HomeMy WebLinkAbout2/16/2005 - STAFF REPORTS (4) DATE: February 16, 2005
TO: City Council
FROM: Interim Director of Planning Services and Director of Public Works
CASE 5.0929 — APPLICATION BY THE CITY OF PALM SPRINGS TO WIDEN GENE AUTRY
TRAIL FROM TWO TO SIX LANES BETWEEN VISTA CHINO AND VIA ESCUELA AND FROM
TWO TO FOUR LANES BETWEEN VIA ESCUELA AND THE APPROACH TO THE UNION
PACIFIC RAILROAD BRIDGE THROUGH THE WHITEWATER RIVER WASH, SECTIONS 6
AND 31, T4S, RSE.
RECOMMENDATION
That the City Council:
1. Order the filing of a mitigated negative declaration including revisions to Mitigation
Measure BIO-3 contained in Attachment 6.
2. Approve the application to widen Gene Autry Trail from two to six lanes between Vista
Chino and Via Escuela and from two to four lanes between Via Escuela and the
approach to the Union Pacific Railroad Bridge through the Whitewater River Wash.
3. Direct staff to undertake the following measures related to this project:
a. Pursuant to the measures included, if any, in the Programmatic Biological
Opinion issued for the Gene Autry Trail Railroad Bridge Widening Project;
Incorporate wildlife undercrossings as may be proposed by the U.S. Fish and
Wildlife Service.
b. Pursuant to the measures included in the Final Coachella Valley Multi Species
Habitat Conservation Plan adopted by the Coachella Valley Association of
Governments (CVAG) and the local agencies, work with CVAG and the U.S. Fish
and Wildlife Service to identify a funding plan for the ultimate Gene Autry Trail
Bridge over the Whitewater River, and implement the Bridge when funding is
available.
SUMMARY
The Planning Commission, at their meeting of November 10, 2004, voted 7-0 to recommend
that the City Council order the filing of a mitigated negative declaration and approve the
application to widen Gene Autry trail from two to six lanes between Vista Chino and Via Escuela
and from two to four lanes between Via Escuela and the approach to the Union Pacific Railroad
Bridge through the Whitewater River Wash.
A letter was submitted to the Planning Commission on the day of the hearing by Worden
Williams on behalf of the Sierra Club and the Center for Biological Diversity requesting the
Planning Commission defer action on the item until a study of the undercrossings is completed.
Staff reviewed the Worden Williams request and determined that appropriate adjustments to
Mitigation Measures BIO-3 could be made whereby a study to evaluate alternatives using the
best available information could be conducted at the time that Gene Autry Trail is widened to six
lanes. Staff recommended that the Planning Commission approve the project and allow staff to
Page 1
D
continue working with the various agencies with respect to approvable mitigation language for
BIO-3. The revisions to BIO-3 are discussed in further detail in the `Update on Environmental
Assessment' section of this report.
Pursuant to Section 15073.5(c) of the California Environmental Quality Act (CEQA),
recirculation of the revised Mitigated Negative Declaration is not required because mitigation
measures are being replaced with equally or more effective measures, revisions to the project
are being added in response to written comments on the project's effects and are not new
significant effects, measures are being added after circulation of the negative declaration which
are not required by CEQA and do not create significant environmental effects and are not
necessary to mitigate an avoidable significant effect, and new information is being added to the
negative declaration in order to clarify information.
BACKGROUND
The proposed project will widen Gene Autry Trail from two to six lanes between Vista Chino and
Via Escuela and from two to four lanes between Via Escuela and the approach to the Union
Pacific Railroad Bridge through the Whitewater River Wash. The four-lane segment crosses the
Whitewater River. The widened roadway would have an 86-foot cross-section in the six-lane
segment, and a 64-feet cross-section in the four-lane segment. Through the Whitewater River
Wash, travel lanes will be 12 feet wide separated by a 4' wide striped median and two 8-feet
wide shoulders usable by bicycles. Between Vista Chino and Via Escuela, travel lanes will very
in width from 11 feet to 14 feet, with the travel lanes separated by a raised 14 feet wide median.
The project will also include the installation of an 8-feet high noise wall along the west side of
the roadway between Vista Chino and Via Escuela and a new traffic signal at the intersection of
Gene Autry Trail and Via Escuela. In order to reduce noise impacts on existing residents, the
project will widen the roadway to the east, away from existing homes in the Vista Chino to Via
Escuela segment.
This $3.5 million road widening project is 100% funded by CVAG through regional Measure A
funds and connects to a separate federally funded City project, which will widen the Union
Pacific Railroad Bridge from two to six lanes, extending to the Salvia Road intersection. That
project has received federal funding and is therefore subject to separate federal environmental
requirements. A third project, being processed by Riverside County and CVAG in coordination
with Caltrans and the Federal Highway Administration will widen the freeway overcrossing to six
lanes in order to improve the capacity of the freeway interchange. The combined projects will
improve Gene Autry Trail between Vista Chino and 1-10 and address circulation system
deficiencies that exist in the area.
GENERAL PLAN CONSISTENCY
The roadway widening project implements the General Plan for Gene Autry Trail because it is
designated as a major thoroughfare. The project is consistent with the General Plan for the six
lanes between Vista Chino and Via Escuela and will be an interim improvement for the four
lanes that are proposed to be built through the wash. Only when traffic volumes require
additional capacity through the wash will the City expand Gene Autry Trail to 6 lanes in the
wash, and in that case it is anticipated such a facility would be an above grade bridge crossing
to avoid environmental impacts and to accommodate the flood control capacity of the
Whitewater River Wash. Due to the estimated cost of the bridge project, the ultimate bridge
project has not been scheduled at this time. Further, the traffic impact analysis for the project
indicates that Gene Autry Trail will function at level of service (LOS) C with estimated 2030
Page 2
traffic volumes, indicating that beyond 2030 there is no potential need to widen this segment
beyond 4 lanes.
ANALYSIS
The Gene Autry Trail Widening Project has been under City review since 2001. The project has
been delayed as Caltrans, CVAG, the Federal Highway Administration, and the US Fish and
Wildlife Service negotiated over environmental concerns relating to impacts to endangered
species at five proposed interchanges along 1-10 and the associated arterials. These concerns
have now been resolved; the results of these negotiations are reflected in two documents:
1. Conservation Plan Addressing the Direct, Indirect and Cumulative Effects of Interstate
10 Coachella Valley Interchange Projects, Caltrans, August 2003.
2. Programmatic Biological Opinion for Five Interchanges and Associated Arterial
Improvement Projects along Interstate 10, US Fish and Wildlife Service, September 11,
2004.
In summary, these two documents call for CVAG to acquire more than 1,700 acres of open
space as mitigation for the five 1-10 interchanges currently planned for expansion in the
Coachella Valley, including the associated arterials, including Gene Autry Trail. For the Gene
Autry Trail Widening project between Vista Chino and the Union Pacific Railroad Bridge, CVAG
committed to purchase 115.04 acres of open space to mitigate for direct and indirect effects of
the project; these lands have already been purchased. In addition, the Biological Opinion
requires 21 additional measures to protect endangered species along the Gene Autry Trail
corridor.
ENVIRONMENTAL ASSESSMENT
The City of Palm Springs, in its capacity as the lead agency for this project, under the California
Environmental Quality Act (CEQA) evaluated the potential environmental impacts of the project
through the preparation of an Initial Study for Case No. 5.0929. The City of Palm Springs has
determined that the Gene Autry Trail roadway widening between Vista Chino and the approach
to the UPRR Bridge will not have a significant impact on the environment with the incorporation
of mitigation measures and a Mitigated Negative Declaration (MND) has been prepared. The
Initial Study meets the requirements of the State of California CEQA, the State CEQA
Guidelines, and the City of Palm Springs' Guidelines for the implementation of CEQA.
The Initial Study was distributed to local, regional, and state agencies, and other interested
parties for a 30-day public review period. A Notice of Intent to adopt a Mitigation Negative
Declaration was published in accordance with State Law with the review period ending on
September 13, 2004. The following agencies submitted comments on the Initial Study:
• Native American Heritage Commission
• Worden Williams representing the Sierra Club and Center for Biological Diversity
• Agua Caliente Band of Cahuilla Indians
• U.S. Fish &Wildlife Service (USFWS)
• Sunline Transit Agency
Issues raised in the comments included restrictions on wildlife and sand movement across the
roadway through the Whitewater River should it ever be widened to six lanes, that the Caltrans
Page 3
mitigation bank referenced in the Initial Study is insufficient to mitigate the impacts of the project
because it has not been finalized, and that the environmental review for the Gene Autry Trail
roadway projects is being piecemealed.
With respect to wildlife movement across the roadway, the document does not analyze the
future widening of Gene Autry Trail through the Whitewater River to six lanes. The roadway
widening to six lanes would require independent environmental review as a separate future
project. In addition, several issues need to be addressed before wildlife undercrossings in the
four-lane segment could be considered, including: difficulty in maintaining the undercrossings
due to sand movement, determining actual movement patterns of targeted species across the
roadway, and whether undercrossings or bridges are the appropriate solution.
With respect to piecemealing environmental review of the project and the Caltrans mitigation
bank, the project participates in the Conservation Plan Addressing the Direct, Indirect, and
Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects ("Conservation Plan"),
which will provide mitigation equivalent to that currently proposed in the Draft Coachella Valley
Multi Species Habitat Conservation Plan (CVMSHCP). The Conservation Plan was "approved"
in a Cooperative Agreement between FHWA, USFWS, Caltrans, and CVAG and is subject to
further review and approval by resource agencies, which typically occurs after approval of the
CEQA document for the individual projects. Lastly, 115.04 acres of open space for
conservation purposes specifically required as mitigation for Gene Autry Trail as outlined in the
Conservation Plan has already been acquired. Therefore, not only has a strong mitigation
program been proposed, the related mitigation has already occurred.
Subsequent to the comments received on the Initial Study from the Agua Caliente Band of
Cahuilla Indians, the Tribe has chosen not to assume permitting authority under the Tribal
Habitat Conservation Plan because the majority of the project falls outside the Reservation, and
a comparable mitigation program has been established.
Staff carefully considered and responded directly to all the comments received, and made
appropriate changes to the MIND. A revised MIND was presented to the Planning Commission
on November 10, 2004, where the Planning Commission unanimously recommended City
Council approval of the revised MIND.
UPDATE ON ENVIRONMENTAL ASSESSMENT
During the November 10, 2004 Planning Commission meeting, Worden Williams, representing
the Sierra Club and the Center for Biological Diversity, presented an additional comment letter.
This letter, contained in Attachment 4, acknowledged that the City had addressed most of their
previous concerns, but one outstanding issue remained: the potential need for wildlife
undercrossings as part of the proposed project. Both Mr. Brechtel and the USFWS had
requested the consideration of such crossings in their original comment letters to the City.
The Draft CVMSHCP also refers to such undercrossings, stating that they should be
implemented when Indian Canyon Drive and Gene Autry Trail are widened to six lanes or the
year 2038-2039, whichever comes first. The USFWS has supported this Draft CVMSHCP
requirement. The City has been consistently concerned that these undercrossings were not
sufficiently defined and could be prohibitively expensive. Given the undefined nature of the
proposed undercrossings, the revised MND proposed a mitigation measure (BIO-3) that the City
further study the potential need and design for such undercrossings prior to the 2038/2039 year
identified in the Draft CVMSHCP.
Page 4
The Worden Williams letter in Attachment 4 requests that the City of Palm Springs, as mitigation
for the widening of Gene Autry Trail from two to four lanes across the Whitewater River, commit
to installation of wildlife movement undercrossings as part of the project. The letter cites the
Administrative Draft (now Draft) CVMSHCP condition listed above as the reason for the
provision of future undercrossings.
Staff does not agree that the four-lane widening creates the need for undercrossings because
staff does not agree that the Draft CVMSHCP requires such undercrossings as a condition of
the four lane widening.
As presently drafted, the CVMSHCP notes the need for the provision of undercrossings when
the roadways (Gene Autry Trail and Indian Canyon Drive) are: 1) widened to six lanes, or 2) the
year 2038-39, whichever comes first. Since the first part of the condition addresses widening
the roadway to six lanes, it is not applicable at this time since the City is only contemplating
widening to four lanes. The second part of the condition, "the year 2038-2039, whichever
comes first," is applicable in any condition: the existing two lane road, the proposed four-lane
road, or a future six lane road. If this condition is contained in the final adopted CVMSHCP, it
would require the installation of such undercrossings, even for the existing two-lane roadway;
therefore the proposed mitigation for undercrossings is not a condition of widening Gene Autry
Trail to four lanes.
