing lights (= security lighting, sneet lights, etc.) new suspected habitat arras were also checked following cessation of active light collecting. Where weather conditions prevented the deployment of proper techniques, p a subjective evaluatam of potential habitat values (sus compared with the known population habitat)was recorded. Trapping commenced on 14 April and continued sporadically through 13 May, 1995. accumulating over 20 total nights at 10 different suspected or known localities. The only confirmed extant population,referred to herein as the Bogert Trail site, was monitored for signs of eme rgeace until late April, when the first beetles emerged. After this time, surveyors moved to other potential habitat arras. A final might of intensive storey work was conducted 13 May, after prime activity time, to assess the length of the flight period. At this time a single male and female were encountered, and these were collected alive to provide laboratory observations of behavior and longevity. 4 I UV11 iY3 �u Jun 27 2007 9:48AM ^.. T..` .... _. . ----- -- p.4 ,( 5 Survey work first concentrated upon known historic collection localities and areas which subjectively appear to possess similar resource values to the known sites, or in areas of strategic concern to CVAG(as indicated on neaps provided to FH&A). Most historic and C Potential localities examined either appear to have been altered to such a degree that they no longer support viable populations, or may not possess suitable ecological resources; 1 however,a number of caveats must accompany our assessments. Our surveys were consuaitied by two important factors: weather and site access. The weather in Spring, 1995,was consistently cooler,windier and wetter than is the long-term norm for the time period, and in general, conditions were rarely within the prolccted optimal window for PSIB flight activity. Beetles appear to fly mast readily on warm nights (temperature at dusk t Tr F), windy or not, following days in which the thermal maxima was between 90 and 100° F. Light; warm Spring rainfall appears to suppress activity only briefly, although heavy, cold rainfall may interrupt adult activity for several days,until nighttime temperances return to normal In years with extended seasons of "Winter weather," the beetles may concentrate flight 4 activity within shorter time spans,or,less-likely,extend the period of adult activity further toward Summer. Since this species does not appear to feed as an adult (none have ever been taken on foliage m induced to feed in captivity),its adult longevity is limited by stored 9 fatty reserves,and it probably has limired flexibility in terms of extended activity. 6 On some of our 1995 survey nights, a lack of results may be attributable to unsuitable environmental conditions,and although we attempted,to return to high-potential areas, the percentage of tights with inclement weather precluded re-surveying some sites. In all cases„ at least a preliminary assessu}ent of habitat potential was made, based upon similarities in substrate and shallow soils,location within alluvial systems,and vegetation, y' Survey Locality Summary y At present,then is only one confirmed,extant population of DhF=oma caseyi, located on level, silty alluvial sails surrounding the intersection of Bogert 'frail and South Palm Canyon Drive" 'There was A ossible sighting of a single male beetle flying at dusk in the upper portion of the Dead Indian Canyon alluvial plain, but no furthrx corroborating evidence of a population was found. The following lomlititx surveyed contain potentially-suitable habitat for the PS1B, but no beetles were found at any of them during our surveys. Ont subjective-evaluation of potential to support viable populations is given as low(= conditions unsuitable, doubtful :N that even m mtartt populations exist locally); moderate (= conditions marginal, at most would support remnant population, may require additional surveys); high (= conditions appear to be similar to those of existing population, geographically aligns well with other sites,might be expected to support species, and should be designated for focused surveys prior to any surface altering activity): + Bogert Trail and South Palm Canyon Drive-trap locations were spread throughout the € habitat areas at the SE corner of this intersection, along the west side of So. Palm Carryon Drive, and up the bajada to the west to a point k 114 mile from the roadway. Weather conditions varied on different nights from windy and cold to warns and breezy. Beetles flew at this site beginning at or slightly before l May and continuing through at least 13 May, 1995. • Magnesia Canyon - areas surveyed include W. Magnesia Canyon channel and E. Magnesia Canyon channel, end of Indian Trail Road. Soils arc loose and lack silt 2 I i t k Jun 27LL 2007 9:50flM ---T - - - r'• 5 � .� i P i 3 G substrate cover. Plant diversity is lower also, but potential hosts occur. Surveys conducted 4 May; weather conditions warm, breezy, should have been suitable. Moderate. • Junction of Highway 74 and 7-level Hill grade, immediately S of Santa Rosa Mrs. National Scenic Area Visitor Center. Soils much coarser than at Bogert site; plant diversity reduced. Surveyed 9 May,under optimal weather conditions. Low. • Catrizo Creek, S of dam, tear mouth of the canyon and in an area t 1)2 mile up canyon. Soils coarser, lack silty substrate, plant diversity lower. Weather conditions i suitable for flight;also surveyed with 0 beetles found in April, 1988 (R.Dut). Low. • Dead Indian Canyon,±3/4 mile above darn. Most of area destroyed by flood control work. One male possibly sighted flying in natural area in Upper portion of site,9 May, but no surveys were conducted. 'this may be the area in which spechncm were collected by CSU Long Beach students within the past 20 years (material labeled only { as Dead Indian Canyon). Remnant areas of potential habitat present, but surveys not !1 conducted due to lack of access. Moderate to high. • Rubble Canyon(cast of Sheep Canyon, Deep Canyon Reserve area). habitat appears 3 similar to that of Dead Indian Canyon area, with some silty soils similar to those at Bogert Tzaii site. Surveyed on 5 and 6 May, but weather conditions poor to fair, E windy and cool. Area has potential,and may require additional surreys. Moderate. • Canyon and wash areas south of Lake Cahuilla, below the Quarry development, Santa Rosa Wilderness Area. Two separate areas surveyed 10 May: lower portion of canyon south of Quarry and the canyon immediately south-southwest of same. Soils coarser and without silty substrate lens;weather suitable.Low. • Bighorn development site, at base of 7-level Hill, surveyed over several, years by R. Duff prior to construction of existing development. No beetles were found, although historic records suggest that they may once.have occurred in this general area. Low to u Modetatc. h Also investigated visually,but not light-collected were the following sites: • Tahquitz Canyon,general area encompassed by the alignments of Ramon Road, Sunny Dunes Road, Hghway I11, Belardo Road, Mesquite Avenue and the Santa Rosa i foothills. Vegetation formations and soils in lower portions of these arras appear suitable, and specimens have been taken at standing lights nearby in recent years. Permission not available to survey. Moderate to High. 1. • Cathedral Canyon. Soils appear too coarse, lack silty substrate lens, alluvial fan very steep. No beetles recorded from this area. Low. h • 2 blocks W of highway 111 on Alejo Drive. Two specimens were taken at this site about 10 years ago,but all habitat in vicinity is now gone. No longer appears suitable. Low. • Alluvial plain above Mac McGruder Chevrolet dealership on Highway 11 L Habitat 1 appears marginally suitable for Dinacoma, and may warrant additional surveys. No beetles found at standing lights in 1995, but reported from lights of dealership or nearby in previous years. Moderate to High. + e�rrrr lot on E side of Highway 111, across from Rock Garden Cafe and McGruder Chevrolet. Them are remnant patches of suitable-appearing substrates and vegetation- Several possible exit burrows observed on 13 May, but no confuuring direct evidence of beetles found. Notlight-collected. Moderate. + Bear Creek channel,W and N of La Quinta. Much of area has been cleaned,some soils appear marginally suitable, but overall most substrates appear too loose and of a large cobble diameter. Low. 3 E Jun 27 2007 9:50AM T u i t A a 9 0 Indian Wells area,off Highway ill iz+om Miles Avenue to Jefferson Avenue, lnrra Contains dunes,but does not appear suitable for PS7B;light surveys in other years have 1 not detected this species. Low. a La Quinta area,on Eisenhower Road. Open areas along alignment appear to have been disturbed by surface clearing. Plant growth successional, doubtfully suitable for PSIB. Not light-collected.Low. d • Windy Point to Highway 62 Corridor area Habitats in this general area appear at most I marginally suited to this species. Some lower areas of finer soils,such as below Snow (reek and southeast of Cabazon quarry sites have similar habitat values,but the species has never been collected north of Palm Springs. Highway 62 corridor with moderate y habitat values in some areas above and below the highway. bight collecting not conducted. Low to Moderate around Windy Point,Low along 62 ego idor. • Indio Bills area, Fan hill Canyon to Thousand.Palms Oasis_ This area may contain habitats or substrates similar to those of the known population site, but is well outside the anticipated range of the PSdB. Them arc no known records from this side of the valley;by.way of caution,however,it should be noted that the level of survey intensity during the past 20+years in this area has been relatively minimal, and a lack of data maymflwAonl alackoffooused collecting. Some potential habitett areas, based only upon presenceabsence of soils and vegetation, occur in Fan Hill Canyon, but it is not known whether the PSIB occurs