However, staff takes the comment and potential condition quite seriously. In order to resolve
the issue, staff met on January 28, 2005, with John DiGregoria and Pete Sorensen of the
USFWS. The purpose of this meeting was to define "wildlife undercrossings" as they applied to
this project. USFWS staff clarified their definition of "undercrossings" through the Whitewater
River as an elevated bridge, not below grade box culverts, for the movement of wildlife and
sand transport. Previously, staff had assumed the proposed undercrossings were below grade
structures leading staff to suggest the previous BIO-3 mitigation measure requiring a feasibility
study on the benefits of an undercrossing prior to construction. Further, at the meeting USFWS
staff stated their objectives as follows: In addition to the 115 acres of open space required as
mitigation by the Conservation Plan for this project, the USFWS requests the following
environmental mitigation:
1. Installation of box culverts of sufficient size under the south approach to the Gene Autry
Trail railroad bridge. The culverts would allow for wildlife movement and sand transport
under the widened and elevated bridge approach and embankment south of the Union
Pacific Railroad.
2. The ultimate construction of a Gene Autry Trail Bridge over the Whitewater River, a
distance of approximately 6850 feet. This bridge would allow for wildlife movement and
sand transport under the bridge consistent with the Draft CVMSHCP language, USFWS
seeks installation of the bridge prior to 2038-2039.
The second requested environmental mitigation has serious financial implications for the City.
As USFWS staff have clarified the intended meaning of an undercrossing through the
Whitewater River to mean an elevated bridge structure, the financial commitment to construct
such a long bridge through the Whitewater River is exorbitant. Previously, such a structure was
included in the Measure A Program for both Indian Canyon Drive and Gene Autry Trail. In
1997, the City had prepared a study of various all-weather crossings through the Whitewater
River for Indian Canyon Drive, Gene Autry Trail, and Vista Chino. This report, completed on
October 31, 1997, was called the "Palm SpringsiWhitewater River Three Bridges Feasibility
Study," and was prepared by Berryman & Henigar. The report thoroughly analyzed various
Page 5 65-
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issues related to construction of all-weather crossings through the Whitewater River, including
environmental issues, utilities, right-of-way, and specifically hydrology and flood control
protection.
The report assumed for Indian Canyon Drive and Gene Autry Trail that the bridges had a total
width of 83 feet, providing two lanes in each direction (4 total lanes), divided by a 10 feet wide
striped median, an 8 feet wide shoulder on each side, and one 6 feet wide sidewalk along one
side. For Indian Canyon Drive, the report concluded that the ultimate, 100-year storm design for
an all-weather crossing through the Whitewater River required construction of a 3,150 feet long
elevated bridge with the remaining 4,950 feet through the Whitewater River constructed as an
elevated roadway on fill. The estimated cost of this project in 1997 was $31,359,275. For Gene
Autry Trail, the report concluded that the ultimate, 100-year storm design for an all-weather
crossing through the Whitewater River required construction of a 2,100 feet long elevated bridge
with the remaining 4,750 feet through the Whitewater River constructed as an elevated roadway
on fill. The estimated cost of this project in 1997 was $33,989,687. These 1997 estimates used
a unit cost of $73.44 per square foot for the bridge structures, which is significantly lower than
the $200 to $300 per square foot unit costs used today to reflect rapidly increasing costs of
concrete and structural steel. Additionally, the need for construction of a new flood control levee
was identified along the north side of the Whitewater River south of and adjacent to the Union
Pacific Railroad, as well as elevating the existing levee by 7 to 8 feet along the south side of the
Whitewater River in order to address increases to the base flood elevation within the Whitewater
River due to the proposed elevated roadways within it. There was no estimate for the
construction of the levee improvements included in by the 1997 report.
Given that USFWS staff have identified the need for maintaining wildlife movement and sand
transport within the Whitewater River, City staff expects that any proposal to elevate the
roadways on fill within the Whitewater River would not be approved by the various resource
agencies. This implication means that the future roadways within the Whitewater River, whether
they are 2, 4 or 6 lanes, will need to be elevated along their entire length across the Whitewater
River. Using conservative current unit costs of $200 to $300 per square foot, City staff
estimates that the cost for construction of an 8,100 feet long bridge for Indian Canyon Drive will
be between $134,460,000 to $201,690,000; and the cost for construction of a 6,850 feet long
bridge for Gene Autry Trail will be between $113,710,000 to $170,565,000.
The USFWS request is to have a City commitment for construction of the Gene Autry Trail
undercrossings (i.e. elevated bridge) referenced in the draft CVMSHCP included in the
mitigation for this project. Such a bridge is actually a replacement for a large portion of the
proposed project, not a mitigation measure. While it is impossible for staff to recommend that
the City commit to funding a $200,000,000 future project, staff conferred with USFWS staff
regarding the financial challenge represented in constructing the required undercrossing, and
that the recommendation would be to identify the future project as a regional project, requiring
regional funding, and that staff would cooperate with the various resource agencies and local
legislators as necessary to obtain state and federal funding through a variety of grant sources
such as the Exemplary Environmental Initiative, the Highway Bridge Rehabilitation and
Replacement (HBRR) Program, Public Lands Highway Discretionary Fund, as well as future
Regional Measure A funding.
Staff is recommending that the commitment, in any form, to a future bridge across the
Whitewater River on Gene Autry Trail only be required if the current mitigation measure in the
Draft CVMSHCP is approved and adopted by CVAG and the local agencies in the Final
CVMSHCP. With regional funding, staff would enthusiastically support the construction of a
Page 6
bridge over the Whitewater River at Gene Autry Trail. Such a project would have a myriad of
public benefits besides those for wildlife, including all-weather access, improved public safety,
and potential trail undercrossings. Recommendation 3.1b directs staff to seek such cooperative
funding. However, given the current state of transportation funding, it is likely to be ten years or
more before such a bridge can be funded.
Provided the U.S. Fish and Wildlife Service adds mitigation measures to the Programmatic
Biological Opinion issued for the Gene Autry Trail Railroad Bridge Widening Project, staff is also
recommending that the City agree to incorporate the wildlife undercrossings as may be
suggested by USFWS in the south Union Pacific Railroad Bridge approach, which is a separate
project from the Gene Autry Trail Widening. As may be feasible, the City is prepared to
incorporate them into the design of that project (see Recommendation 3.a).
NOTIFICATION
All property owners within 400 feet of the project have been notified of this public hearing. A
neighbourhood meeting was held on September 9, 2004 and no significant issues were raised.
As of the writing of this report, staff has not received any additional public comment.
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>✓ Interim Dir ctor pf Planning Services _-% Director of Public Works
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City Manager
ATTACHMENTS
1. Vicinity Map
2. Revised Initial Study
3. Response to comments received on the Initial Study
4. Letter from Worden Williams dated November 10, 2004
5. Response to Worden Williams letter
6. Proposed changes to Mitigation Measure BIO-3
7. Resolution
Page 7
No.1 067
PROOF OF PUBLICATION NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
(2015.5.C.C.P) CITY OF PALM SPRINGS
Case No 5.0929
Gene Autry Trail Widening between
Vista Chino and the Union Pacific Railroad
and Intent to Adopt a
Mitigated Negative Declaration
Applicant: City of Palm Springs
NOTICE IS HEREBY GIVEN that the City Council
of the Clry of Palm Springs, California, will hold a
public hearing at its meeting of February 16,
2005. The City Council meeting begins at 7 00
p m. in the Council Chamber at City Hall, 3200
bast Tahquitz Canyon Way, Palm Springs.
The ppurpose of the Hearing is to consider Case
No.5.0929,a request initiated by the City of Palm
Springs to widen a segment of Gene Autry Trail.
STATE OF CALIFORNIA The roadway is proposed to he widened to six
Count of Riverside lanes between Vista Chino and Via Escuela where I
y a new traffic signal would be installed The road-
way,is_proposed to be widened to four lanes
--through the Whiteweter River Wash between Via
Escuela and the approach to the railroad bnctr,
All travel lanes would be 12 feet wide and the
roadwayy would include 8 foot outside shoulders
usable by bicycles
The northern and of the proposed project will ',
connect to a separate City project to widen the
railroad cvemrassing to six lanes.A third pprojlect,
sponsored by Call will widen the -10 Pree- L-) y^,
way overcrossing to six lanes and improve the !!�
capacity of the interchange. Thus, Gene Autry
I am a citizen of the United States and a resident of Trail would provide six lanes from Vista Chino to
the Countyaforesaid;I thVia Escuela, four lanes from Via Escuela to the
am over e age of eighteen railroad, and six lanes from the railroad through i)
years,and not a party to or interested in the the 1 10 interchangqe. Only four lanes are required .�.
for the fereseeabe future between Via Escuela /i
above-entitled matter.I am the principal clerk of a and the railroad because the lack of Intersections
printer of the,DESERT SUN PUBLISHING way is reach enhances the capacity of the road-
COMPANY a uewspaper'ofgeneral circulation, VICINITY MAP I
printed and published in the city of Palm Springs,
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 - Ili
Number 191236;that the notice,of which the :i'+aI „•_ - "
annexed is a printed copy(set in bPa not smaller
than non pariel,has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
February 5"' F o,p.,,
The City of Palm Springs, in its capacityv as the
lead agency for this project under the California
-----------------------_---------__-------_--___ --- - Environmental Quality Act (CEQA), evaluated the
potentlal environmental impacts of the project.
All in the year 2005 Pursuant to Section 15063 of CEQA, an Initial
Study has been prepared for Case No. 6.0929.
Throw,h the reparation of the Initial Study for
I certify(or declare)tinder penalty of perjury that the case 5.0�29, the City of Palm Springs has
determined that, with the inclusion of mitigation
foregoing is true and correct. measures, the roadway witlemng project could
not have a significant impact on the environment
Therefore, a Mitigated N egative Declaration has
o been prepared for the subject proposal,which will
Dated at Palm Springs,California this----0 day be reviewed by the sty counc11 at the public
hearing The Initial Study meets the requirements
of the State of Callfornia CEQA, the State CEQA
of------February----------2005 Guidelines, and the it of all Springs' Guide-
roes For the implementation of CEQA Members
of the public may view this document, Monde to
Friday 8 a m. to 5 p.m., in the Department of
Strategic Planning, Gity all, 3200 E. Tahquitz
Canyon Way, Palm Spprings, and submit written
comments at or pro r to the CJty Council hearing.
Signature
If any group challenges the action in court, issues
raised may be limited to only those Issues raised
at the public hearing described In this notice or in
written correspondence at, or prior to, the City
Connell hearing.
An opportunity will be given at said hearing for all
Interested persons to be heard Questions regard-
ing this case may be directed to Jing Yea, Princi-
pal Planner, at (760) 323-8245.
Si recasts synod con esta carta,porfavor Ilame a
la Ciudad de Palm Springs y puede bablar con
Nadine Reger telefono (760) 323-8245.
JAMES THOMPSON
City Clerk
PI F '➢ ` ^9r-
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0929
Gene Autry Trail Widening between Vista Chino and the Union Pacific Railroad
and Intent to Adopt a Mitigated Negative Declaration
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 February 16, 2005. The City Council meeting begins at 7:00 p.m. in the Council
Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the Hearing is to consider Case No. 5.0929, a request initiated by the City of Palm Springs to
widen a segment of Gene Autry Trail. The roadway is proposed to be widened to six lanes between Vista
Chino and Via Escuela where a new traffic signal would be installed. The roadway is proposed to be widened
to four lanes through the Whitewater River Wash between Via Escuela and the approach to the railroad bridge.
All travel lanes would be 12 feet wide and the roadway would include 8 foot outside shoulders usable by
bicycles.
The northern end of the proposed project will connect to a separate City project to widen the railroad
overcrossing to six lanes. A third project, sponsored by Caltrans, will widen the 1-10 Freeway overcrossing to
six lanes and improve the capacity of the interchange. Thus, Gene Autry Trail would provide six lanes from
Vista Chino to Via Escuela, four lanes from Via Escuela to the railroad, and six lanes from the railroad through
the 1-10 interchange. Only four lanes are required for the foreseeable future between Via Escuela and the
railroad because the lack of intersections in this reach enhances the capacity of the roadway.