anywhere on this side of the Coachella sink. Low. Distribution Assessment a Based upon our observatiens and tine accumulated data Sum virtually all major collections in southern California,it appears that the historic known range of the PSIS extended from within the city of Palm Springs (south of Ramon Road) south to the base of Novel Mill. All o£ the historic and extant localities occur (ar occurred} aloug the alluvial fan bases € flowing from the Santa Rosa Mountains, az or near the level contour line, where the dissipated flows deposited finer silts and sand. Idighway III roughly follows this canAour,and over the past 30 years or so,most development has naturally prouecded along and outward$ore this alignment. T£the PSIB was prehistozicalI distributed along this area of]Wei, relatively richer soils, tben it was in the areas most extensively utilized for agriculture and development, Aside from those areas retained within reserves or on Indian lands,this would be the habitat type most-extensively altered in the past several decades. i If the assumption that the PSIB was/is distributed within habitats with fine silty soils along rho level contour line is correct (and we must emphasize that this is our working theory, based upon inference and fragmentary data, and,has not been rigorously tested),then the probable extent of the prehistoric populations of PS7B would be fionn somewhere around Chino Canyon floodplain(or at the most, northwest to the Snow Creek drainage)south to about Indian Wells. These parameters are rough approximations and are based upon a generalt7Cd assessment of the apparent sweep of contiguous alluvial fans of similar elevation and energy which historically deposited silts and fine sands along the common level gradient within the southern"cove"of the Santa Rosa foothills. The Bogert Trail locality straddles South Palm Canyon Drive at the level contour line, whore the vegetation and soil types change from the rough,large cobble of the high-energy flows to the fine sands and silts of the lower-enetgy deposits. South Palm Canyon Drive roughly intercepts rho level contour line below all of the Indian Canyons, and may contain numerous suitable areas of habitat within the reservation, Much of the alignment of this road was not accessible for surveys,although it was briefly assessed visually. 4 Q k HEN,, F s Jun 27 2007 9:5ORM T p'7 a i� I' f 5 d Habitat Characteristics! Existing Population r At present, the only positively-confirmed extant population of Diwmma caseyl is at the Bogert Trar1 site. This population appears to be confted to the level contours of the alluvial plain,where finer sediments have been deposited,without heavy substrates, coarse cobble or boulders. Surface soils are fine-grained, usually with a loamy surface crust of varying thickness,often covered by cryptegamic growth. Underlying soils arc loose, fine, sandy,with minimal organic materials intermixed and no evident detritus layers. Deptli to soil moisture varied according to the thickness of the substrate crust, but in general 'was between 10 and. 20 cm. A dense, clay-like layer of fine-grained, dark alluvium was encountered at a depth of approximately 60-90 eta and appeared to rite point at which the soils arc pemtavcmly damp. FMA investigated the root systems of several species of phreatop ytl tic plants,and in all cases the taproots extended downward into this layer. k Seasonal runoff channels entering the cast side of the site are shallow and only infh quently carry surface flows,so their substrates are loose and friable. Construction of sore sort of underground utility line along the west margin. of So. Palm Canyon Drive excavated a broad swath through the PS.113 habitat, and this area now has no surface crust and is clothed with early successional vegetation in cosparison to the remainder of the site. It is 4 probable that this action removed habitat values from this swath, at least temporarily, and the only burrows found were along the margins of the disturbed area, where surface substrates are intact. Vegetation at the Bogert Trail site is a relatively species-rich mb mre of creosote scrub and desert alluvial fart scrub, dominated by creosote (larrea tridentaaa), saltbush (Atriplez spp-),cheesobush(Hymenocleasalsola),catclaw(Acacia greggit7, desert lavender (Hypti3 emoryl),btumbrush(Ambrosia dwnosa), chuparosa (lut�cla caiiforrtica),cholla (Qprrtaia sspp),pmson weed(Datut a wrightir�,and brttticbush(l ncelia farinosa),with annual growth f of Spanish needle (Palafaxia 1. linearis), vine milkweed (Sarcnsremma cynaneFraides), crown(Craton califarnicus),suncups(Gamissanla spJ,phacelia(Phacelia sp.),clockweed (.Erodfwn sp-)and a variety of annual wildflowers and grasses the latter constsung mostly of non-native bmmes. Although the site is adjacent to a heavily-navrled road, a golf cause, housing and ocher human nctivity sites, it is ecolvgicall contiguous with the bajada to the west (So. Palm Canyon Drive�osing a trvnimnl boner to cressing), and so has retained relatively normal levels of wildlife use Tracks and scat of coyote wexe observed, along with scat possibly of desert]it fox; black railed jacioabbit, Gambel's quail, black tatIW ggnatcatcher, black- thmated sparrow,verdin,wcstem ruocicitrgbird,mourning dMe,bger whiptail lizard side- biotrlicd lizu3, several species of bnprestid beetles (including Acrnaeadera $pp., and Schizopres hallo, na common name), Linsley's brkttlebush longham (common frame i invented forPerarthw llnsleyi),striated queen butterfly, and imperial checkerspot butterfly were rioted as relatively common throughout the site. Based upon light collecting and observations of crepuscular activity, the PSIS population on this site extends in a narrow strip along the west side of South Palm Carryon Wvc from about the junction with Bogert Ikail to the next:intersection,and extends only about 10- 20 i meters away from the roadway. The extent of the population on this side of the mad is constrained by the linnit of the level contour line,where finer soils abut coarser, sediments, We observed no beetles in the fragment of habitat on the NF corner of Bogert Trail, where die charnel crosses and a portion of a golf course has been situated. 'ne majority of the population appears to be scattered in small subpopulational units across the open natural areas of the property on the SE side of Bogert Trail and S.Palm Canyon Drive. 5 i -- ---._.. P. Jun 27 2007 9:51AM T J tl N The extent of the overall population was not determined,but it appears that most of the area for perhaps as much as 200 - 300 hundred meters in from both roads contains suitable substrates. larval feeding was not determined(apparently this species has a single year life history),but most female beetles observed wets situated beneath cheesebush(Hyntenaclea j saltofa),and this may be the larval host Female beetles are flightless,and do not appear to wander far front the emergence burrow,so subpopulations probably tend to be localized. Adult male PSIB emerge from the soil or from hiding about one hour before dude, and at first appear to fly directionally overthc soil at extremely rapid speeds. For about one hour they move rapidly over the area,not appearing to be searching far females(which appear to emerge somewhat later). As the level of ambient light lowers,females emerge or break the I' surface of the soil, turn downward in the burrow entrance, and extend the apex of their abdomen slightly above the burrow opening. At this time they are undoubtedly emiaing a scx-attractant pheromone,and it is at this point that the males begin to fly more slowly, eitcling and buzaing amidst the low vegegtion as they approach the exposed females. i Upon alighting near the burrow, tltc males crawl to the female and mart wtth her at dtc j surface of the ground,occasionally pulling the female put of the burrow in the process. At the conclusionof mating,usually within one hour following sunset male activity begins to decline,and many probably retreat to hiding places beneath vegetaton or in the soil The female rercnters rho brut ow ar digs a new entrance,and returns to the soil. Captive males remain motionless during daylight hours; becoming agitated and active at- about 6:30-7:00 p.m.PDT,while captive females remain active all of the tithe. This may reflect the fact that the female spends much of her time burrowing beneath the soil surface, while males,once etncrged from their papal cells,may spend Their diurnal inactive time on the surface,hiding in leaf debris or partially buried in loose sand. Extensive excavations of the root systems of cheesebush and several other plant species in the habitat am yielded adults of another scarab species (Diplotaxis ftmbriW,2), but not of PSTB� No scarabaeoid larvae were found in over 30 separate excavations, ssting that s the larval cycle is one yca, and that larvae are not present in the soil when Zr,th adults are active. This would probably bold true for the other species of scarab found at the Bogen Trail site(DiQlotaxes.Seri=sp-). § Numerous adult emergence burrows of Duracoma were carefully excavated, and larval and papal cxnvia were found in several of them at depths raugiurg fxam t 10 to 16 cm, 1 generally corresponding to the depth aftiamp sails. All burrows were found in soils with thin to moderate emsrs (avg. 6 ran thick), but pupal exuvia were in unconsolidatt d sandy soils,and btnmws could not be followed below the depth of the pupal chamber. It appears . that the larvae travel upward andfor outward from their feeding arras to pupate• Most entergencebutrows were located at or slightly beyond the canopy lute of the surrounding vegetation,trod all wrste widrin 1 m of cheesebtrsh. 