The City of Palm Springs, in its capacity as the lead agency for this project under the California Environmental
Quality Act (CEQA), evaluated the potential environmental impacts of the project. Pursuant to Section 15063
of CEQA, an Initial Study has been prepared for Case No. 5.0929. Through the preparation of the Initial Study
for Case No 5.0929, the City of Palm Springs has determined that, with the inclusion of mitigation measures,
the roadway widening project could not have a significant impact on the environment. Therefore, a Mitigated
Negative Declaration has been prepared for the subject proposal, which will be reviewed by the City Council at
the public hearing. The Initial Study meets the requirements of the State of California CEQA, the State CEQA
Guidelines, and the City of Palm Springs' Guidelines for the implementation of CEQA. Members of the public
may view this document, Monday to Friday 8 a.m. to 5 p.m., in the Department of Strategic Planning, City Hall,
3200 E. Tahquitz Canyon Way, Palm Springs, and submit written comments at or prior to the City Council
hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Jing Yeo, Principal Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine
Fieger telefono (760) 323-8245.
o
AMES THOMPSON
City Clerk
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CITY OF PALM SPRINGS
CASE NO.: 5.0929 DESCRIPTION:
Widen segment of Gene Autry Trail to six lanes between VlstE
APPLICANT: City of Palm Springs Chino and Via Escuela and to four lanes through the Whitewater
River Wash between Via Escuela and the railroad bridge
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CASE NO: 0DESCRIPTION:
APPLICANT: Application to widen Gene Autry Trail from two to six lanes
of • • between Vista Chino and Via Escuelaand from two to four
lanes between Via Escuela and the approach to the UPRR '
Bridqe throuqh the
CITY OF PALM SPRINGS
DEPARTMENT OF STRATEGIC PLANNING
Mitigated Negative Declaration
November 2004
1 Case No: City Public Works Project 02-03
Project title: Gene Autry Trail Widening Project
2. Lead agency name and address:
City of Palm Springs
3200 E. Talrquitz Canyon Way
Palm Springs, California 92262
3. Contact person and phone number
Marcus Fuller, P.E., Senior Civil Engineer
(760)-323-8732, or
Douglas R. Evans, Director of Strategic Planning
(760) 323-8245
4. Project location:
City of Palm Springs, on Gene Autry Trail within the Whitewater River Wash, fi-om Vista Chino to
the bridge approach at the Union Pacific Railroad crossing(Figure 1).
5. Project sponsor's name and address:
City of Palm Springs
P.O.Box 2743
Palm Springs, California 92263-2743
6. Description of project:
The proposed project will widen existing Gene Autry Trail from two to six lanes between Vista
Chino and Via Escuela. The project will also widen Gene Autry Trail from two to four lanes
between Via Escuela and the Union Pacific Railroad (UPRR) crossing through the Whitewater
River Wash. The widened roadway would have an 80-foot cross-section in the six-lane segment,
and a 64-foot cross-section in the four-lane segment. All travel lanes will be 12 feet wide and the
roadway will provide two 8-foot wide shoulders usable by bicycles (Figure 2). The project will
include the installation of a new traffic signal at the intersection of Gene Autry Trail and Via
Escuela.
NOTE: Deletions from the July Initial Study are shown in strikeout and underline
City of Palm Springs Initial Study 1 of 50 11/05/04
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PROJECT02-03
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6. Description of project (continued):
The northern end of the proposed project will connect to a separate City project (Project 01-04,
Gene Autry Trail Bridge replacement), which will widen the railroad overcrossing to six lanes.
That project will extend the six-lane segment through the Salvia Road intersection. A third project,
sponsored by Caltrans will widen the freeway overcrossing to six lanes and improve the capacity of
the freeway interchange. Thus, Gene Autry Trail would be six lanes from Vista Chino to Via
Escuela, four lanes from Via Escuela to the railroad, and six lanes from the railroad through the
I-10 interchange. Only four lanes are required for the foreseeable future between Via Escuela and
the railroad because the lack of intersections in this reach enhances the capacity of the roadway.
Natural gas and telephone lines are located along the east side of the existing roadway. The
widening of Gene Autry Trail to the east to four lanes will result in the relocation or protection in
place of these utilities. Except for the pavement widening, no work will occur within the
Whitewater River channel.
7. Present Land Use: Open Space (Whitewater River Wash) and Transportation(Gene Autry Trail).
8. General Plan Designation: Conservation, Desert, Low 6 Residential, General Commercial,
Business/Industrial
Proposed General Plan designation: No Change
9. Zoning: W-0-5; W-I.L.; W-M-1-P; W; W-R-1-D; R-1-D; N-R-1-C; C-1 I.L.
Proposed Zoning:No change
10. Is the proposed action a "project" as defined by CEQA? (See Section 2.6 of
State CEQA Guidelines. If more than one project is present in the same area, Yes■ No ❑
cumulative impact should be considered.)
11. If"yes" above, does the project fall into any of the Emergency Projects listed Yes ❑ No■
in Section 15269 of the State CEQA Guidelines?
12. If"no" on 10, does the project fall under any of the Ministerial Acts listed in yes ❑ No■
Section 15268(b) of the State CEQA Guidelines?
13. If"no" on 11, does the project fall under any of the Statutory Exemptions Yes ❑ No■
listed in Article 18 of the State CEQA Guidelines?
14. If"no" on 12, does the project qualify for one of the Categorical Exemptions
listed in Article 19 of the State CEQA Guidelines? (Where there is a Yes ❑ No ■
reasonable probability that the activity will have a significant effect due to
special circumstances, a categorical exemption does not apply.)
15. Surrounding land uses and setting(briefly describe the project's surroundings):
North: Open space (Whitewater River wash) and transportation(Union Pacific Railroad).
South: Developed; residential area extending several blocks west from Gene Autry Trail (south of
East Via Escuela); industrial area extending two blocks east from Gene Autry Trail (south
of East Via Escuela).
East: Open space (Whitewater River wash and floodplain), except as discussed under"South."
West: Open space (Whitewater River wash and floodplain), except as discussed under"South."
City of Palm Springs Initial Study 4 of 50 11/05/04
16. Surrounding General Plan and Zoning:
North: General Plan—Desert
Zoning — W-O-S (Watercourse/Other), W-M-1 P (Water/Planned Research and
Development Zone)
South: General Plan—Industrial, Low 6 Residential, Low 4 Residential, General Commercial
Zoning —W-M-I-P, N-R-I-C (Noise Impact Combining Zone/Single Family Residential),
C-1 I.L. (Central Retail Business Zone/Indian Land)
Bast: General Plan—Desert, Conservation/Open Space, Low 6 Residential, General Commercial
Zoning—W-O-S, W I.L. (Water/Indian Land), W-M-I-P, W (Watercourse Zone), W-M-1
(Water/Service/Manufacturing Zone)
West: General Plan—Desert, Conservation/Open Space, Industrial
Zoning — W-O-S, W, W-R-I-D, R-I-D (Planned Research and Development Zone), C-1
I.L.
17. Is the proposed project consistent with (if answered "yes" or "n/a",
no explanation is required):
City of Palm Springs General Plan Yes■ No ❑ N/A ii
Applicable Specific Plan Yes ❑ No ❑ N/A■
City of Palm Springs Zoning Ordinance Yes■ No ❑ N/A Ei
South Coast Air Quality Management Plan Yes■ No ❑ N/A ❑
Airport Part 150 Noise Study Yes ❑ No ❑ N/A■
Draft Section 14 Master Development Plan Yes ❑ No ❑ N/A■
18. Are any of the following studies required?
Soils Report Yes ❑ No■
Slope Study Yes ❑ No■
Geotechnical Report Yes ■ No El
Traffic Study Yes ■ No Ei
Air Quality Study Yes ❑ No■
Hydrology Yes ■ No
Sewer Study Yes ❑ No■
Biological Study Yes ■ No ❑
Noise Study Yes ■ No ❑
Hazardous Materials Study Yes ■ No ❑
Housing Analysis Yes ❑ No■
Archaeological Report Yes ■ No ❑
Groundwater Analysis Yes ❑ No■
Water Quality Report Yes ❑ No ■
Other Yes ❑ No■
City of Palm Springs Initial Study 5 of 50 11/05/04
19. Other public agencies whose approval is required (e.g., permits, financing approval, or
participation agreement):
Regional Water Quality Control Board—Colorado River Region(NPDES)
• ,California Department of Fish and Game and/or U.S. Fish and Wildlife Service
• U.S. Arrny Corps of Engineers Section 404 Penmt
20. The following documents are incorporated herein by reference:
Aar Quality Analysis, Gene Autry Trail Widening Project/Gene Autry Trail Railroad Bridge
Widening Project, LSA Associates, Inc., February 2004.
Biological Resources Study,LSA Associates,Lac., May 2004.
Cultural Resource Assessment Gene Autry Trail Widening Project, LSA Associates, Inc., May
2004.
Draft Environmental Impact Report, Palrn Springs General Plan Update, Smith Perom & Fox,
December 1992.
Gene Autry Trail, Draft Hydrology Report Project 02-03,HDR Engineering Inc., November 2003.
Hazardous Waste Initial Site Assessment, Gene Autry Trail Widening Project LSA Associates,
Lie.,May 2004.
Noise Irrrpact Analysis, Gene Autry Trail Widening Project,LSA Associates, Inc., May 2004.
The referenced documents have been utilized in the preparation of this Initial Study, and are incorporated
by reference in their entirety. These documents are available for review at the City of Palm Springs Public
Works Department, Contact: Marcus Fuller.
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,involving at least
one impact that is a"Potentially Significant Impact' as indicated by the checklist on the following pages.
❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality
❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils
❑ Hazards &Hazardous ❑ Hydrology/Water ❑ Land Use/Planning
Materials Quality
❑ Mineral Resources ❑ Noise ❑ Population/Housing
❑ Public Services ❑ Recreation ❑ Transportation/Traffic
❑ Utilities/ Service Systems ❑ Mandatory Findings of Significance
City of Palm Springs Initial Study 6 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
1.AESTITETICS—Would the project:
a) I-Iave a substantial adverse effect on a scenic ❑ ❑ ❑ ■
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock ❑ ❑ ❑ ■
outcroppings, and historic buildings within a
State scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its ❑ ❑ ❑ ■
surroundings?
d) Create a new source of substantial light or
glare which would adversely affect day or ❑ ❑ ❑ ■
nighttime views in the area?
a)Have a substantial adverse effect on a scenic vista?
No Impact. The roadway widening project will take place entirely at-grade. The proposed project does not
include the construction of any structure or facility that would block or otherwise affect existing views
from Gene Autry Trail.No impact related to this issue will occur.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings,
and historic buildings within a State scenic highway?
No Impact. The project consists of road widening and associated improvements and does not include the
installation of structures that would alter the existing visual character within the limits of the project.The
Palm Springs General Plan designates Gene Autry Trail as a scenic corridor. Because the proposed
project will be constructed entirely at-grade,no visual impact will occur.
c) Substantially degrade the existing visual character or quality of the site and its surroundings?
No Impact. See 1(a) and 1(b).
d) Create a new source of substantial light or glare which would adversely affect day or nighttime
views in the area?
No Impact. The proposed project consists of road widening and associated improvements. The proposed
project limits are within the Special Lighting Area established for Mount Palomar Observatory. Existing
streetlights may be relocated to accommodate the road widening; however, no new source of substantial
light or glare would be introduced into the area as a result of the project. Because the proposed project
will not increase the amount, intensity, or distribution of light sources,no impact related to this issue will
occur.
City of Palm Springs Initial Study 7 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No impact
2. AGRICULTURE RESOURCES — In determining whether impacts to agricultural rsources 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 agriculhue 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 El 11
Ll
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural El N
use, or a Williamson Act contract?
c) Involve other changes in the existing
environment which, due to their location or El El
nature, could result in conversion of Farmland to
non-agricultural use?
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?
No Impact. The proposed project is not located within an area designated by the State as "Prime,"
"Unique," or "Statewide Important' farmland. The proposed project consists of improvements to Gene
Autry Trail and would not impact any State-designated farmland; therefore,no impact related to this issue
will occur.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact. The proposed project is not within or adjacent to an area zoned for agricultural use or under a
Williamson Act contract.No impact would occur.
c) Involve other changes in the existing environment which, due to their location or nature, could
result in conversion of Farmland to non-agricultural use?
No Impact. The proposed project is not within or adjacent to an area currently used for agricultural
purposes; therefore,no impact related to this issue will occur.
City of Palm Springs Initial Study 8 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
3. 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 ❑ ❑ ❑
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air ❑ ❑ ■ ❑
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attaimnent under an
applicable federal or state ambient air quality ❑ ❑ ■ ❑
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial ❑ ❑ 0 ❑
pollutant concentrations?
e) Create objectionable odors affecting a ❑ ❑ 0 ❑
substantial number of people?
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The 1992 City of Palm Springs General Plan Update EIR indicated that at build out, Gene
Autry Trail between Vista Chino and 1-10 would be a 6-lane major thoroughfare. Thus, the proposed
project is consistent with the existing General Plan, and is included in the applicable air quality plan
(1997 Air Quality Management Plan, South Coast Air Quality Management Board [SCAQMB]).Because
the proposed project is consistent with the General Plan, which was included in the AQMP, the widening
of Gene Autry Trail will not conflict with or obstruct the AQMP. No impact related to this issue will
occur.
b)Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
Less than Significant Impact. The project site is located in the City of Palin Springs, an area within the
Salton Sea Air Basin(SSAB).This part of the SSAB is currently under the jurisdiction of the South Coast
Air Quality Management District (SCAQMD). The SCAQMD is responsible for regional air quality
monitoring and modeling for ozone-producing emissions in the project area. The SSAB region is
separated from the South Coast Air Basin (SCAB) region by the San Jacinto Mountains and from the
Mojave Desert Air Basin(MDAB)region by the Little San Bernardino Mountains.
City of Palm Springs Initial Study 9 of 50 11/05/04
The Coachella Valley area is currently designated as non-attainment for the Federal (one hour) and State
ozone standards, Federal PMio standard, State PM10 standard, and transitional for Federal (eight-hour)
ozone standard. The Coachella Valley area is unclassified for Federal PMZ 5 standards, State particulate
sulfate, hydrogen sulfide, and visibility-reducing particles standards, and is in attainment status for
Federal and State standards for carbon monoxide (CO), nitrogen dioxide (NOA sulfur dioxide (SO,), and
lead. Area air quality regulations in the SSAB are administered by the SCAQMD.
Operational Impacts
The project is not anticipated to result in a net increase in traffic, but is anticipated to improve traffic flow
and accommodate projected future traffic. Thus, it would not result in a long-tern increase in vehicular
emissions, and is not anticipated to violate any air quality standard or contribute to an existing or
projected air quality violation.
Construction Impacts
The SCAQMD estimates that each acre of graded surface creates about 26.4 pounds of PM10 per workday
during the constriction phase of the project and 21.8 pounds of PMIo per hour from dirt/debris pushing
per dozer. It is assumed that up to a maximum of one acre of land would be under grading on any one
day. It is also assumed that one dozer would be used up to eight hours per day. It is assumed that a
maximum of 0.5 acre of open stockpiles would occur on the project site, which will generate 42.8 pounds
per clay (ppd) of PMio. Therefore, approximately 253 pounds of PM10 per day would be generated from
soil disturbance before mitigation during the peak construction phase. This level of dust emission would
exceed the SCAQMD threshold of 150 pounds per day.
The project will comply with regional rules, which would assist in reducing the short-term air pollutant
emissions. Fugitive dust from a construction site must be controlled with best available control measures
so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the
emission source. Dust suppression techniques should be implemented to prevent fugitive dust from
creating a nuisance off-site. Implementation of these dust suppression techniques can reduce the fugitive
dust generation(and thus the PMio component)by 50 percent or more. These measures are imposed on all
projects located within the region and include:
Asphalt Paving
• The construction contractor shall adhere to the requirements of SCAQMD rules and regulations on
cutback and emulsified asphalt paving materials.
Fugitive Dust
The SCAQMD Rules 402 and 403 deal with the reduction and/or elimination of fugitive dust emissions
resulting from constriction operations. The SCAQMD has established the following standard measures to
implement Rules 402 and 403:
• All disturbed areas, including storage piles that are not being actively utilized for construction
purposes shall be effectively stabilized for dust emissions using water, chemical
stabilizers/suppressants, or vegetative ground cover.
• All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized for dust
emissions using water or chemical stabilizers/suppressants.
t The area meets the standard and the California Air Resources Board(CARB)is proposing to reclassify the area to be in
attainment.
City of Palm Springs Initial Study 10 of 50 11/05/04
c
• All land clearing, grubbing, scraping, excavation, land leveling, grading, cut-and-fill, and demolition
activities shall be effectively controlled for fugitive dust emissions utilizing applications of water, or
by presoaking.
• When materials are transported off-site, all material shall be covered or effectively wetted to limit
visible dust emission; or at least six inches of freeboard space from the top of the container shall be
maintained.
• All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent
public streets at least once every 24 hours when operations are occurring. (The use of dry rotary
brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit
the visible dust emissions.) (The use of blower devices is expressly forbidden.)
• Following the addition of materials to, or the removal of materials from, the surface of outdoor
storage piles, said piles should be effectively stabilized for fugitive dust emissions utilizing sufficient
water or chemical stabilizers/suppressants.
• Traffic speed on unpaved roads shall be limited to IS mph.
• Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways
from sites with a slope greater than I percent.
• Wheel washers for all exiting trucks shall be installed, or all trucks and equipment washed off before
leaving the site.
• Windbreaks shall be installed at windward side(s) of construction areas.
• Excavation and grading activity shall be suspended when winds exceed 20 mph.
• Areas subject to excavation, grading, and other construction activity shall be limited at any one time.
• In addition, construction will comply with the City of Patin Springs Grading Ordinance (Palm
Springs Municipal Code, Chapter 8.50).
Assuming a mitigating efficiency of 50 percent by implementation of the standard mitigation, daily PMro
emissions from soil disturbance would be reduced to approximately 136 pounds. Compliance with these
rules would reduce impacts on nearby sensitive receptors, including the homes adjacent to Gene Autry
Trail between Vista Chino and Via Escuela (a distance of approximately 50 feet from the street to the
homes).
It is further assumed that on a peak grading day, a total of 14 workers would be working on the project
site. Assuming an average commute length of 25 miles each way for every worker, emissions from the
daily 700 miles of travel by workers would generate approximately 6.0 ppd of CO, 1.1 ppd of ROC, 1.9
ppd of NOx, 0.3 ppd of SOx, and 0.7 ppd of PM1O from vehicle exhaust and tire wear.
As shown in Table A, with adherence to SCAQMD standard measures, peak grading day constriction
equipment emissions would be below the SCAQMD daily thresholds for all criteria pollutants. The
imposition of the stated fugitive dust control measures is a standard requirement imposed on all
construction within the region. Because these measures reduce the level of fugitive dust to a below the
identified threshold, additional measures are not required. Impacts related to this issue are, therefore, less
than significant:
City of Palm Springs Initial Study 11 of 50 11/05/04
2d �
Table A-Peak Grading Day Construction Emissions
Numb or atu Equipment Type' Hours of Operation Pollutants
CO ROC NOx Sox PMto
1 Scraper 8 10.0 2.2 30.7 3.7 3.3
1 Motor Grader 8 1.2 03 5.7 0.7 0.5
1 Tracked Loader 8 1.6 0.8 6.6 06 0.5
1 Tracked Dozer 8 2.8 1.0 10.1 1.1 0.9
1 Wheeled Tractor 8 28.6 2.9 20.3 1.4 2.2
1 Miscellaneous' 8 5 4 1.2 13.6 1.1 1.1
Worker Commute Exhaust' 6.0 1.1 L9 0.3 0.7
Subtotal Exhaust Emissions 55.6 9.5 88.9 8.9 9.2
Fugitive Dust Emissions
Open Stock pilea 42.8
Dirt/Debris Pushing' 174.4
Graded/Exposed Surface 26.4
Total Grading:No Mitigation 55.6 9.5 88.9 8.9 252.8
Total Grading:With Mitigation? 55.6 9.5 88.9 8.9 135.6
SCAQMD Threshold 550 75 100 150 150
Significant? (with mitigation) NO NO NO NO NO
1 Emission factors provided by SCAQMD, 1993 CEQA Air Qualify Handbook, Tables A9-8-A and A9-9.
2 A water truck.
3 Based on a commute length of 25 miles each way for 14 workers.
4 Emissions from one-half acre of open stock piles.
5 Emissions from one dozer operating eight hours per day.
6 Emissions from one acre of graded/exposed surface.
7 Assumes 50 percent effectiveness for dust suppression measures.
Source:LSA Associates,Inc.,2004.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is not-attainment under an applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative thresholds for ozone precursors)?
Less than Signfcant Impact. As stated previously, the project site is located in an air basin that is
designated as serious non-attainment for State PMte, as well as non-attainment for State ozone, Federal
ozone, and Federal PM1e. The SCAQMB has prepared the Final 2002 Coachella Valley PMm State
hplementation Plan, and has a Draft 2003 Coachella Valley PMIo State Implementation Plan proposed to
update and replace the 2002 plan.
The project is not anticipated to result in a net increase in traffic,but is anticipated to improve traffic flow
and accommodate projected future traffic. While implementation of the proposed project will generate a
limited amount of pollutants during construction in an existing "non-attainment" area, the proposed
project is not anticipated to result in an increase of vehicular traffic, therefore will not increase mobile
source emissions. Thus, it would not result in a long-term increase in vehicular emissions, and is not
anticipated to violate any air quality standard or contribute to an existing or projected cumulative air
quality violation.
City of Palm Springs Initial Study 12 of 50 11/05/04
d)Expose sensitive receptors to substantial pollutant concentrations?
Less than Significant Impact. The nearest sensitive receptor to the proposed project is the residential
neighborhood located north of Gene Autry Trail and west of East Via Escuela. This area could be
adversely affected if the amount of traffic increased or if traffic congestion (i.e., idling time of vehicles)
increased. However, the proposed project would not increase the net amount of traffic, and would
improve traffic flow (decreasing existing and predicted future traffic congestion). Thus, the project would
not increase the long-term pollutant concentrations in the area. During construction, it is possible that
constriction activities may result in increased emissions; however, the construction contractor would be
required to adhere to fugitive dust control measures to limit short-term air quality impacts. Potential
impacts related to this issue will be less than significant.
e) Create objectionable odors affecting a substantial number of people?
Less than Significant Impact. Long-term operation of the proposed project would not result in
objectionable odors. Odors typical of constriction activities, such as paving operations, would be
generated temporarily during the construction phase of the proposed project. Since these impacts are
temporary and would cease when construction activities are completed, the impacts are not considered
significant. The construction contractor will be required to adhere to standard SCAQMD measures to
limit odors associated with asphalt paving.No significant long- or short-term odor impact associated with
the widening of Gene Autry Trail will occur. Thus,no significant impacts would occur.
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
4.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, 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 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, veinal pool, coastal, etc.) through
direct removal, filling, hydrological interruption,
or other means?
City of Palm Springs Initial Study 13 of 50 11/05/04
2&
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or ❑ ❑ ■ ❑
nugatory 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?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community ❑ ❑ ■ ❑
Conservation Plan, or other approved local,
regional,or State habitat conservation plan?
Note: LSA prepared a Biological Resources Report in May 2004 and the responses in this section are
based upon the information in that report.
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, or
regulations, or by the California Department of Fish and Game or U.S.Fish and Wildlife Service?
Less than Significant with Mitigation Incorporated. A total of 8 federally/State listed as threatened or
endangered species was identified as potentially present on-site. Of these species, 5 are considered absent
or have a low probability of occurring based on lack of suitable habitat. One species (desert tortoise
[Gopherus agassizii]) has a moderate-to-high probability for occurrence. The Coachella Valley fringe-
toed lizard (Uma inornata) has high probability for occurrence, and the Coachella Valley milkvetch
(Astragalus lentiginosus var, coachellae)was observed to be present on the site during the field survey.
Coachella Valley fringe-toed lizard. The Coachella Valley fringe-toed lizard is federally listed as
threatened and listed as endangered by the State of California. The site lies within the fee area for the
Coachella Valley fringe-toed lizard; however, public projects have in the past been exempt from these
fees. Focused surveys for this species would not be required. A portion of the site is contiguous on the
west with the Whitewater Floodplain Preserve for the Coachella Valley fringe-toed lizard but the project
area does not lie within the Coachella Valley fringe-toed lizard critical habitat area.
Desert Tortoise. The desert tortoise is federally and State listed as a threatened species. The site does not
lie within any desert tortoise critical habitat area. However, the site has suitable habitat for the tortoise
and focused surveys were undertaken to determine presence/absence of the species. LSA biologists
surveyed the site for desert tortoise and none was found.
Endangered Species Mitigation
For purposes of endangered species impacts this project was considered as Hart of the Gene Autry
Trail/Palm Drive Interchange along with a series of interchange improvements along I-10 in the
Coachella Valley. (Other interchange nroiects included Indian Avenue, Date Palm Drive, Ramon/Bob
Hope and Jefferson.). The impact analysis and mitigation plan for these projects is specified in the
City of Palm Springs Initial Study 14 of 50 11/05/04
Z�
"Conservation Plan Addressing the Direct Indirect and Cumulative Effects of Interstate 10 Coachella
Valley Interchange Projects " Caltans August 2003 which is available for review at the City of Palm
Springs Public Works Department As identified in this plan the Gene Aurtv Trail Project between Vista
Chino and the Railroad will cause 19.81 acres of direct impacts and 75.42 acres of indirect impacts to the
habitat of endangered snectes. The Mitigation Bank provides for nit gation of these impacts through
permanent acquisit on and preservation of similar haUitats at a 2:1 ratio for direct impacts, and a 1 1 ratio
for indirect impacts The Gene Autry Trail Project will therefore require the acquisition of 115.04 acres
of opens space According to the hnit al Study and the Mitigation Bank the roadway cannot be
constructed until the conservation lands rernured to mitigate duect and indirect effects are acquired.
The Mitigation Bank's development is a cooperative effort of numerous agencies including CDFG
USFWS Caltrans, and CVAG.