4 Summary I It appears that Dbtacoma caseyi is associated with Hymenocfea safso4 but a larval host has not been directly established. Adults emerge from shallow burrows is open areas of sandy sails with relatively fam loanirsilty crusts of varying thicknesses, usually without HiMMEF c growth or dense herbaceous cover Based upon the allay(tf historic collectionears that the distnbution of the speoirs corresponds to the level conmur line at alluvial fans where larger aohhle suhsva[es aro Overlain by finer silt deposits. record of PS7B from aeolian sands- The period of adult acavuy beginsin aps as early as mid-month in warm years, and extends until early Tune (basedtion retards),with peak activity in early ra mid-May in normal years. ! s 8 b Q�tky�6t; i Jun 27 2007 13:51AM 7 , R 7 Because female D.cuseyi appamntly do not fly,populations tend to fragment into localized subpopulations, pmbably confined to some potent by soil and draivage conditions. At present, the only active population known is in the natuol lands surtnutadmg the intersection of South Palm Canyon Drive and Bogert Tmil, although other populations EMEMOR cated along the same soil gradient forrher south into the Indian Canyon reserve_ght record,possibly of this species,was made in Dead Indian Carryon near Palmd the spe�es has been taken m this area historically. Most other rates of fanner in Patin Springs do not appear topo ssess extant habitat values,but several areastial habiwt For PSIS have been identified, and yet others tray exist along thef highway l 11 hetwyen the north end of Palm Sprin and Indian Wells. ' Although pelztission to survey on Indian Ilibal Lands was raluested,it was not granted; 4 nor was permission granted to survey on Flood Control District properties. Many of the areas which appear most suitable ecologically are encompassed by these ownerships or �vrisdictians, and so our survey prnlure hxs bterr pa]it ca1Xy fragmeatetL Sased upon bitat rAngrucnoe and historic aecutrence, the two general a[Y8F most likely m support addiQonal populations would be level contour habitats an the alluvlal plains below Palm, Murray and Andreas Canyons, and remnant natural habitat areas within taro Dead Indian Canyon flood control system. These areas should be focal points for further IiCP surveys, and,absent additional distributional and ecological information,these areas might logically ! be ineltrded within mandatory survey woes if proposed fa'developmenr. Should the U.S. fish and Wildlife Service (FWS) formally list the PS173, historic and Wstiog data would strongly suggest that critical habitat designation would encompass whatever x-emaining potential habitat areas (= approaching Ievel contour, possessing fine, �( stay surface soils, and ungraded for at least 20 years) ate identified on alluvial bajadw .� extending from the Santa Rosa foothills toward FIighway 111, from the Chino Canyon floodplain at north Palm Springs South to the Deep Canyon floodplain in Palm Desert. and .on the floodplaius below the so-called Indian Canyons(Palm,Murray and Andreas). i p� 4 7 t suuirtncspc�esswveys •'Ernard�rsBiafngirarsissrssrunts • 7(G�errda(Q�Plaxrwwxg - '�flkigRtiArr Jtfuxi2annB . s?crF,r axds(ecrtaaux Tk>nai+rg� �xsviroamcx[xr[�dveatimr 7 { , �� �c.cr..a»r AY.te dev-[yGfSly It F.T.FgVORE FF4?.W PAGE 61 gg+ ' &A VAX SS7 I4 9 'Ste. >y rrrt, frmrk5(WM 2iY31.gWm(ax(s Pfaae Saris CA SMI- u I. 20 February 1997 jCoachella'Valley Mountains Consemawy aant:Bill Raven P.O. Boor 2855 Palm Deserk CA 92261 -2.855 i Proposal to Provide Biological Servkass Palm Springs June Beetle Surveys k i' 1 have revicwo:d the matettata'seua,yesterday,iwluding the soils maps.and from these have attempted to drdam at kast a ptriimiaary assessment of probable areas of Palms Sprinp juae lkettc[PSJ9� ooxUtrenCe. It must be teo0gadaed that thus latvel lto�t of this.apecres is not lmotva [and in fact tLease ma rot be a "host' per se, if it is s denitos feeder), and thatfore our evalnenen otf�araas of PSJS acx+trtenoe is iafeaeatdal, derived from a anapahnt utalyais of soil ( slau7arities with the extant population sits) and exteasian of laown arras o o�Rluctian Mast"erchexypie ["ones spat° sires ace tentnant within developed areay. Der prtrjpdioto of patentixi axons of occvnsntce onttaide dta' peritatter of htstvrie quotas was mo+dc by oriextaying a simple matrix of sail, goadieat and estevaHon ehatactdiatfox osn the maps pmvidod of exisimg open apneas. i �-.- Ssekgroutrd The Palm 5pr s june lseetle, 731trairorrra cr+sayi, emerges and "swarms" iti mid-to-late spring(twtteliy�ate MRy through June), males fl wifely over this ground at"and 3 y after dock in match of me un-caietged, fh k ess females. The only known cxiaat pop"M 1a confined to A omw area along South Palm Springs DAve,near Bogert Trail, appeaca to be c1wWy-associated with the fine alluvia!sands at the base of the foothills. � Ida positive ddctminntiCu has bees made for a larval food rewotr rve. aldtaugb chemebush, Efgnrerrvc4sra cabala, has beep peatulatod(D. Stzeit, R. Cunningbam, pens. comm. to F. Horvore,I"as aposa]hle host,based upon onlleo iaa of numerous females itnmedlatdy F' beneath this plant Females observed b 1995. however. ,emerged in open areas of anal within dewwoody ptantassmation. Awarding to the U.S. Dept. of Agricultu ic, Sall Conservation Service w4pins of the +Caxrcl h Wky,the Bogart Trail popabdua lies entirely within Carsitas serves Gals, and specifically on CdC type, characterized as gravdly sand. single graik siightlY efferwao:ent, atadcretdY ailaalim W&4 , loose,turn-sticky rind non laapcotisc�,deposited own o--19 pereew slopes. 77►e show fight braiding and same og4ge a 7ulf io, but Spr1a$s p do let ati oWo ' oeive surface flow & Maand offftie sou ono- el 'win&tithe landertaCdCseennoe,apt l�earby, o f ltis ao tnWnr: si�DMICS arc a so li2ts, the dialm m to the soils need only to within several hundtnd meters for coAsmenota I have attached vl tNit t000 les of the soils step for Pelm 5priagy marked to follows glum - single Coll aitm: Craw-hatebed ssOc ftvronmaft surest o r the � Eagat Trap populatioo:heavy black o udines samnwd CdCsoiIL) The largest yemai;aing undevelgxd auras of CdC soils, owtignow With the Bogert Tr.0locali w CalieW Indian Itaeav tiootL There may also be rec to the wuth and tannantlaigdyweas of the fforn%ston l within a portion of oathe n�atheast,alo q the � leg f �_d A wale:s Looz Le u^C 1.FUVU-Z FF" FWE e2 2 h PAzn Canyon,love*.and in portions of the AFm Cariente Indian land in the central put of Pabst Springs north of Eamon Road (if this to fact is stlri undeveloped) The CAW series artm oam Hwrmit s Beach(in the the southern COst�cbann"ies A raw are all of ttag, and cxumdhis Smics,Cka. Catsiustbu fmc no,0 to S percent Slow probably has aratablc grain qLw dos for PST ,bmitappears to occur farther out in the rant deposition zones, and may or may not offer suitable %. consolidation and orpoics chwadcdsdcs. These any am not rsrWtttive within Palm SpriW, but do occur further east along the laves and north of Chino Vista road, mostly on Agra tMiieaue Tadian lands. k Ants of CdE([etas gravelly sand on 0 to 30 percent slopes) nay also be suitable, but asyon cm see from,the map,am am ce rat hermimimal extent,comparatively. ChC aaics soils(Ckrsitas cobbiy sand)are probably too coaraa to be suitably but should ba M' sicced visually to*suss aurfare substrate conditions- Sofas labeled CcC(Carom stony 2 to 9 pmed slopes)arc situated adjacent to and slightly above the largo CdC series arras, but these urn deeper,raaerally caetser all Mum.and the USDA,SCS cha ale rimtlae indicates that they ate Karam to flaadibg.'tspedallp during •smtuner thunderstorms. It is less: probable that the beetles could survive eolomaily on those or other mom hydrologically i dynamic Soils. Other parent seater with fie sands (Coachella Scrics, CpA, CpB, CrA) appear to be mate prose to aedW instability, and while this does not necessarily tole out their use by PSM, I would recommend that tisay be surveyed only cursorily, and only at the Tthnum time for discovery of the specaea(as active at the"tnnnol"locagly). s Not surptWagly, rite CdC Series-oonli cues in a fragmented mosafe amuttd tdre toe of the' slopes eustw+arul tluuuyh pottioata of Caahedmt City (most of wbicli is an ChC series): -. *don;due c>srr*me bane ot'the s> 6e4iurd Tlu ird Casntry C.1ub:tmdarlying most of the aeatral portion of Bandon� (split by Hwy. I 11):and rt is e7ueaosive reader mtuh of what ie develapusd ores Palm Desert, anti along the ttlmainittg wldFvelapat portioru of i Deep Canyon The Philip�ayd rererva appears to 6e situated tvithtn a large errs of CdC sails, .nd their eaRecdons at a Rivcrsiao ll]be ctteci�d far spximea itzardtr. I would UWe$t tat surveys bo focused within CdC series so" but that at Mast cursory suer CM be ,siren to the outerty"s noted above at being of similarrMt mamrial or tactum We caa assess prescaWae by visual sutvays at dusk(fted to observe malts and fwWes duduS their abovagroond sctivtty)and by eon-baumful black.9ght attraction. Our methodologies arc as non-invasive to rbe sppun and nonAmtruotive to its habitat as paWWO within the mi dm= actim neo*d to provide inf matim The window of appcatunity far this species is last May and June, t ding upon load weather conditions. i We can survey as meaty anew w tint or budge permits, and will to sums tber you will direct the ordering of sites by whatever priontles govern your Whroz ons)nods. t Fatituated time end casts Palm Springs June beetle survepu only in order to simpyl the budgeting process, f have provided my cast estimates ls)*ta*unit, 'Mmift You to as#Ier'—wluatevtr camber of sits sutvoys you wish, ama ding to your v idam stianal prtarities. `i W two types of surveys, focused and cursory,correspond io my *ember Assessment of sails(above),with the former survey type resavred for*teas of CdC series soibu, with blgh inventory pnotity, and the cmwq type used to dx& othw soils orataess Outside d*prcobable range of the taxon,as maybe projected from the imown but= Given rise relatively brief tim'usg of flights, aynsd the fact that many nigim �kethat tbete will be no m�cw g=S en unsulubk f nights a mlaabdeedue to Boer sum this m any given aaaadols detutergetutes. L0 E.d 1 Wk1tE=6 zoou La unr •- Ulf s...a]r ♦y.i.o vuJ'a]vrvfy h. I.rIUVUtit Ftlu; r.+vrC W I 1 1' r@ryr@rye 1 F13&A sensitive artbxnpod survey teams (2 or 3 persons) will focus all work wldit the L period of adult PSJB activity. Qmmeneing when eveniug wrupeiaunes remain above 65- 'ArF,sad dusk whtds abate. Each focused survey will involve trwporting biolo&ts and their equipment to me or mars sites, equipineat set-up, observations and data recording. P and equipmmtpke-down,In torsi averaging about 6-S b ourt per eighL A,single focused "oeam Ole costs$1,100 w$1,300 total, which includes all local travel. food, lodging aam�ttveca �O*dpatmt costa,and Carr cover two or three subsitm(=site* within a finale Pact g rphic area,or bebizd locked gates). Depending upon the distances betwM sites and local sedulity,we may be able to survey as many as three repamtn sub- ticits of CdC hr a single night, but two is more M-Ay (bchimd tht: reseradon gates, for ermmpl%"could ram three separate surveys with miniad risk of vandalism or cquipartmt X distur ; is public areas, stmree m must be with the equipment at all timm as our smaller generatom and electrical syderns ate expenslvc and easily nwsporwd). Cursory surveys,which would consist eitFur of en um►atmed light station, docked at the conclusion of focused surveys elsewhere or diuoasl xlrches for evidence of amer�ena. would about 2 W 4 hours time per 1ocatiop, and would cast st Wx0aily Mot 11 peraite�uttatteaded L•r ht station Method.could only be utilized in high-Saar Ly areas, where thous is no legal public access,and the set-up is not visible from public roadways. fF 12eaartrh time and xeport preparation will be perfaftmed at the PH&& Principal rate of $90.OQIhr, unless otherwise specified We wzll malm approp.60A contacts, eumine mid verify t:ORM4ons,sad obtain tteoessary rdcruos y permits for PSIB surveys prior to commencing field work. Fatimatted oast for a a e letter report of timdkW. sarmlpar&zng one season of field causufts would be S1,440.01, awninahon of 11C Riverside eolleclion.if appropriate would be doors in connection with travel to and from the site, and s would Involve only $135.00 additional costs; Travel to mid from the Coachella 'Valley would be-at Costa, averaging$360.00 per activity period(estimated at two or three times octal fa any season, depending upon waather). FH&A makes it a general practice m cmtdbute (if requested) to general informational naedS, rmd should we enamter and positively ideatify other sensitive species d the course of our wo*, we will now them is an addendum cur PSIS report, at no additional time ar eQM, Tub estimated herein will be performed to the brat sdeatific,agutay and t industry stoodards. W&A bdependcntly subcootraets for its field associates, ttddimg no overhead oraddition d costs over the estimates given. 9 �cttluta vita-:and Or statement of qualification Ake FfW&tm m members are evadable our emmicaoo and knowledge of the flora and fauna of tho Coachella 1lalley ad Palm. area in pmtimlar is quite higgh, and our ram work on valley-wide waterprojects Poid MS us well for this sort of smaller,mare focused project. i 5lrker�y, i� a Ftamk? . Quote. Principal s k �fksrC�rarmraea Sf4p ert[ !"fanstng ,Ser+srhxe�((� 0�FMB}�jr • J ���Yrdlvruf� ����'1�fac4f1Cr1'�tllitLff�' � V7FRplef��irCRlftl7L � t 6 s 4 b"d 1 wu-rE=E LOOH La unr 4 ' r-�'rl' '��` �� ��:IY' *•�.tr i"�.1'. • �� ITS � ..J •�cr:r . .k r c �� ?'R;�.1.r •�. !FM may; c��• .� _MAM'.qy ALmow liAw drys I��i�'''<�`�r ^ . 4 _ '��••;• �� � � ���1,+"y'��� ..,tp �j l!� 0 r n'.`^u�lee.f�i{,ref�j� 7-r.� • ARTY\ ► a '��. I� }i'. i r� ,�r� �'� ���" _,��' liow- r���`��Ek.`;!`�;y.�•i� r`" Ali rE7'�1.'s.1;� �1� "1�,=���: ll t� Ell- M A - J' '"/w...L�'1a.L�1�LtY M `� ' � �ri� � •x'^ � J f � E r acsert n Spring; Palm rpdngt Colhedral Rancho mTRASSIT AGfSCY Palm Desrrf Indion Wces (o gdlit0 India CgoCnpila RlvniiOe Couty i i A ftbli4 Agency i June 26, 2007 1ECEtvnu Mr. Marcus Fuller, P.E. PLS JNN 2 3 @11 Assistant Director of Public Works 'Fh95uaeradA7 j)ri! Department of Public Works and Engineering City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 I Re: City Project 05-03 South Palm Canyon Drive Widening Project Dear Mr. Fuller; This letter responds to your request for comments regarding the proposed project located on South Palm Canyon Drive from 500 feet south of Murray Canyon Road, to approximately 900 feet south of Bogert Trail in the city of Palm Springs. SunLine Transit Agency (SunLine) staff has reviewed the project and offers the following comments. Ensure that sidewalks are incorporated and constructed throughout the project area to assure future residents of the proposed development can easily access services provided within the project area. Based on further review, SunLine is not requesting inclusion of transit amenities, i.e., bus turnout and bus shelter as part of the proposed development. Currently, Sunline does not offer transit service to the proposed project site; however, the nearest service route is located east of the project, along East Palm Canyon Drive and Via Salida; Line I11. SunLine concurs with your recommendation to design a circulation system that encourages walking and bicycling as alternatives to automobile transportation. Additionally, we offer Americans with Disabilities Act (ADA) Complimentary Dial-A-Ride service in the Coachella Valley, which may be utilized by residents for medical appointments and other activities. These suggestions are offered for consideration to help encourage potential future residents of the proposed development use transit services provided in the community, 32-SOS Harry oliver Troll,Thousand Palms,California 92276 phone 760-343-B4S6 Fox 760-343-3845 wwwsunfine.org ' I o i 1 I I I I Mr. Marcus Fuller, P.F. PLS, Assistant Director of Public Works �. Page Two t Should you have questions or concerns regarding this letter, please contact me at 760-343-3456, ext. 162, f iSincerely, I Alf so Hernandez Assistant Planner cc: C. Mikel Oglesby, General Manager Eunice Lovi, Director of Planning David Sarakin, Director of Public Works/City Engineer City of palm Springs I is Stare of California-The Resgurces Agency ARNnLD SCHWARZENEGGER.Governor ,. i DEPARTMENT OF FISH AND GAME Inland Deserts Region RECEIVED i I " 78078 Country Club Dr., Ste. 109 Bermuda Dunes, CA 92203 JUN 2 5 26[I7 t i (760) 200-9158 E[i,inaernrag Da��;^. June 14, 2007 Marcus L. Fuller, Assistant Director of Public Works City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Dear Mr. Fuller: 6 The California Department of Fish & Game (Department) appreciates the opportunity to comment on the Mitigated Negative Declaration for the South Palm Canyon Widening project (SCH#2007051146)- The proposed project proposes to widen approx. 1,100 linear feet of South Palm Canyon Drive from 32 feet to 64 feet(curb to curb), with an additional sidewalk being constructed adjacent to the westerly curb. The proposed widening will occur from approx. 500 feet south of Murray Canyon Drive to 100 feet south of Bogert Trail, then taper back to existing roadway width at a point of 900 feet south of Bogert Trail. The proposed street widening (and sidewalk construction)will take place within 94 feet of the existing right-of-way. The project also involves the widening of the existing bridge across Cherly Creek (also referred to as Arenas Wash North). Grading for the proposed 1 upstream bridge approach will include removal of the existing riprap pad, as well as placement of a new dprap pad. Additional modification of the Cherly Creek Channel may be required to extend the head wall of the bridge approximately 80 feet upstream of the bridge. The Department opposes the elimination of watercourses and/or their channelization or conversion to subsurface drains. All wetlands and watercourses, whether intermittent or perennial, must be retained and provided with substantial setbacks which preserve the riparian and aquatic values and maintain their value to on-site and off-site wildlife populations. The Department has direct authority under Fish and Game code§ 1600 et seq. in regard to any proposed activity which would divert, obstruct, or affect the natural flow or change the bed, channel, or bank of any river, stream, or lake. A discussion of potential adverse impacts from any increased runoff, sedimentation, soil erosion, and/or pollutants on streams and watercourses on or near the project site, with mitigation measures proposed to alleviate such impacts must be included. The Department is in the process of complying with a wnt of mandate issued by the Superior Court of California (Mendocino Environmental Center vs. California Department of Fish and Game, Respondents, Bruce Choder, River Rat Salvage, Conserving CaCifornia s TVdaTiife Since 1870 s r I' I G et. al. Real Parties). The writ of mandate states: F A writ of mandate shall issue ordering the California Department of Fish and Game on or before May 1, 1999, to prepare and implement a program or process that will incorporate a CEQA review into the Fish and Game Section 1603 process. The writ of mandate shall further order the California Department of f Fish and Game to cease and desist entering into Section 1603 agreements after May 1, 1999, unless such agreements have been subject to a CEQA review. The writ of mandate clearly spells out what the Department's responsibilities are under CEQA with respect to all SAA's. In this regard,the Department is emphasizing in comment letters on projects that impacts to lakes or streambeds, alternatives and mitigation measures must be addressed in CEQA-certified documents prior to submittal of an application of a SAA. Any information which is supplied to the Department after the CEQA process is complete will not have been subject to the public review requirements of CFQA. In this instance, the Department has three choices: 1) refuse to issue the SAA;2) not file the Notification because CEQA has not been complied with and return the package to the lead agency for further CEQA action; or 3) become the lead agency. In order for the Department