The Mitt zation Bank was established in an August 2003 Cooperative Ao'eement Report between Calrtaus
and the Coachella Valley Association of Govemments Like all such agreements it was subtect to further
review and approval by resource agencjes7 such review normally takes place after the approval of the
CEOA docwnent_SubsecLent actions by Caltrans CVAG and USFWS have further advanced the status
of the Mitigation Bank
1 The Prograrnnaatic Biglogical Opinion for the Mitigation Bank has been issued by the
II F�iM
On September 11 2004 USFWS issued a Biological Opinior01 titled Programmatic Biological
Opinion for Five Interchanges and Associated Arter al Improvement Proiects along Interstate 70 and the
Tiered Biological Opinion for the Palm Drive/Gene Autry Trial—Interstate 10lnterchange Improvement
Project in Eastern Riverside County California (I-6-04-F-3282.4; EA: 08-455800) The BO states "This
consultation is programmatic because it is intended to cover interrelated projects by establishing
conservation measures including conservation banking protocol based on avoidance and minimization
measures developed to reduce both direct and indirect effects to threatened endangered and sensitive
species in the action area for each project" (page 2).
Because BO is programmatic a Project Specific (or Tiered) BO will be required for the Gene Autry Trail
Widening The Tiered BO will be sought as mart of the Section 7 Consultation by the Corros of Engineers
for the potential impacts to the Waters of the United States in the Whitewater Channel. The Tiered BO
will incorporate all the conditions of the Programmatic BO.
2 The Coachella Valley Association of Governments has Already Acquirer)Mast of the
.'cation Lands Required in Me Conservation Ban&
To facilitate the completion of the Interchange and Arterial Proiects CVAG has already acquired most o
the lands envisioned in the mitigation alleement
As noted in correspondence fiom Allen Waggle to Marcus Fuller. CVAG has already acquired 1366 acres
of the required 1545 acres of mitigation lands envisioned in the Conservation Plan(excluding the hrdian
Avenue Interchange which requires a different type of habitat) The land acgi iced to-date is in the
Joshua Bills area CVAG will continue to acquire Conservation Lands until the conditions in the
A cement are complete The existing lands in the Conservation Bank will be allocated to the projects on
a first come first served basis The Gene Autry Trail widening project is anticipated to be one of the ftrst
requesting mitigation credits and it is anticipated that already acquired mitigation lands will be sufficient
City of Palm Springs Initial Study 15 of 50 11/05/04
Z5
Notwithstanding the above. the project camrot proceed to construction unless the reuuisite lands are "in
the bank."per mitigation measure 13I0-1
Implementation of the I-10 Conservation Plan will address protect impacts to the Coachella Valley fi'inee-
toed lizard and the Coachella Valley Milkvetch.
Within the BO twenty one (21) Conservation Measures have been identified Each t roject covered by the
BO will have a tiered Biological Opinion based on the BO and USFWS will identify the conservation
measures that each project will require
BIO-I The City will ensure that preservation of lands as identified in the Conservation Plan Achlress'
the Direct Indirect and Cumula ve Effects of btterstate 10 Coachella Vallev Interchange
Projects August 2003 has been implemented prior to the commencement of constriction.
Note The BO was issued after the City released the Draft Initial Study in July. The City is now adding a
new Mitigation Measure 13I0-2 to include the BO's Conservation Measures.
BIO 2 The twenty one (21) conservation measures as stated in the "Progranmratic Biological Opinion
for Five Interchanges and Associated Arterial Improvement Protects along Interstate 10 and the
Tiered Biological Opinion for the Palm Drive/Gene Autry Trail — Interstate 10 Interchanee
Improvement Project in Eastern Riverside County Califomia dated September 23 2004 as
required shall be implemented as part of the project These measures are as follows:
1 All areas outside of the nroiect footprint will be delineated as Environmentally Sensitive
Areas (ESAs) All parties in conjunction with this operation will strictly avoid these
areas No construction activities materials or equipment will be permitted in the ESAs
These areas must be placed on the design plans and included in the construction
contract.
ESAs will he designated by erecting protective fencing delineating the project impact,
boundary and sensitive habitats This barrier fencing will be constructed in such a way
as to restrict the movement of reptiles into impacted areas Fencing material can vary
however, it should consist ofa cloth-like material that can withstand high winds, sun and
heat This fence should be buried 24-inches below the surface to prevent terrestrial
species from burrowing underneath and extend above ground at least 24-inches.
2 An employee education pro ram will be developed Each emplovee (including temporary,
contractors and subcontractors) will receive a training/awareness program within two
weeks ofu orldny on the proposed project They will be advised of the potential impact to
the listed species and the potential penalties for taking such species At a minimum the
program will include the following topics' occurrence of the listed and sensitive s ep ties
in the area their veneral ecology sensitivity of the species to human activities. legal
protection afforded these species penalties for violations of Federal and State laws
reporting requirements and project features designed to reduce the impacts to these
species and promote continued successful occupation of the project area environs
Included in this program will be color photos of the listed species. which will be shown to
the employees Following the education program the photos will be posted in the
City of Palm Springs Initial Study 16 of 50 11/05/04
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contractor and resident engineer's office where they will remain throughout the duration
of he proiect The contractor, Resident Fngineer, and Service-unproved biological
monitor will be responsible for ensuring that employees are aware of the listed s en cies
3 The proiect proponent will designate a Service-approved qualified biologist who will be
responsible for overseeing compliance w th protective measures for floe listed species.
The biologist will have the authority to halt all associated proiect activities that may he
in violation of this biolo-gical opinion In such an event the biologist will contact the
Service within 24 hours.
4 Consbuction work areas will be delineated and marked clemly in the field pLor to
habitat removal and the marked boundaries maintained mrd clearly visible to personnel
on foot and by heavv equipment operators Emplovees will strictly limit their activities
and vehicles to the proposed project areas staging areas and routes of travel. The
proiect proponent and/or the biological monitor will contact the Service to verify that the
limits of construction have been properly staked and are readily identifiable
5 A biologist will monitor construction to ensure that vegetation removal Best
1lanagement Pract cgs (BNlPr) ESA fencing and all avoidance and minimization
measures are properly constructed and followed.
6 All equipment maintenance stag ng and dispensing of fuel oil or anv other such
activities will occur in designated upland areas The designated upland areas will be
located in such a manner as to prevent any runoff from entering waters of the United
States including wetlands
7 Typical erosion_control measures BMPs in the vicinity of streams will be employed in
accordance with the conditions ira the 401 Water Ouality_Certification requirements of
the Regional Water Quality Control Board
8 Use of invasive exotic plant species in landscaped areas adjacent to or near sensitive
vegetation communities will be restricted In compliance with Executive Order 1 1112.
impacted areas will be revegetated with plant species native to desert habitat tvpes and
the Coachella Valley, and will avoid the use of species listed in Lists A & B of the
California Exotic Pest Plant Council's list of Exotic Pest Plants of Greatest Eco7oyical
Concern in California as of October 1999.
9 The seed of Coachella Valle_v milk-vetch will be collected off of lants from within the
boundaries of permanent and temporary impacts from nroiect construction Seed
collection will occur when the seed is past soft dough and prior to being naturally
dispersed The top four inches of soil rmrrounding the milk-vetch plants to be impacted
will be collected and placed in plastic bags This seed and soil will be distributed at an
area consisting of aeolian habitat immediately following collection The location where
seed will be dispersed will be coordinated with the Service prior to collection.
10 All construction equipment will be inspected and cleaned prior to use in the proposed
Zrr»iect footprint to minimize the importation of non-native plant material. All mulch,
topsoil and seed mixes used during post construction landscaping activities and erosion
City of Palm Springs Initial Study 17 of 50 11/05/04
control BMPs will be fi•ee of invasive plant species nronavules. A weed abatement
program will be implemented should invasive plant species colonize the area within the
project footprint port-construction
11 No off-road vehicle activity fom construction personnel or other persons affiliated with
the project will occur outside of the roiect footprint.
12 To reduce attrac on of ravens and crows which rraav eat fringe-toed lizards all trash
will be placed in raven prooFcontainers and promptly removed from the site.
13 No pets or firearms will be permitted inside the proiect's construction boundaries or
other associated work areas.
14 All sand removal and storage activities will be restricted to the project footprint No
maintenance activities will be authorized that extend beyond the boundaries of the
project footprint.
15. To the extent possible, no sand removal activities will take place from 1 November - 30
March (to avoid winter dormancy periods for the lizards) or if ambient air temperature
exceeds 102 decrees Fahrenheit (the temperature at which lizard activity tends to be
reduced .
16 Vehicle speeds on unpaved access roads will be restricted to a maximum of25 MPH
17 All culverts bridges and associated water passage structures will be maintained such
that water and sediment may pass between upstream and downstream locations and so as
not to block the passage ofwildl e.
18 Impacts resulting from this proiect will be offset by implementing the agreements
established in the Conservation Bank Plan Addressing the Direct Indirect and
Cumulative Effects oflnterstate 10 Coachella Valley Interchange Projects (Plan). The
Plan assesses potential effects and of measures for the proposed projects. The
Plan establishes mitigation ratios at 271 for direct impacts of the interchange and
associated arterial improvements covered under this Opinion and 1:1 for indirect
impacts Required offsetting measures will be provided through the acquisition of land
and the final conservation bank agreement Caltrans and/or Coachella Valley
Association of Governments (CVAG) will set up an endowment fund for the purpose_of_
managing the proposed conservation bank in perpetuity.
19. Prior to beginning construction. CVAG. Caltrans, and FHWA will purchase and
establish a conservation bank (Bank), as per the Plan: ftnalize a conservation flank
agreement with the Service and CDFG and set up the endowment fund for managing the
roroperty in perpetuity. Sufficient land will be purchased for the batik prior to start_ o
construction for any given proiect CVAG Caltrans and FHWA will coordinate with the
Service and CDFG to locate and acquire Bank lands. All Bank lands will be approved by
the Service and CDFG prior to purchase to ensure that these conservation lands benefit
the frincetoed lizard and milk-vetch. In addition. CVAG or its designee will be the
manager ofall Bank lands.
City of Palm Springs Initial Study 18 of 50 11/05/04
20 Geotechnical borines in areas with aeolian sand deposits ivill include the fallowina
measures:
a No cross countn)-travel and geotechnieal borines will take place_ ror 1
November-30 March (to avoid winter dormancy periods Co the liznrds) or if
ambient air teniperature exceeds 102 degrees Fahrenheit (tie temperahrre at
which lizard activity tends to be reduced).
b When trcn�eling cross-country a route will be established and followed
that avoids to the maximum extent practicable all sand hamamocks and
dimes.
C. The surface area will be returned to the pre-disturbance state. If sand dunes or
hummocks were impacted then the surface sand will he placed in a separate
pile and replaced as a dame or hionrnock..
21 Archaeolog cal sur_v_evr_in areas with aeolian sand deposits will include the following
measures:
a The outer perimeter ofczll SUrvey areas will be delineated and the area within
this per°irneter will be calculated and deducted fr om the Conservation Bank
b All work inclidinz staging depositing excavated materials storing
equipment etc will be conducted within the perimeter ofthe survey area.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community
identified in local or regional plans, policies, or regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife Service?
Less than Significant Impact. Most of this area is proposed for the Whitewater River Floodplain
Conservation Area raider the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP).
The goal of the proposed Whitewater River Floodplain Conservation Area will be to preserve much of
this area to provide habitat for various identified sensitive plant and wildlife species. From East Via
Escuela south to Vista Chino (approximately 1,300 feet) the right-of-way lies within a mostly developed
area and has been excluded from the proposed conservation area.
There would be an incremental loss to wildlife habitat from the proposed project due to the increased
width of the paved area. However, impacts to regional wildlife movement associated with the Gene Autry
Trail widening project is not expected to be significant. The current roadway has already caused some
wildlife movement impact and it is anticipated the proposed project will incrementally add to this. The
Draft CVMSHCP recognizes the ultimate roadway as part of the plan.
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, etc.) through direct
removal, filling,hydrological interruption, or other means?
No Impact. As discussed in the Biological Resources Report, there are no jurisdictional wetlands in the
vicinity of the project. The Whitewater River,while meeting the definition of Waters of the United States,
does not meet the regulatory definition of a wetland.
City of Palm Springs Initial Study 19 of 50 11/05/04
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
Less Than Significant hnpact. There would be an incremental loss to wildlife habitat from the proposed
project due to the increased width of the paved area. However, impacts to regional wildlife movement
associated with the Gene Autry Trail widening project is not expected to be significant. The current
roadway has already caused some wildlife movement impact and it is anticipated the proposed project
will incrementally add to this.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree
preservation policy or ordinance?
No Impact: The proposed project will not conflict with any local policies or ordinances. Thus, the
proposed project will have no impacts to local policies and ordinances.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,regional, or state habitat conservation plan?
Less than Significant Impact. The project is located in the vicinity of three existing and pending
conservation plans:
Coachella Valley Fringe-toed Lizard IIabitat Conservation Plan. In 1985, the USFWS approved the
Coachella Valley Fringe-toed Lizard IIabitat Conservation Plan (HCP). This plan, the second HCP ever
prepared in the United States, created three preserves to protect habitat for the fringe-toed lizard, a State
and federally listed endangered species, and provided an incidental take permit under the Federal
Endangered Species Act for lawful activities outside the reserves. As discussed earlier, a portion of the
site is contiguous on the west with the Whitewater Floodplain Preserve for the Coachella Valley fringe-
toed lizard. As noted above, project impact to Coachella Valley fringe-toed lizard will be mitigated
through the I-10 Coachella Valley Interchange Projects Conservation Plan.
Coachella Valley Interchange Projects Conservation Plan. As discussed above, the California
Department of Transportation (Caltrans) and other involved agencies have approved this Conservation
Plan that will offset impacts from the proposed project and other related I-10 interchange projects to
sensitive species, including the Coachella Valley round-tailed ground squirrel (Spermophilus tereticaudus
var. chlorus) and the Coachella Valley Cringe-toed lizard. Other covered species of the CVMSHCP will
also be covered under this Conservation Plan. Participation in this plan would entail setting aside suitable
habitat at appropriate mitigation ratios to satisfy the requirements of the USFWS and CDFG. Mitigation
Measure 13I0-1 requires the project to participate in this plan.
Draft Coachella Valley Multiple Species IIabitat Conservation Plan. Portions of the project are
located within the plan boundaries for the Draft Coachella Valley Multiple Species IIabitat Conservation
Plan. The northern one-half of rrooject site is located within the Draft Preferred Alternative area
(CVMSIICP, 2004) and within the proposed Whitewater River Floodplain Conservation Area. The Plan
is intended to provide a means to standardize mitigation/compensation measures for the covered species
so that, with respect to public and private development actions in the Coachella Valley,
mitigation/compensation measures established by the Plan will concurrently satisfy applicable provisions
of Federal and State laws pertaining to endangered species protection. It is further the intent of the Plan to
standardize project review in assessing the effect of development activities on the covered species,
consistent with CEQA and NEPA. It is also the intent of the Plan to specify a range of mitigation and/or
City of Palm Springs Initial Study 20 of 50 11/05/04
compensation measures necessary to lessen or avoid the cumulative effects of development activities on
covered species.
The Plan was released for public review on November 5 2004 and is currently available for public review
and comment. The Plan may be modified p or to its adoption. The time table for implementation and
final content of the plan is uncertain at this time. If the plan is implemented and approved by the City of
Palm Springs prior to initiation of construction, then portions of the project would be subject to any
relevant requirements under the plan. It is anticipated that participation in the I-10 Interchange Projects
Conservation Bank will provide equivalent mitigation'to that required by the CVMSHCP.
The Plan contains the following Draft text regarding Gene il:Autry Tra
"The appropriate Local Permittee for the proiect will ensure that when Gene Auhv Trail and Indian
Avenue (ire widened to six lanes or in 2038-39 whichever comes rust, fluvial and aeolian sand
transport capacity is not reduced Roadway design will facilitate aeolian sand transport Sand that
accumulates unwind of either road will be deposited on the downwind side of the road to address
potential impacts to aeolian sand transport At the same time the appropriate Local Pennittee will also
ensure that wildlife underpasses of sufficient size to be determined in consultation with the wildlife
Agencies are installed to provide for the movement of Coachella Vallev round-tailed grounds u
Palm Springs pocket mouse Coachella Valley frinmtoed lizard and other species "
The City remains concerned about the practical implementation of this condition (Note that the
_CVMSHCP is in Draft form and must go tluough the nubhc review process pr or to approval and that the
laneuaee in this condition may ching_el Several issues must be resolved prior to approval of any
undercrossings.
1 Typical "dip under"wildlife undercrossinQs would rapidlyfill up with sand in this location
2 The proposed location design length and other characteristics of the undercrossings have
not been define_.
3 To the City's knowledge the actual migration patterns across the roadway of the targeted
species have not been established and it has not been determined whether such species
would actually use the proposed undercrossings
4 IF the undercrossings actually raised the profifGene Autry Trail. such that wildlife could
cross under the road at existitaQ grade then the new roadway structure would necessarily
form a harrier-to sand transport
5 The best locations for any undercrossi_ng_s may be in tribal lands covered by the TCHP rather
than lands covered by the CVMSHCP.
6 The regulatory requirements iri 2038139 are snectdative
7 Evidence indicates that "bridge-tyre" undercrossings where an aninial can see all the way
to the other end are the more effective than culverts or pines. However. bridge structures
are very expensive—as rule of thumb a square foot ofbridge costs roughly 10 times as much
as a square_foot of surface road vav If the entire two-mile length of a six lane wide Gene
Autry Trail were placed on a $250/square foot causeway, then the cost would be
an t afford this cost today, and cannot commit such
spending by a Council in the 203812039 time period.
As such the City is proposing to comprehensivel study the issue prior to implementation and is addin_g
the followin mitigation measure to the proi ect.
City of Palm Springs Initial Study 21 of 50 11/05/04
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BI0-3 At least three years prior to commencing constnrction on the widening of Gene Autry Trail to six
lanes across the Whitewater River, the year 2035/2036, whichever comes first the Citv will work
cooperatively with the Service to conduct a research p ram to establish the following_
1. The target spemes that would utilize such undercrossings the extent that st ch1 species
would utilize such undercrossings, and the most cost effective and environmentally
beneficial design.
2 The actual effects of the roadway surface on sand-iranspm t.
3 The location of such Loosed undercrossings.
4. The cost effectiveness of such proposed undercrossm s.
The City believes that the proposed research pro re a will better define the actual need for future
mitigation If and when widening is proposed the CEOA and NEPA documentation and permitting
actions with the Copps will frilly evaluate any potential impacts and mitigation renuirement.
Tribal Habitat Conservation Plan for the Agua Caliente Indiau Reservation (THCP). adopted by the
Tribe of November 22 is the relevant conservation plan for the portions of the project within the Indian
Reservation (Section 6, the southerly portion of the rojectl The 519 undeveloped acres—within Section 6
have been identified as potential conservation area dedicated_ for habitat conservation within the Valley
Floor. The Plan also provides that the Tribe may choose not tQ==assume permitting authority, and defer to
the City of Palm Spriggs
In a letter dated October 22, 2004 fi-om Mr. Thomas J. Davis, Chief Plaiming Official Agua Caliente
Band of Cahuilla Indians, to Mr. Douglas R. Evans Director of Strategic Planning. City of Palm Springs,
the Tribe states that it chooses to defer to the City of Palm Springs for purposes of permitting under the
TI3CP. The letter states, "This determination is made due to the fact that the lls
outside of the Reservation and that the City is working closely with the US Fish and Wildlife Service to
determine appropriate mitigation_measures We presume that endangered species_mitiga_tio_n_ will_be
consistent with the THCP."
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
5.CULTURAL RESOURCES—Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in ❑ IN ❑ ❑
§15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource ❑ ❑ ■ ❑
pursuant to §15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique ❑ ❑ ❑ ■
geologic feature?
City of Palm Springs Initial Study 22 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d) Disturb any human remains, including those El
interred outside of Formal cemeteries?
a) Cause a substantial adverse change in the significance of a historical resource as defined in
§15064.5?
Less than Significant with Mitigation Incorporated. A cultural resources records search and literature
review was conducted for the project in July 2003 and an archaeological field survey for the project
alignment was completed on August 1, 2003 (LSA Associates, Tire., August 2003). Additionally,
notification to Native American Tnbes (Aqua Caliente Band of Cahuilla Indians, Cahuilla Band of
Indians, Morongo Band of Mission Indians, Augustine Band of Cahuilla Mission Indians, and the
Ramona Band of Cahuilla Mission Indians) was made. No cultural resources had been previously
documented within the project alignment, and no cultural resources were observed during the field
survey. The Native American Tribes consulted did not identify any cultural resources within the limits of
the proposed roadway widening. The Palm Springs General Plan includes policies (Policies 5b and 16)
requiring the irnrnediate cessation of construction/grading activities and notification of the City in the
event archeological resources are uncovered. A qualified archaeologist shall be summoned to determine
the significance of uncovered resources and specify appropriate mitigation. The recovery and/or
recordation of any archeological resource would occur per applicable local, State, and/or Federal
requirements. Because no archeological resources have been identified within the limits of the proposed
project,no significant impact associated with this issue will occur.
The Agua Caliente Band of Cahuilla Indians in a letter dated September 13 2004 has requested that
monitors approved by the t be Ue present during any ading or disturbance of subsurface areas The
following mitigation measure addresses that request.
CULT-1 A Native American Monitor shall be present dui ng all ground-disturbing activities. Experience
has shown that there is always a possibility of buried cultural resources in a proiect area. Given
that. a Native American Monitor(s)shall be present during all ground disturbing activities
including clearing and gibbing excavation burial of utilities planting of rooted plants etc
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on
the use and availability of Cultural resource monitors Should buried cultural deroosits be
encountered the Monitor shall contact the Director of Planning Services and after the
consultation the Director shall have the authority to halt destructive construction and shall notify
a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall
preroare a treatment rolan for submission to the State Historic Preservation Officer and Agua
Caliente Cultural Resource Coordinator for approval.
Additionally, if human remains should be found, all work shall be stopped, and the Coroner
notified.Work will be allowed to resume only after the approval of the Coroner.
City of Palm Springs Initial Sturdy 23 of 50 11/05/04
t
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to
§15064.5?
Less than Significant hnpaet. Please refer to Response 5(a).
c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature?
No Impact.The area to be disturbed consists of approximately 800 linear feet of sand on either side of the
existing road. Because of the disturbed condition of the fluvial deposits within the project limits, no
paleontological resources are expected to occur in this area. Therefore,no impact related to this issue will
occur.
d)Disturb any human remains, including those interred outside of formal cemeteries?
Less than Significant Impact. State Health and Safety Code Section 7050.5 states that if human remains
are encountered dining project construction, no further disturbance shall occur until the County Coroner
has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98.
The County Coroner must be notified of the find immediately. If the remains are determined to be
prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will
determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her
authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the
inspection within 24 hours of notification by the NAFIC. The MLD may recommend scientific removal
and nondestructive analysis of hurnan remains and items associated with Native American burials.
Because the proposed project would comply with all applicable regulations (including State Health and
Safety Code Section 7050.5),no significant impacts would occur with regard to human remains.
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
6.GEOLOGY AND SOILS—Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss,injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other ❑ ❑ ❑ ■
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking? ❑ ❑ ■ ❑
iii) Seismic-related ground failure, including ❑ ❑ ■ ❑
liquefaction?
iv)Landslides? ❑ ❑ ❑ ■
City of Palm Springs Initial Study 24 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b)Result in substantial soil erosion or the loss of ❑ ❑ ■ ❑
topsoil?
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 ❑ ❑ ■ El(1994), creating substantial risks to life or
property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater ❑ ❑ ❑ ■
disposal systems where sewers are not available
for the disposal of wastewater?
a) Expose people or structures to potential substantial adverse effects, including the risk of loss,
injury,or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
No Impact. According to the California Department of Conservation Alquist-Priolo Earthquake Fault
Zones maps (May 2002) and the Draft Geotechnical Investigation, the proposed project is not located
within an Alquist-Priolo Earthquake Fault Zone; therefore, no impact related to fault rupture will
occur.
ii) Strong seismic ground shaking?
Less than Significant Impact. The project, site is located in a highly seismic region within the
influence of several fault systems that are considered active or potentially active. The closest mapped
fault to the project limits is the Garnet Hill Fault, located approximately 0.5 mile north of the Gene
Autry Trail Bridge over the Union Pacific Railroad (UPRR) tracks. The nearest active fault to the
project limits is the San Andreas Fault (known locally as the Banning Fault) located approximately
2.5 to 3.0 miles northeast of the roadway. While the maximum magnitude quake on the San Andreas
Fault is estimated to be 7.4 (Richter scale), the proposed project does not include the construction of
habitable structures, nor would it increase the population in the area. The project would not increase
the risk of loss, injury, or death due to seismic ground shaking over the existing risk. Thus, no
significant impact would occur.
City of Palm Springs Initial Study 25 of 50 11/05/04
D
a
iii) Seismic-related ground failure, including liquefaction?
Less than Significant Impact. According to the City of Palm Springs General Plan Update EIR
(1992), the potential for liquefaction is very low throughout most of the City. The project is not
located in any of the areas of the City indicated in the EIR to have groundwater at a depth of less than
100 feet (i.e., near Agua Caliente Spring, areas immediately north of the Banning Fault, and certain
limited areas in the Santa Rosa Mountains). Based on information from the Coachella Valley Water
District (CVWS) the depth of groundwater at a well 0.75 mile north of the UPRR overerossing was
199 feet below grormd level (2002). The geotechnical investigation prepared for the proposed project
stated the potential for liquefactions of soils underlying the project site was, "relatively low." The
General Plan further states there is a "slight" potential for "differential compaction/seismic
settlement" within portions of the City. Because the project does not include the constriction of
habitable structures and would not increase the population in the area, potential impacts related to
these issues are less than significant.
iv) Landslides?