to process a SAA agreement, the CEQA-certified documents must include an analysis of the impacts of the proposed project on the lake or streambed, an analysis of the biological resources present on the site, copies of biological studies conducted on the site, biological survey methodology, and a discussion of any alternative measures, avoidance measures, mitigation measures which will reduce the impacts of the proposed development to a level of insignificance. Thank you for the opportunity to comment on this document. If you have any ' questions please contact Mr. Jim Sheridan, Environmental Scientist, at(760) 200- 9419. Sincerely, y, Kimberly Senior Environmental Scientist Eastern Sierra and Inland Desert Region ]DECEIVED JUL 0 5 2007 Department Of Toxic Substances C64roj1ingDivision �.,... h c Maureen F. Gorsen, Director Linda S.Adams 5796 Corporate Avenue Arnold schw mencgger secretaryfor Cypress, California 90630 Govemor . EnvlmnmentaI Protecdon B i July 3, 2007 Mr. Marcus Fuller Assistant Director of Public Works City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92263 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR I THE CITY PROJECT 05-03, SOUTH PALM CANYON DRIVE WIDENING PROJECT (SCH#2007051146) Dear Mr. Fuller: The Department of Toxic Substances Control (DISC) has received your submitted Notice of Intent to adopt an Initial Study/Mitigated Negative Declaration (IS/ND)for the above-mentioned project. The following project description is stated in your document: "South Palm Canyon Drive is currently improved east of the centerline with a curb-to- curb width of 32-feet, and an existing sidewalk contiguous with the easterly curb. The proposed project will widen approximately 1100 linear feet of South Palm Canyon Drive from 32 feet to 64 feet (curb to curb), with an additional sideway being constructed adjacent to the westerly curb. The proposed widening will occur from approximately 500 feet south of Murray Canyon Drive to 100 feet south of Bogert Trail, then taper back to existing roadway width at a point 900-ft south of Bogert Trail. The proposed street widening will take"place within 94-ft of existing right-of-way. The project also involves the widening of the existing bridge across Cherly Greek." DTSC provides comments as follows: I 1) The ND should identify the current or historic uses at the project site that mayI have resulted in a release of hazardous wastes/substances. 2) The ND should identify the known or potentially contaminated sites within the proposed Project area. For all identified sites, the ND should evaluate whether conditions at the site may pose a threat to human health or the environment. �I Following are the databases of some of the regulatory agencies: 0 Printed on Recycled Paper �i 0 Mr. Marcus Fuller k July 3, 2007 Page 2 j • National Priorities List(NPL): A list maintained by the United States Environmental Protection Agency (U.S.EPA). • Envirostor(formerly CalSites): A Database primarily used by the California II Department of Toxic Substances Control, accessible through DTSC's website N (see below). • Resource Conservation and Recovery Information System (RCRIS): A database of RCRA facilities that is maintained by U.S. EPA. • Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS): A database of GERGLA sites that is maintained by U.S.EPA. • Solid Waste Information System (SWIS): A database provided by the California Integrated Waste Management Board which consists of both open as well as closed and inactive solid waste disposal facilities and transfer stations. Leaking Underground Storage Tanks (LUST)/Spills, Leaks, Investigations and Cleanups (SLIC): A list that is maintained by Regional Water Quality Control Boards. • Local Counties and Cities maintain lists for hazardous substances cleanup sites and leaking underground storage tanks. • The United States Army Corps of Engineers, 911 Wilshire Boulevard, Los Angeles, California, 90017, (213)452-3908, maintains a list of Formerly Used Defense Sites (FUDS). 3) The ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may be contaminated, and the government agency to provide appropriate regulatory oversight. If necessary, DTSC would require an oversight agreement in order to review such documents. Please see comment No.17 below for more information. 4) All environmental investigations, sampling and/or remediation for the site should be conducted under a Workplan approved and overseen by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup. The findings of any investigations, including any Phase I or II Environmental Site Assessment I �3 yy Mr, Marcus Fuller 1 July 3, 2007 Page 3 V Investigations should be summarized in the document. All sampling results in which hazardous substances were found should be clearly summarized in a table. 5) Proper investigation, sampling and remedial actions overseen by the respective regulatory agencies, if necessary, should be conducted at the site prior to the new development or any construction. All closure, certification or remediation approval reports by.these agencies should be included in the ND. 6) ff any property adjacent to the project site is contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, then the proposed development may fall within the "Border Zone of a Contaminated Property." Appropriate precautions should be taken prior to construction if the proposed project is within a Border Zone Property. 7) If buildings or other structures, asphalt or concrete-paved surface areas are being planned to be demolished, an investigation should be conducted for the presence of other related hazardous chemicals, lead-based paints or products, mercury, and asbestos containing materials (AGMs). If other hazardous chemicals, lead-based paints or products, mercury or ACMs are identified, proper I precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with California environmental regulations and policies. k 8) The project construction may require soil excavation or filling in certain areas. Sampling may be required. If soil is contaminated, it must be properly disposed G and not simply placed in another location onsite. Land Disposal Restrictions (LDRs) may be applicable to such soils. Also, if the project proposes to import j soil to backfill the areas excavated, sampling should be conducted to ensure that the imported soil is free of contamination. l t 9) Human health and the environment of sensitive receptors should be protected during the construction or demolition activities, If it is found necessary, a study of @ the site and a health risk assessment overseen and approved by the appropriate G government agency and a qualified health risk assessor should be conducted to determine if there are, have been, or will be, any releases of hazardous materials that may pose a risk to human health or the environment. 10) If it is determined that hazardous wastes are, or will be, generated by the proposed operations, the wastes must be managed in accordance with the California Hazardous Waste Control Law (California Health and Safety Code, r; I Mr. Marcus Fuller July 3, 2007 Page 4 t Division 20, Chapter 6.5) and the Hazardous Waste Control Regulations i (California Code of Regulations, Title 22, Division 4.5). 11) If it is determined that hazardous wastes are or will be generated and the wastes are (a) stored in tanks or containers for more than ninety days, (b)treated onsite, or(c) disposed of onsite, then a permit from DTSC may be required. If so,the facility should contact DISC at (714)484-5423 to initiate pre-application j discussions and determine the permitting process applicable to the facility. i 12) If it is determined that hazardous wastes will be generated, the facility should obtain a United States Environmental Protection Agency Identification Number by contacting (800) 618-6942. 13) Certain hazardous waste treatment processes may require authorization from the i local Certified Unified Program Agency (CUPA). Information about the requirement for authorization can be obtained by contacting your local CUPA. i 14) If the project plans include discharging wastewater to a storm drain, you may be required to obtain an NPDES permit from the overseeing Regional Water Quality Control Board (RWQCB). l P 15) If during construction/demolition of the project, the soil and/or groundwater contamination is suspected, construction/demolition in the area would cease and appropriate health and safety procedures should be implemented. 16) If the site was used for agricultural or related activities, onsite soils and groundwater might contain pesticides, agricultural chemical, organic waste or other related residue. Proper investigation, and remedial actions, if necessary, should be conducted under the oversight of and approved by a government agency at the site prior to construction of the project. 17) Envirostor(formerly CalSites) is a database primarily used by the California Department of Toxic Substances Control, and is accessible through DTSC's website. DTSC can provide guidance for cleanup oversight through an t Environmental Oversight Agreement (EOA)for government agencies, or a Voluntary Cleanup Agreement (VCA)for private parties- For additional information on the EOA please see www,dtso.ca.gov/SiteCleanup/Brownfields, or contact Maryam Tasnif-Abbasi, DTSC's Voluntary Cleanup Coordinator, at (714)484-5489 for the VCA. I I Mr. Marcus Fuller July 3, 2007 Page 5 f If you have any questions regarding this letter, please contact Ms. Teresa Hom, Project Manager, at (714)484-5477 or email at fhom@dtsc.ca.gov. Sincerely, Greg Holmes Unit Chief Southern California Cleanup Operations Branch - Cypress Office cc: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 CEQA Tracking Center Department of Toxic Substances Control Office of Environmental Planning and Analysis t 1001 1 Street, 22nd Floor, M.S. 22-2 Sacramento, California 95814 p CEQA##1692 I I I WARREN D.WILLIAMS f 1995 MARKET STREET General Manage-Chief Ergincer .,� re RIVERSIDE,CA 92501 951.955.1200 951.788.9965 FAN RECEIVED " •" www.floodcontrol.co.riverside,ca,us ����RYAT3aK � JUN 2 9 7.007 RIVERSIDE COUNTY FLOOD CONTROL .Engineering Div!R;-- AND WATER CONSERVATION DISTRICT June 26,2007 iS 1 Mr- Marcus L. Puller F City of Palm Springs j 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 i Dear Mr.Fuller: Re: Notice o£intent to Adopt a Mitigated ! Negative Declaration for the South Palm Canyon Drive Widening Project N This letter is written in response to the Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the South Palm Canyon Drive Widening Project. The proposed project would consist of widening approximately 1,100 linear feet of South Palm Canyon Drive. The proposed widening would occur approximately 500 feet south of Murray Canyon Drive to 900 feet south of Bogert Trail in the i city of Palm Springs,Riverside County. I4 The Riverside County Flood Control and Water Conservation District has the following comments/concerns that should be addressed in the Initial Study(IS): 1. Construction projects that result in the disturbance of I or more acre of land (or less than 1 acre if part of an overall plan of common development) may require coverage tinder the State Water Resources Control Board's (S WRCB)National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction. ,,etivity (Construction Activity General Peruut). Copies of the Construction Activity General Permit and Fact Sheet may be obtained from the SWRCB website (www.swrcb-ca-gov). 2. The City of Palm Springs is a co-permittee under the NPDES Municipal Stormwater Permit for the Whitewater River Watershed. Thus, the City should ensure that the proposed project complies with the stormwater permit requirements- In that regard, the proposed development should include any necessary stormwater quality controls described in Supplement A "New Development Guidelines" and the Attachment to Supplement A "Selection and Design of Stormwater Quality Controls". The City should have copies of these documents or they can be viewed on the District's website at f http://www.floodcontol.co.riveiside.ca.us/stormwater/, Since these issues could substantially affect development plans and costs, project proponents should be made aware of the stormwater permit requirements as early as passible during the project review process. The IS should address this issue and include any necessary mitigation measures. l _7I I Mr.Marcus L. Fuller -2- June 26,2007 Re: Notice of Intent to Adopt a Mitigated j Negative Declaration for the South Palm Canyon Drive Widening Project 14 I 3. The Initial Study states that construction of the bridge expansion and alteration of the channel may require a Section 404 Authorization, a Section 401 Certification and a Section 1602 Streambed Alteration Agreement. Please be advised that all regulatory permits required for the proposed activity within District rights-of-way must address both construction and subsequent long term maintenance activity. TWmk you for the opportunity to review the MND. Please forward any subsequent environmental documents regarding the project to my attention at this office. Any further questions concerning this letter may be referred to Jason Swenson at 951.955.8082 or me at 951.955.t233. Very truly yours, 4, TERESA TUNG Senior Civil Engineer -Ljr I c: TLMA Attu: David Mares Ed Lot? JDS:mcv PKI14407 i r N y € k i HMO pNT OK �,y p United States Deparbnent of the Interior FISH AND WILDLIFE SERVICE a'�pcH a.+g'9 Ecological Services U Carlsbad Fish and Wildlife Office 6010 I-Ildden Valley Road Carlsbad,California 92011 In Reply Refer To: FW S-ERIV-5381-1 03 July 2007 Mr. Marcus Fuller City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 Subject: City Project 05-03 South Palm Canyon Drive Widening Project Dear Mr. Fuller: The Fish and Wildlife Service(Service) has reviewed the Initial Smdy/Mitigated Negative Declaration(IS/MND) for the South Palm Canyon Widening Project provided to our office by City of Palm Springs (City). As you know, the Service continues to work with the jurisdictions of the Coachella Valley on the Multiple Species Habitat Conservation Plan. We have an ongoing interest in projects that may impact rare, threatened and endangered species within and outside the context of that planning effort. In our review of the IS/MND, we did not find any mention of the Casey's June beetle(Dinacoma caseyi). The Service has been petitioned to list the species under the Endangered Species Act of 1973 (as amended; Act). Our 90-day finding indicated that substantial information exists suggesting that listing of this species under the Act may be warranted. A 12-month finding in regards to this species is nearing completion and should be published in the Federal Register in the near future. The available information indicates that the species is a narrow endemic known only from a small area in the south end of the City. Surveys conducted for the Casey's June beetle in the area of the proposed widening project documented species presence on the site in 1995 and again in 1997 (Hovore 1995, 1997), including the presence of flightless females and emergence holes- The species was found on nearby open space in 2004 (Cornett 2004). Given the extremely limited range of the species,the proposed widening of South Palm Canyon Drive could have a substantial negative impact on the status of the species. This is contradictory to the City's finding that the project would have less than a significant impact on biological resources. As currently written, the IS/MND does not address impacts to the Casey's June beetle, and therefore is inadequate in its evaluation of impacts to biological resources- Additional mitigation to offset the impacts to the Casey's June beetle may be required to reach a finding of no significant impacts under the California Environmental Quality Act. Measures that could be considered for incorporation include: acquisition and preservation of occupied Casey's June beetle habitat in the project vicinity(at 3:1), minimization of the project footprint (disturbance on undeveloped parcels) on the west side of South Palm Canyon.Drive, avoidance TAKE PRIDV r INAM1ER[CA. Mr. Marcus Fuller, City of Palm Springs 2 of night lighting within sight of remaining habitat on along South Palm Canyon Drive, and minimization of hydrological changes with the project to maintain suitable soil moisture conditions in the remaining habitat on both sides of South Palm Canyon Drive. It is our understanding that the City has required mitigation for Casey's June beetle in past projects that have impacted its habitat. We appreciate the opportunity to review the IS/MND and provide comments. Please contact Carol Roberts of my staff at(760) 431-9440 if you have any questions regarding these comments or require additional assistance in regards to the needs of the Casey's June beetle. Sincerely, s// Therese O'Rourke Assistant Field Supervisor cc: Kim Nicol, California Department of Fish and Game References Cited Cornett,J.W. 2004. Analysis of the Distribution and Abundance of the Casey's June beetle (Dinacoma caseyi) in Pahn Springs, California,prepared for Smoke Tree Ranch, Inc. Palm Springs, California. Frank Hovore and Associates. 1995- Report of field surveys: Coachella Valley Multi-Species Habitat Conservation Plan,Invertebrates—Palm Springs June beetle(Dinacoma caseyi). Unspecified submission recipient. Hovore, F, 1997. Letter report of field surveys for Casey's ("Palm Springs") June beetle, unspecified submission recipient. AGUA CALICNTC RAND OF CAHUILLA INDIW i TRIBAL PLANNING & DEVELOPMENT June 29, 2007 fl Marcus L. Fuller, P.E., P.L.S. C � Assistant Director of Public Works/ ED Assistant City Engineer p City of Palm Springs3200 East �ninee y1�0' Palm Springs, Canyon y California ornia 92262 RE: South Palm Canyon Drive Widening Project Dear Mr. Fuller: We have reviewed the Notice of Intent to Adopt a Mitigated Negative Declaration for the above referenced project and offer the following comments: The proposed project is within the Reservation and is subject to the requirements of the Tribal Habitat Conservation Plan (THCP) adopted by the Tribal Council in November 2002. Staff has reviewed the project in accordance with the THCP and notes that the project is located within the Valley Floor Conservation Area (VFCA) and is partially within Desert Tortoise modeled habitat. We recommend that the following mitigation measure be imposed on the project: i 1. Prior to issuance of grading permits,•that the applicant pay the Tribal Habitat Conservation Fee in effect at the time that grading permits are issued. The current fee is $2,371 per acre. Please note that the Tribe is in negotiations with the U.S. Fish & Wildlife Service (USFWS) to secure its approval of a revised THCP and issuance of a 10(a) Permit. One of the species being included in the revised THCP is the Casey's June Beetle (CJB) which is being considered for listing as an endangered species by the USFWS. It is the Tribe's recommendation that you contact the Carlsbad office of the USFWS to determine what, if any, impacts this project might have on the CJB and what mitigation might be necessary. i If you have any questions please contact me at 883-1326. I Very truly yours, Margaret ff. Park, AICP Director of Planning AGUA CALIENTE BAND OF CAHUILLA INDIANS C: Therese O'Rourke, USFWS-Carlsbad Barry Jones, HELIX Environmental 777 EAST TAHPUITZ CANYON WAY, SUITE 301 , PALM SPRINGS, CA 92262 Y 760/32S/.9400 E 700/325/6952 AGUAGALIENTr,Qf?0 .Xf+Y r�66�j V 123 r `%tOF Fun� c#JN 'rG 4 Y STATE OF CALIFORNIA IS GOVERNOR'S OFFICE of PLOWING AND RESEARCII STATE CLEARINGXIOIISEAND PLANNING UNIT i CV14THIABRYAM p fauotnscmvARxst cce¢ RECEIVED oxacroR covenxtaR June 28,2007 JUL 0 6 7007 Engineering Divisbr Marcus Fuller 2 City of Palm Springs 3200 E.Tahquitz Canyon Way P.O.Box 2743 Pahn Springs,CA 92263 j Subject: South Palm Canyon Drive Widening Project SCH#: 2007051146 �i Dear Marcus Fuller: 1 The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document, The review period closed on June 27,2007,and the comments from the responding agency(ies)is(arc)enclosed. 