No Impact. The topography within the limits of the proposed project is generally flat. Elevations
within the project limits range from 540 feet above mean sea level (amsl) in the north to 455 feet artist
in the south (a slope of less than 1%.) The City of Palm Springs General Plan Update EIR (1992)
indicates that landslides are a concern primarily in the hilly and mountainous areas of the City.
Because the project site is located in a generally Rat area, with a low elevation differential across the
site, no impact related to this impact will occur.
b) Result in substantial soil erosion or the loss of topsoil?
Less than Significant Impact. According to the Soil Survey of Riverside County, California, Coachella
Valley Area (U.S. Department of Agriculture Soil Conservation Service 1980), the proposed project is
located on the Carsitas-Myoma-Carizo soil association. This association is described as nearly level to
moderately steep, somewhat excessively drained or excessively drained sands, fine sands, gravelly sands,
cobbly sands, and stony sands on alluvial fans and valley fill.The following soil types occur in the project
area:
• Carsitas gravelly sand, 0 to 9 percent slopes: runoff is slow, erosion hazard is moderate. The hazard
of soil blowing is slight.
• Carsitas cobbly sand, 2 to 9 percent slopes: nmoff is rapid. The erosion hazard is moderate. The
hazard of soil blowing is slight.
• Riverwash: frequently inundated during and following storms, and is subject to bank cutting, shifting,
and scouring, as well as deposition.
• Borrow pits: open excavations from which the soil and underlying material have been removed to
construct the canal banks and flood protection dikes across alluvial fans on the uphill side of the
Coachella Canal.
According to the soil survey, these soil types have a very low susceptibility to erosion. The project would
comply with all required erosion control measures and best management practices that would be required
as a part of the National Pollutant Discharge Elimination System (NPDES) permit (refer to Response
8[a]). Adherence to standard erosion control measures will reduce potential impacts associated with this
issue to a less than significant level.
City of Palm Springs Initial Study 26 of 50 11/05/04
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?
Less than Signifzcantlrnpact.Please refer to Responses 6(a)(i)—6(a)(iv) and 6(b).
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
Less than Significant Impact. The project is located on soils which have a low shrink-swell potential (U S.
Department of Agriculture Soil Conservation Service 1980); therefore, potential impacts related to this
issue are less than significant.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater
disposal systems where sewers are not available for the disposal of wastewater?
No Impact. The proposed project does not include the constriction of any structure or facility that will
generate wastewater, Because the installation or use of septic tanks or alternative wastewater disposal
systems is not required,no impact related to this issue will occur.
Less Than
Potentially Signifrcant`with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
7.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 materials?
b) Create a significant hazard to the public or the
enviromnent 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 within one-quarter mile of an existing or
proposed school?
d)Be located on a site which is included on a list
of hazardous materials sites compiled pursuant to
Govermnent Code Section 65962.5 and, as a ❑ ■ ❑ ❑
result, would it create a significant hazard to the
public or the environment?
City of Palm Springs Initial Study 27 of 50 11/05/04
�1
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact.
e)For a project located within an airport lard use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public rise ❑ El ❑ ■
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 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 structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to ❑ ❑ ❑ ■
mbmzized areas or where residences are
intennixed with wildlands?
a) Create a significant hazard to the public or the environment through the routine transport, use,
or disposal of hazardous materials?
Less than Significant Impact. The proposed project seeks to widen and improve an existing roadway to
accommodate existing and predicted future traffic. As a major thoroughfare, vehicles transporting
hazardous waste and/or materials are anticipated to utilize this roadway. The proposed project may
increase the traffic capacity or improve the level of service of the thoroughfare to the point that an
increased number of such vehicles may utilize this pathway, marginally increasing the potential hazard to
the public and/or the environment.However,this increase is not anticipated to be significant.
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?
Less than Significant Impact. The proposed project may increase the traffic capacity or improve the level
of service of the thoroughfare to the point that an increased number of such vehicles may utilize this
pathway, marginally increasing the potential hazard to the public and/or the environment in the event of
accidents involving these vehicles.However, this increased risk is not anticipated to be significant.
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school?
No Impact. The proposed project is not within one-quarter mile of an existing or proposed school
(Thomas Bros. Maps, San Bernardino and Riverside County, 2003; Palm Springs Unified School District,
http://www.psusd.kl2.ca.tis).
City of Palm Springs Initial Study 28 of 50 11/05/04
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,would it create a significant hazard to the public
or the environment?
Less than Significant with Mitigation Incorporated. LSA Associates, Inc. prepared a hazardous waste
initial site assessment (May 2004) for the proposed project. The database search found one leaking
underground storage tank in the project area, but not within the project limits. No evidence of spills,
accidental releases, or illegal dumping of hazardous materials or wastes was observed. Power pole-
mounted transformers, which may contain polychlorinated biphenyl (PCB), were observed within the
project limits. However, transformers are not considered a potential environmental concern unless they
are leaking.
The following measures would be incorporated into the project to reduce the significance of potential
hazardous material impacts to less than significant levels:
HAZ-1 Prior to constriction, the construction contractor shall conduct soil sampling for ADL in
unpaved locations adjacent to Gene Autry Trail within the project limits, if not previously
tested in accordance with Standard Special Provisions (SSP) XE 19-900. The analytical results
of the soil sampling will determine the appropriate handling of the soil and disposal of surplus
materials. After September 2005, Caltrans will no longer be under the DTSC-issued variance
for the reuse of lead-containing soils on construction projects; therefore, excavated hazardous
soils would require removal and disposal at a Class I or Accepting Class II landfill should the
project go out to construction after September 2005.1
HAZ-2 Prior to and during constriction, the construction contractor shall conduct testing and follow
removal requirements for yellow traffic striping and pavement marking in accordance with SPP
XE 15-300.
HAZ-3 The construction contractor shall determine if removal of groundwater will be required during
construction of the project. Any dewatering will require compliance with the Stormwater
Permit or an individual permit from the Colorado River Basin Regional Water Quality Control
Board (RWQCB), consistent with NPDES requirements. The RWQCB will decide which
permit is applicable and if sampling is required, once it receives and reviews the Notice of
Intent(NOI).
HAZ-4 Unless leaking, transformers observed during the course of the project should be considered a
potential PCB hazard unless tested, and should be handled accordingly.
HAZ-5 The construction contractor shall conduct lead-based paint surveys utilizing a certified
consultant prior to demolition of any painted structures in the project area.
HAZ-6 The construction contactor shall conduct asbestos surveys utilizing a certified consultant prior
to renovation or demolition of any structures in the project area.
1 December 4,2003, e-mail correspondence with District 8 Associate Environmental Planner Aaron
Burton.
City of Palm Springs Initial Study 29 of 50 11/05/04
e)Fora project located within an airport land use plan or,where such a plan has not been adopted,
within two miles of a public airport or public use airport, would the project result in a safety
hazard for people residing or working in the project area?
No Impact. While the project is located within two miles of the Palm Springs Regional Airport, the
project entails the widening of an existing roadway and does not include the construction of structures or
Facilities that would interrupt or impair airport operations. The proposed project as designed will facilitate
the passage of existing and future traffic to and through the City. Because the proposed project would not
expose persons or property to an airport-related safety hazard, no impact associated with this issue will
occur.
1) For a project within the vicinity of a private airstrip, would the project result in a safety hazard
for people residing or working in the project area?
No Impact. The project is not located in the vicinity of a private airstrip; therefore, no impact related to
this issue will occur.
g) Impair implementation of or physically interfere with an adopted emergency response plan or
emergency evacuation plan?
Less than Significant Impact. The project would widen and improve Gene Autry Trail, a major
thoroughfare, which would result in an increased level of service and improved traffic flow. This would
benefit emergency response and evacuation. Temporary construction-related delays may occur. The
construction contractor will be required to adhere to all City of Palm Springs standards to manage
construction activities so as to avoid any significant disruption to existing traffic flows. Adherence to City
standards will reduce potential impacts associated with this issue to a less than significant level.
h) Expose people or structures 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
wildlands?
No Impact. The project does not entail construction of habitable strictures, nor is the project site located
within a wildland fire hazard area. There would be no increased risk for property loss or personal injury
resulting from wildfires; therefore,no impact related to this issue will occur.
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
S.HYDROLOGY AND WATER QUALITY—Would the project:
a) Violate any water quality standards or waste El 11
discharge requirements?
City of Palm Springs Initial Study 30 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
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 ❑ ❑ ■ ❑
table level (e.g., the production rate of pre-
existing nearby wells would drop to a level which
would not support existing land uses or planned
uses for which permits have been granted)'?
c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the corpse of a stream or liver, 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 increase the rate or amount of
surface runoff in a manner which would result in
flooding on-or off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned ❑ ❑ ■ ❑
stonnwater 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 Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100-year flood hazard area
structures which would impede or redirect flood ❑ ❑ ❑ ■
flows?
i)Expose people or structures to a significant risk
of loss, injury or death involving flooding, ❑ ❑ ❑ ■
including flooding as a result of the failure of a
levee or dam?
j) Expose people or structures to inundation by ❑ ❑ ❑ ■
seiche,tsunami, or mudflow?
City of Palm Springs Initial Study 31 of 50 11/05/04
`ice
a) Violate any water quality standards or waste discharge requirements?
Less than Significant Impact. The Federal Water Pollution Control Act requires discharges (from point
and non-point sources) into navigable water to meet stringent National Pollutant Discharge Elimination
System (NPDES) permit standards. The U.S. Environmental Protection Agency (EPA) has published
regulations establishing requirements for application of storawater permits for specified categories of
industries, municipalities, and certain construction activities. The regulations require that discharges of
stornwater from construction activity of 1.0 acre or more must be regulated and covered by an NPDES
permit. When a construction area exceeds 1.0 acre in size, the applicant must develop and implement a
Storm Water Pollution Prevention Plan(SWPPP)to control non-point pollution.
The project would require earlhmovmg activities. Any such activity would increase the potential for the
erosion of exposed soils (either via wind or water). Although permanent erosion control measures would
be incorporated into the final design of the proposed project, temporary erosion control measures would
be required during construction. The project will obtain an NPDES permit from the Regional Water
Quality Control Board (RWQCB). Under the NPDES permit, a site-specific SWPPP will be required for
the project. The SWPPP will identify project-specific Best Management Practices (BMPs) that would
minimize the soil erosion and subsequent stormwater discharges.
Because erosion control methods will be adhered to throughout the duration of the proposed project, no
significant soil erosion or siltation impacts will result from implementation of the proposed project.
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
table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would
not support existing land uses or planned uses for which permits have been granted)?
Less than Significant Impact. The proposed project would not generate an additional water demand. The
proposed project would incrementally increase the amount of paved surface within the project area.
Currently, the existing paved area within the limits of the proposed project totals approximately 10 acres.
The additional paved area resulting from construction of the proposed roadway widening is 5.9 acres.
Because the project area is predominantly surrounded by open space, the increase of impermeable surface
area will not substantially interfere with the volume or extent of groundwater recharge. Because runoff
would continue to have adequate space to infiltrate into local groundwater basins, no significant impact
related to this issue will occur.
c) 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?
Less than Significant Impact. The existing roadway is raised on an embankment above the surrounding
terrain. At the northern limit of the project, the embankment is approximately 25 feet higher than the
surrounding terrain. As one moves south, the roadway slopes downward. For most of the project length,
the roadway embankment is one to two feet higher than the surrounding terrain.
The existing roadway has a crown, with both sides draining to the surrounding terrain. At Via Escuela,
runoff drains from Gene Autry Trail onto Via Escuela in both directions. On Via Esuela, west of Gene
Autry Trail, a storm drain inlet collects runoff. East of Gene Autry Trail, runoff flows on the street and
turns south onto Executive Way. This runoff eventually flows into a storm drain outlet at Executive Way
and Vista Chino Way. South of Via Esuela, curbs direct runoff from Gene Autry Trail toward two large
City of Palm Springs Initial Study 32 of 50 11/05/04
C�
storm drain inlets located just north of Chino Vista Way. These inlets connect to a storm drain pipe
network that discharges to the Whitewater River just south of Vista Chino Way.
From the UPRR bridge to Via Escuela, the widened roadway will have a crown and will drain in both
directions to the surrounding terrain. This drainage pattern is similar to existing conditions and allows
runoff to be discharged over a large area, rather than being funneled to a central discharge point where
erosion problems could occur. At Via Escuela, curbs and gutters will be constructed to direct runoff so
that it follows existing drainage patterns. From Via Escuela to Vista Chino Way, curbs will be
constructed to collect runoff from the widened roadway and direct it south to the existing storm drain
inlets on Gene Autry Trail just north of Vista Chino Way. Gene Autry Trail has already been expanded to
its frill width at this location.