1f this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten-digit State Clearinghouse number in future correspondence so that we may respond promptly._ Please note that Section 21104(c)of the California Public Resources Code states that: "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency. Those comments shall be supported by specific documentation." These comments are forwarded for use in preparing your final environmental document. Should you need more information or clarification of the enclosed comments,we recommend that you contact the commenting agency directly, This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents,pursuant to the California Environmental Quality Act. Please contact the State Clearinghouse at(916)445-0613 if you have any questions regarding the environmental review process. 3 Sincerely, Terry Roberts Director,State Clearinghouse Enclosures cc: Resources Agency goo loth Street P.0,Box.3044 Sacramento,California 95812-3044 (916)445-0613 PAX(916)323-3018 www.opr.ca.gov I l� G Document details Report State Clearinghouse Data Base SCH# 20070511413 Project Title South Palm Canyon Drive Widening Project Lead Agency Palm Springs,City of Type MN Mitigated Negative Declaration Description D �i South Palm Canyon Drive is currently improved east of the centerline with a curb-to-curb width of 3? feet,and an existing sidewalk contiguous with the easterly curb.The proposed project will widen approx.1,100 linear feet of South Palm Canyon Drive from 32 feet to 64 feet(curb to curb),with an additional sidewalk being constructed adjacent to the westerly curb.The proposed wldening will occur from approx 500 feet south of Murray Canyon Drive to 100 feet south of Bogert Trull,then taper back to existing roadway width at a point of 900 feet south of Bogert Trail.The proposed street widening i"� (and sidewalk construction)will take place within 94 feet of existing right-of-way.The project also it involves the widening of the existing bridge across Chady Creek(also referred to as Arenas Wash 'j North). Lead Agency Contact Name Marcus Fuller E u Agency City of Palm Springs Phone (760)323-8253 Fax email Address 3200 E.Tahquitz Canyon Way RO.Box 2743 City Palm Springs State CA Zip 92263 Project Location County Riverside City Palm Springs Roglon Cross Streets South Palm Canyon Drive and Murray Canyon Drive { Parcel No. II Township Range Section Base Proximity to: Highways SR 111 Airports Palm Springs Railways p Waterways Cherly and Arenas Creeks @; Schools Land Use Existing two Jane roadway proposed to be widened to four lanes Project Issues AesthetictVisual;Alr Quality;Archaeologic-Historic;Biological Resources;Drainage/Absorption;Flood Plaln/Flooding;Geologic/Seismic;Landuse;Noise;Public Services;Soll ErosioniCompactlon/Grading; Toxic/Hazardous;Traffic/Circulation;Vegetation;Wafer Quality;Wetland/Riparian;Wildlife Reviewing Caltrans,Division of Aeronautics;Air Resources Board,Transportation Projects;Caltrans,District 8; Agencles California Highway Patrol;Colorado River Board;Department of Conservation;Department of Water Resources;Department of Fish and Game,Region 6;Office of Historic Preservation;Native American Horitage Commission;Department of Parks and Recreation;Regional Water Quality Control Board, Region 7;Resources Agency;Department of Toxic Substances Control;Caltrans,Division of Transportation Planning Date Received 0 5/2 912 0 0 7 Start o£Review 05129/2007 End of Review 06/2712007 Note: Blanks in data fields result from insufficient information provided by lead agency. Q n i RESPONSE TO COMMENTS--NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION SOUTH PALM CANYON D121VE WIDENING—CITY PROJECT NO. 05-03 ATTACHMENT EXHIBITS RELATED TO RESPONSE #3 Response to Comments 4 Y gy July, 2007 £� d�oxMx USGS QUADRANGLE MAP jr /_' ��N�ti�• vJIY Yr • ..y lNll1AN • 61d t:0--�� /! la ��i-~-��i r.r.... �•i'ri tEJ iI rf -Tn:cIe._p�.a^,...._r'_� �`114� f `t ., er . 1. ,I -...-...- :..Y•=17:1'a �Ikll r� x.I:f?�'�':..'' .:."�. •�.Y) .I„ - i � • . ��`:��� � i V ti�ti . _ __ l�� nir=1-i..q4-t.'�i:,p.r.'.";"..�'... .Fr..:,�,"�: 'I _- .k` .,•,•....a. _.r` '='_�'�,'`;��-::( �ILw �lll;l;' e��`;w°�;':p_y�''.S'�'r;��T�r�"T':^ �--. . •" .�,�"if`,^.� � ,r L^�- �•'u stir L'L. .ti r[ i.: "_II r-�fr".d-�l lei. _ ' �I .•� .�-'� " mow...J.: -, ':: •J S'r. —�'r�-..l-n' ,a-� rF., �yri. ICI 'k �i: •,,i ;Jp .Sr..:�: :q:-l' `e°[`•- Kh•_. c ti r ,a..i•'S':l - ,'r:�"� ti__•_ fill :L _f 'rs.� i i�i ;.y ua�*' I r��w1ui' ,�t,rfi^'.•._ }_� .\ i - NCI ': •3: cro `f cn�d� ..+�' I i! ,r�' :... 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Va VI61.M w N cityGZS C'rLfFP0.H�F Copyright 92006 all Rights Reserved The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. llttp://mapSLdigitalmapceutral.coin/production/CityGIS/vO7_01_0')6/indexALhtml 9/10/2007 PROJECT SITE PHOTOGRAPH #1 - .G,.wAv, .4_ � �•� :yF,i�rf�6lvi'm�la.'Mh,� ,. �.. `.��. -.,?i Hied'- �'�y1�' _ _ _ •tom{_•:�• _ -- V _ '_Y'� - - _ .-_-� _el`=�yy1�.:.r Ift IT I �:. ;�t .� �•• _ -.__ _ _ _ � :�'.��-0,'-_ mil';��!, ; �YY' :...•. .^ �� �' r�.`���,. u�F� ? •I. ���J{ r .�.r I�� t� �y',' .one_"7i .�..�:`�� �, "E - •..a -K h"."'T_ - .ate y,r �._�` CBOn 122 PHOTOGRAPHPROJECT SITE r +�, "�.,`'"�`• vim..-.--` LLLL I � PROJECT SITE PHOTOGRAPH #3 i R �.r}CH•�.�LY�y a.. f - �• - is .'�., - � ... ��p!q�' a aw:�J.YW;aCy�nL �1111Ac3 .�� PROJECT SITE PHOTOGRAPH #4 171 F PROJECT SITE PHOTOGRAPH #5 RIP _ T • '1'� .A��.�.:i� _ .!'rot yw�. .__ o ; - PROJECT SITE PHOTOGRAPH #6 N- 4.Q x]s' mow.•:�M➢d+'�. � r•-� T.._ ____ ._ A`. _ _. ,i:�w: -. -G:sS:��, ' ;.:ww.`Nr vy,>y. �.., „W- _ ��m . . '. . `°�rrp'r:, ..x • .T$All't•.�.'n�i y � (.. i ?' •� ,V..� ? -_ ..��.'•" !�. L,pn. �' may...h: - .�yra�1.,, PROJECT SITE PHOTOGRAPH #7 d. .«rR1r T•y - ter'.n- { �r � _ ..MCI t PROJECT SITE PHOTOGRAPH #8 ppvr— �ypJ .��sq .. -'.E.`t. .-/•-i __ _V _ .- _`_`.-.--"^^'y�YMG�hi:�..r�.�M_�'D�r _ -� 1. •M�•1. '� .r ^`ll'tn� < � TJ�.'MMN+■•�,�.ic�.� Tn' .:� _ auaF;�"Hnrh.�"i='!,. ..r?:, ^.,r"•-ti ._ ��. , ., � - •ate �� ^.i�K'.L•�.._4^ jt PROJECT SITE PHOTOGRAPH #9 r�s• w+ Xr f��^ 9_4 ' s.��t ►.lIL .ram. •Jr^... _ __ - • . .:1�� ..*7.. .,_: _: - ,,��6yy4r��,� 'Cc ,., ATTACHMENT RESOLUTION RESOLUTION N0, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AND ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, AND APPROVING CONCEPTUAL PLANS FOR IMPROVEMENTS TO WIDEN SOUTH PALM CANYON DRIVE BETWEEN MURRAY CANYON DRIVE AND BOGERT TRAIL TO FOUR LANES, INCLUDING WIDENING THE EXISTING BRIDGE OVER CHERLY CREEK (ARENAS NORTH DRAINAGE. CHANNEL), SECTIONS 34 AND 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST WHEREAS, the City of Palm Springs has prepared conceptual plans for the widening of South Palm Canyon Drive from two (2) to four (4) lanes between Murray Canyon Drive and Bogert Trail, including a widened bridge structure and associated improvements within Cherly Creek (Arenas North drainage channel) ('Project"); and WHEREAS, the Project is included in the 2006 Regional Transportation Improvement Program adopted by the Southern California Association of Governments; and WHEREAS, the Project is also included in the 2006 Regional Transportation Plan approved by the Federal Highway Administration and Federal Transit Administration; and WHEREAS, the Project implements the goals and policies of the General Plan; and WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act, an Initial Study was prepared and staff found that with the incorporation of mitigation measures, the Project could not have a significant effect on the environment; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the Project, and to review and provide comment on the draft Mitigated Negative Declaration and Project was given in accordance with applicable law; and WHEREAS, on September 19, 2007, a public hearing to consider the Project was held by the City Council of the City of Palm Springs in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the public hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. Resolution No. Page 2 THE CITY COUNCIL DOES HEREBY FIND AS FOLLOWS: Section 1: Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, a Mitigated Negative Declaration of environmental impact was prepared and circulated for a 30-day public review period ending on July 3, 2007. The Mitigated Negative Declaration adequately analyzes the general environmental setting of the proposed project, its potentially significant environmental impacts, and the alternatives and mitigation measures related to each potentially significant environmental impact for the proposed project; and it has determined that there are no potentially significant impacts associated with the project- Section 2: The proposed project implements the following goals and policies of the General Plan: Policy 7.7.3 (b) Major Thoroughfares: High capacity streets, of four or more lanes, which form the basic elements of the City's circulation system, connecting Palm Springs to regional highways and tying together the sections of the City. They have a limited number of cross streets and provide stacking and turning lanes and may have a landscaped median, especially where it helps to maintain an appropriate level of service. Policy 7.2.5: Make selective street improvements at problem intersections and bottleneck locations to improve specific traffic operations and safety, with all such improvements to be considered selectively on the basis of specific studies of the affected intersection and streets, and the impacts on the surrounding area and on pedestrian activity. NOW, THEREFORE, BE IT RESOLVED, that based upon the foregoing, the City Council adopts and orders the filing of a Mitigated Negative Declaration and approves conceptual plans for the widening of South Palm Canyon Drive from two (2) to four (4) lanes between Murray Canyon Drive and Bogert Trail, including a widened bridge structure and associated improvements within Cherly Creek (Arenas North drainage channel). ADOPTED this 19th day of September, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 19, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (a CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: September 19, 2007 Subject: THE WIDENING OF SOUTH PALM CANYON DRIVE FROM TWO (2) TO FOUR (4) LANES BETWEEN MURRAY CANYON DRIVE AND BOGERT TRAIL, INCLUDING A WIDENED BRIDGE STRUCTURE AND ASSOCIATED IMPROVEMENTS WITHIN CHERLY CREEK (ARENAS NORTH DRAINAGE CHANNEL) AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on September 6, 2007, in a sealed envelop, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (91 notices mailed). I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 6, 2007. 1 declare under pen��allty'of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on September 8, 2007. 1 dec1lla�re1 under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk (j 512200024 512200022 512200005 USA BIA USA BIA USA BIA 512200004 512180010 513460018 USA BIA USA BIA CT-EAGLE CANYON LLC 512180011 513460032 512271001 USA BIA USA 513 USA BIA. �-1�1-cool 512290036 512290037 512290038 IRP EL PORTAL ASSOC IRP EL PORTAL ASSOC IRP EL PORTAL ASSOC 17300 17TH ST 3212 17300 17TH ST J212 17300 17TH ST J212 TUSTIN,CA 92780 TUSTIN,CA 92780 TUSTIN, CA 92780 512290039 512290040 512290041 IRP EL PORTAL ASSOC ALTA NEIGHBORHOOD ASSN IRP EL PORTAL ASSOC 17300 17TH ST J212 5000 BIRCH ST 3000 17300 17TI•I ST J212 TUSTIN,CA 92780 NEWPORT BEACH,CA 92660 TUSTIN,CA 92780 512300032 512300033 512300046 IRP EL PORTAL ASSOC IRP EL PORTAL ASSOC IRP EL PORTAL ASSOC 17300 17TII ST J212 17300 17T14 ST 1212 17300 17TH ST J212 TUSTIN,CA 92780 TUSTIN,CA 92780 TUSTIN,CA 92780 512300060 512300061 512300062 IRP EL PORTAL ASSOC MCTAVISH,TIMOTHY J ALTA NEIGIBORHOOD ASSN 17300 17TH ST J212 115 PALOMA AVE 5000 BIRCH ST 3000 TUSTIN,CA 92780 LONG 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GRECO CT 1099 E SIERRA WAY PALM SPRINGS,CA 92262 PALM SPRINGS,CA 92264 PALM SPRINGS,CA 92264 513543006 513543007 513543008 MATARAZZO,LUCINDA MARTIN,PAUL C M&M TRUST 11140 ARCO DR 16507 LAKE AVE 2868 LA CADENA CT ESCONDIDO,CA 92026 LAKEWOOD,OFI 44107 PALM SPRINGS,CA 92264 513543009 513543010 513543011 HESSON,GREGORY HIGBEF„RANDALL BERTRAND SOMERVILLE,KATHRYN 2866 LA CADENA CT 2104 PAC COAST HIGHWAY 2853 LA CADENA CT PALM SPRINGS,CA 92264 HUNTINGTON BEACII,CA 92648 PALM SPRINGS,CA 92264 513543012 513543013 513543014 READY,DAVID H BLOCK,ARTHUR S &KATFILEEN L DICKINSON,RICIIARD L&S14EILA A 2865 LA CADENA CT 38635 MARACAIBO CIR W 9640 WHIRLAWAY ST PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264 ALTA LOMA,CA 91737 513543015 513543016 LOPATIN,EDWARD J SCHWARTZ,CARL 240 N CANYON CIR 15 1704 E CAMPUT DR PALM SPRINGS,CA 92262 TEMPE,AZ 85282 PROOF OF PUBLICATION This is space for County Clerk's piling Stamp (2015.5.C.C.P) No. 2799 - NOTICE OF PUBLIC HEARING CITY COUNOf4 CITY OF PALM SPRINGS STATE OF CALIFORNIA South Palm Ca on Drive Widening Project- County of Riverside City fYro ect No.05-03 Applicant:City of Palm Spdnga NOTICE Is HEREBY GIVEN that the Clty Council of the City of Palm Springs California, will hold a public heering at its meeting of September 19, 2007. The Clty Council mbalinqq begins 3t 6:00 P.M. in the Council ChImber at City Hall, 3200. BaBt Tahqukz C)riyon Way, Palm Springs. PROJECT DESCRIPTION: The Clty of Palm I am a citizen of the United States and a resident of Springs proposes Inc widening of South Palm Canyon rivr; from two (2) to sour (4) l anes ba- the County aforesaid;I am over the age of eighteen careen Murray Canyon Dnvc and Bogen Trail, in- years,and not II party to or interested in the eluding a widened bgdgs structure vnd a ssoclat- y v P �r ed imprpvemanie wittim Chatty Creek (Arenas above-entitled matter.I am the principal clerk of a North dramago channel). printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, ® cuevin,nr�ucuawne. ) printed and published in the city of Palm Springs, v,mnlnu�o County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of _ California under the date of March 24,1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller _ t iWl than non pariel,has been published in each regular CITY or PALluealn-s and entire issue of said newspaper and not in any ­ supplement thereof on the following dates,to wit: September 8",2007 �- ^ ...--- ENVIRONMENTAL DETERMINATION:Thu City has rmirwed and considered the proposed pro- Icct and has dotcrmined that the proleci may. ..,....—....._...-W-- -- --.--.--.--_---_-------_----- have potentially significant uffacts, but mitigation mapyums shall be reqquired that will reduce ell po- All in the year 2007 tuntially slgniticanl aRecis on the Cnvlmnment la a less that)ulgnifleant level,The Cittyy herebyy pre- parks and proposes to ado ppt a MI[igatad Ne s- I certifyor declare under anal of perjury that the live Declerystlen for this proJecl Members of hC ( ) p P 1 y %brklc ,""atl view this ment at the Public foregoing is true and correct. g Department Clty Hall, 3200 East T"quitz Canyon Way, Palm ling and supmll written comments in, or prior{?, the Dated at Palm Springs,California this -1Oo' dayClry"Council hearing. - - - ° u REVIEW OF PROJECT INFORMATION:The staff - report and other supporting documents regarding ot----------7WV eF w= ------•----------- ZO07 this matter are avmlable for public ruvlew at CIryry Hall between the hours of 9:00 a.m. and 5:00 pp m. Monday througgh Fnday Please contact the Oigc: of the Clty Clerk at 660) 323-8204 if you would like to schedule an appointment to review these documents. --�- COMMENT ON THIS APPLICATION: Response -------"----_--_--"------ to thls notice may be made verbally ar the public -• Si natut hearing and/or in writing balers the hearing9�Writ- C-? g to comments may be made to me City Gouncll _ by later(mall or hand dellvery) to ez� James Thompson, City Clerk ? 3200 East Tahqultz Canyyon Way Palm Springs, CA 92262 - jAny challenge of the proposed pro)oet In court )nayy be Ilmlf,d to raising only those issues raixd �.1�•Q� at Ehe public hearing described In this notice. or In written correspondence delivered to the City V) Clerk at, or pnor to the ppublic hearing. (Govurn- _� plant Coda Section 65OO9[b][2D. An opportunity will be glvon at said hearing For all c� Intereglad persons to bu heard.questions regard- n9 this case may be directed is Marcus Fuller, Englneering Dopartment, (760) 323-9253, ext. 67 g4, SI naceV ayuda can eats Cana,porfavor home a la Ciudad de Palln SpYings y puede hablor can Fclpe Primers: pG0) 323-6253, ext. 8742. ernes Thompson Iry Clo�rc Published;9/8/2007 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS South Palm Canyon Drive Widening Project City Project No. 05-03 Applicant: City of Palm Springs NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of September 19, 2007. The City Council meeting begins at 6:00 P.M. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. PROJECT DESCRIPTION: The City of Palm Springs proposes the widening of South Palm Canyon Drive from two (2) to four (4) lanes between Murray Canyon Drive and Bogert Trail, including a widened bridge structure and associated improvements within Cherly Creek (Arenas North drainage channel). ENVIRONMENTAL DETERMINATION: The City has reviewed and considered the proposed project and has determined that the project may have potentially significant effects, but mitigation measures shall be required that will reduce all potentially significant effects on the environment to a less than significant level. The City hereby prepares and proposes to adopt a Mitigated Negative Declaration for this project. Members of the public may view this document at the Public Works and Engineering Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City Council hearing. REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this matter are available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the public hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (mail or hand delivery) to: James Thompson, City Clerk 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Marcus Fuller, Engineering Department, (760) 323-8253, ext. 8744. Si necesita ayuda con esta carts, porfavor Ilame a la Ciudad de Palm Springs y puede-hablar con Felipe Primera: (760) 323-8253, ext. 8742. ,J ` es Thompson, City Clerk _ Rp�•w SA Department of Public Works I f OF 4' v, !, Vicinity Map `gtrra a�'r _`Acp MI ray- y you-or //At. J- _ r' _ - �- xum WM ourcer T�MW �r emlP�lCc 1 a„xlcnw .�_ adna I ` N�"me�^^P Yo'M1� YI mllagro Vl,..,• �.v.rux +mbh nry+vaw:rw,3„FaW.NnAb4��%rem �7n II CITY OF PALM SPRINGS CASE NO: DESCRIPTION: City Project No. 05-03 Widening of approximately 1,100 linear feet of South Palm Canyon Drive Widening South Palm Canyon Drive from approximately APPLICANT: 500 feet south of Murray Canyon Drive to 100 feet south of Bogert Trail, with pavement transition extending 900 feet south of Bogert City of Palm Springs Trail within existing right-of-way. The project Department of Public Works & Engineering includes the widening of the existing bridge structure across Cherly Creek (also referred to as Arenas Wash North). EA Office of:he Ciay Clerk 2m^oaare' v F i?00 L 1:ihiqui[z C.myun Way ' Palau Spriugv, Caliliirnla 91162 C_q FO R0�\,/"� 1c1: (760) 32�-820 i ' Fax (NO) 5M-8;52 ^ Web. wwwpalmsprings-Ca.,Ov September 6, 2007 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado: RE: City Council Meeting —September 19, 2007 South Palm Canyon Widening Project— CID 05-03 The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on September 19, 2007. Enclosed are nine copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location, as shown on the attached list Please feel free to contact me if there are any questions or concerns, 323-6206. Sincerely, Kathie Hart, CIVIC Chief Deputy City Clerk /kdh PHN fe GJA-CP 05-03 09-19-2007.dm Encl: Public Hearing Notice (9 copies) Envelopes w/ postage Post Office Box 2 743 0 BaI111 5pri11,;s, California 92263-274.3