Under existing conditions, 3.6 cubic feet per second (cfs) drain to these storm drain inlets. Under the
proposed project flow to these inlets will total 6.0 cfs. Based on the analysis contained in the Draft
Hydrology Report for the proposed project, this flow is not expected to extend beyond the roadway
shoulder.
The storm drain inlets on Gene Autry Trail were constructed as part of a storm drain line in Vista China
Way, which was designed to carry 166 cfs at the intersection of Gene Autry Trail, which is anticipated to
be sufficient to carry the runoff increase associated with the proposed project. Because drainage features
are sufficient to accommodate any increase in nmoff and because erosion control methods will be adhered
to tln oughout the duration of the proposed project,no significant impact related to this issue will occur.
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 increase the rate or amount of surface
runoff in a manner which would result in flooding on- or off-site?
Less than Significant Impact. The widened roadway will have a crown and will drain in both directions to
the surrounding terrain. This drainage pattern is similar to existing conditions. Where the roadway drain
to storm drain features, the increase in runoff charge is less than 3 cfs. The proposed project entails the
widening of an existing roadway within the existing right-of-way. While the proposed project would
incrementally increase runoff within the project area, it does not include the construction of structures of
facilities that would result in on- or off-site flooding; therefore, no significant impact related to this issue
will occur.
e) Create or contribute runoff water which would exceed the capacity of existing or planned
stormwater drainage systems or provide substantial additional sources of polluted runoff?
Less than Significant Impact. Please refer to Responses 8(c-d). When a constriction area exceeds 1.0 acre
in size, the applicant must develop and implement an SWPPP to control non-point pollution.Because the
proposed project will only incrementally increase impermeable surfaces, and because construction
activities will be required to adhere to applicable erosion control measures included in the SWPPP, no
significant impact related to this issue will occur.
f) Otherwise substantially degrade water quality?
Less than Significant Impact. The proposed project does not include the constriction of any permanent
stricture or facility that will utilize hazardous materials. Short-term construction activities will entail the
use of potentially hazardous automotive fluid and constriction materials. The use of such materials is
subject to State and Federal regulation, reducing potential impacts to a less than significant level. Storm
City of Palm Springs Initial Study 33 of 50 11/05/04
runoff from roadway surfaces tainted by sediment, petroleum products, commonly utilized construction
materials and to a lesser extent,trace metals such as zinc, copper,lead, cadmium and iron,may lead to the
degradation of stonnwater in downstream channels. The proposed project will incrementally increase, by
5.9 acres, the total amount of paved surfaces in the City. Adherence to NPDES requirements will reduce
potential impacts related to this issue to a less than significant level.
g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
No Impact. The proposed project does not include the construction of housing; therefore, no impact
related to this issue will occur.
h) Place within a 100-year flood hazard area structures which would impede or redirect flood
flows?
No Impact. The existing roadway follows the elevation of the channel bottom of the Whitewater River.
During storm events water flows over the roadway. The project passes through the 100-year flood zone
for the Whitewater River. The proposed roadway will not be constructed at a greater height than the
existing roadway. The proposed project will not result in the construction or occupation of any structure
that will cause a rise in the upstream surface elevation; therefore, no impact on the 100-year floodplain
will occur.
i) Expose people or structures to a significant risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a levee or dam?
No Impact. The project area is partially located within the 100-year floodplain of the Whitewater River.
The Coachella Valley Water District (CVWD) is responsible for maintaining this portion of the
Whitewater River channel as a flood-control facility, while the Riverside County Flood Control and
Water Conservation District (RCFCWCD) is responsible for maintaining the levee along the south bank
of the river. This levee provides 100-year flood protection to the developed areas south and west of the
Whitewater River. The proposed project entails the widening of an existing roadway. The proposed
project does not include the alteration of any existing flood control features. Because protection from the
100-year flood is provided by existing levees, and because the proposed project does not include the
construction and/or occupation of any habitable structure,no impact related to this issue will occur.
j)Expose people or structures to inundation by seiche,tsunami, or mudflow?
No Impact. Impacts associated with a seiche or tsunami are associated with proximity to a standing water
body or the ocean,respectively. The proposed project is not located in close proximity to standing water,
and is not in a coastal area. Thus,no impacts from seiche or tsunami would occur. According to the Palm
Springs General Plan Update EIR (1992), the project is not located in an area(near the base of mountains
or hillsides) that would be at a substantial risk for mudflow. The proposed project would modify an
existing road, and thus would not create a new or increased risk of inundation by mudflow. No impacts
related to this issue will occur.
City of Palm Springs Initial Study 34 of 50 11/05/04
9.LAND USE AND PLANNING—Would the project:
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
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
enviroiunental effect?
c) Conflict with any applicable habitat
conservation plan or natural community ❑ ❑ ❑ ■
conservation plan?
a)Physically divide an established community?
No Impact. The proposed project consists of widening an existing roadway, which is located on the outer
periphery of the City of Palm Springs. Thus, no division of an established community would result from
implementation of the proposed project.
b) Conflict with any applicable land use plan, policy, or regulation of in 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?
No Impact. The proposed project is consistent with the City of Palm Springs General Plan and Zoning
Ordinance.No other adopted plans have jurisdiction over the proposed project.
c) Conflict with any applicable habitat conservation plan or natural community conservation plan?
No Impact. Please refer to discussion of habitat conservation plans in the biological resources section.
City of Palm Springs Initial Study 35 of 50 11/05/04
10.MINERAL RESOURCES—Would the project:
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
a) Result in the loss of availability of a luiowir
inineral 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 mineral resource recovery site ❑ ❑ ❑
delineated on a local general plan, specific plan
or other land use plan?
a) Result in the loss of availability of a known mineral resource that would be of value to the region
and the residents of the state?
No Impact. The City of Palm Springs General Plan does not indicate any mineral resources in the vicinity
of the project area. The Plan states that surface mining shall be limited to those areas designated MRZ-2
or SZ by the State Mining and Geology Board. While the General Plan indicates that some parts of the
Whitewater River drainage contain important deposits of sands and gravel, the area within and adjacent to
the project area is designated as MRZ-3 and Water by the State Mining and Geology Board. Furthermore,
the proposed project does not include the any manner of mineral extraction; therefore, no impact
associated with this issue will occur.
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated
on a local general plan,specific plan or other land use plan?
No Impact. Please refer to Response 10(a).
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
11.NOISE—Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the ❑ ❑ ❑
local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive gromrdborne vibration or groundborne ❑ ❑ ■ ❑
noise levels?
City of Palm Springs Initial Study 36 of 50 11/05/04
lr ~�
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels ❑ ■ ❑ ❑
existing without the project?
d)A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above ❑ ❑ ■ ❑
levels existing without the project?
e)For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use ❑ ❑ ❑ ■
airport, would the project expose people residing
or working in the project area to excessive noise
levels?
fl For a project within the vicinity of a private
airship, would the project expose people residing ❑ ❑ ❑ ■
or working in the project area to excessive noise
levels?
a) Exposure of persons to or generation of noise levels in excess of standards established in the local
general plan or noise ordinance, or applicable standards of other agencies?
Less than Significant with Mitigation Incorporated. Construction of the proposed project is expected to
require the use of earthmovers, bulldozers, and water and pickup trucks. The worst-case composite noise
level at the nearest residence during construction would be 91 decibels (dBA) L , (at a distance of 50
feet from an active constriction area). hi order to mitigate noise impacts during construction, specific
mitigation measures including restricted construction hours are required by the City. Mitigation Measures
NOI-1 to N0I4 will reduce construction noise impacts to a less than significant level.
N0I-1 The project contractors shall equip all constriction equipment, fixed or mobile, with properly
operating and maintained mufflers consistent with manufacturers' standards.
N0I-2 The project contractor shall place all stationary construction equipment so that emitted noise is
directed away from sensitive receptors to the west of the site.
N0I-3 The construction contractor shall locate equipment staging in areas that will create the greatest
distance between constriction related noise sources and noise sensitive receptors to the west of
The site during all project construction.
N0I4 During all project site construction, the constriction contractor shall limit all construction related
activities that would result in high noise levels to between the hours of 7:00 a.m. and 7:00 p.m. on
weekdays and 8:00 a.m. to 5:00 p.m. on Saturdays. No construction shall be allowed on Sundays
and federal holidays.
Please note that operational impacts of the roadway are discussed in item c)below.
City of Palm Springs Initial Shady 37 of 50 11/05/04
` -7
b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise
levels?
Less than Significant Impact. Construction of the project would not result in significant groundborne
vibration or groundborne noise on properties adjacent to the project site. Furthermore, project operation
would not generate significant groundbome noise and vibration. Therefore, no significant groundbome
noise and vibration impacts would occur, and no mitigation measures are required.
c) A substantial permanent increase in ambient noise levels in the project vicinity above levels
existing without the project?
Less than Significant With Mitigation Incorporated. The only sensitive receptors (residents) in the
vicinity of the project are the existing homes west of the road between Vista Chino and Via Escuela. The
proposed project will expand Gene Autry Trail in this reach from two to six lanes by widening the
roadway to the east; all roadway widening will occur away from the residences. Without the proposed
project, the residences will be exposed to future noise levels of up to 69.8 dBA CNEL with the roadway
in its existing configuration. With the proposed project, the residences will be exposed to future with
project noise levels of up to 72.5 dBA CNEL.The proposed project will increase the traffic noise level by
2.7dBA CNEL; this increase is less than the 3 dBA increase that is perceptible to the human ear in
outdoor environments. Noise levels will exceed the City's exterior noise standard of 65 dbA CNEL,
however.
Construction of an 8-foot sound wall/berm combination located along the residential property Ime will
reduce the exterior noise level by approximately 8 dBA. This barrier will reduce the future with project
traffic noise levels to 64.2 dBA CNEL. These noise levels are less than the City's exterior noise standard
of 65 dBA CNEL.
Mitigation Measure NOI-5 will reduce operational noise impacts to a less than significant level.
NOI-5 The City shall construct an 8-foot high noise wall, or wall/berm combination adjacent to
residential properties on the west side of the roadway between Vista Chino and Via Escuela. The
design of the noise barrier will be approved by an acoustical engineer.
d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above
levels existing without the project?
Less than Significant with Mitigation Incorporated. As discussed in Response II(a), above, mitigation
measures are required for noise associated with construction activity. As discussed in Response 11(c),
above,traffic noise increases will be less than significant.
e)For a project located within an airport land use plan or,where such a plan has not been adopted,
within two miles of a public airport or public use airport,would the project expose people residing
or working in the project area to excessive noise levels?
No Impact. The proposed project is located within two miles of the Palm Springs Regional Airport.
However, the project would not affect operations at the airport, nor would it entail the construction of
habitable structures. Furthermore, according to the Draft EIR/EIS for Implementation of Airport Master
Plan and F.A.R. Part 150 Study (Coffman Associates, 1995, for the City of Palm Springs), the proposed
project is outside of the 60 CNEL noise contour of the Palm Springs Regional Airport. Because the
proposed project would not expose people residing or working near the project area to airport-related
noise,no impact associated with this issue will occur.
City of Palm Springs Initial Study 38 of 50 11/05/04
t)For a project within the vicinity of a private airstrip,would the project expose people residing or
working in the project area to excessive noise levels?
No Impact. The project is not located in the vicinity of a private airstrip; therefore, no impact related to
this issue will occur.
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
12.POPULATION AND HOUSING—Would the project:
a) induce substantial population growth in an
area, either directly (for example, by proposing
new homes and businesses) or indirectly (for ❑ ❑ ❑ ■
example, through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction of ❑ ❑ ❑ ■
replacement housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement ❑ ❑ ❑ ■
housing elsewhere?
a) Induce substantial population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example, through extension of roads or other
infrastructure)?
No Impact. As envisioned in the City's General Plan, the proposed project entails the widening and
improving Gene Autry Trail to accommodate existing and predicted future traffic. The project does not
include the construction of new residential or employment-generating uses. Gene Autry Trail is an
existing facility. Because the proposed widening of Gene Autry Trail has been anticipated in the City's
General Plan, it will not result in population growth or the extension of infrastructure that has not been
already anticipated.Because the proposed project will facilitate growth already anticipated by the City,no
impact related to this issue will occur.
b) Displace substantial numbers of existing housing, necessitating the construction of replacement
housing elsewhere?
No Impact.The proposed project would not displace any existing housing. Thus,no impact would occur.
c) Displace substantial numbers of people, necessitating the construction of replacement housing
elsewhere?
No Impact. The proposed project would not displace any housing, businesses, or other habitable
structures.Thus,no impact would occur.
City of Palm Springs Initial Study 39 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
13. PUBLIC SERVICES —Would the project result in substantial adverse physical impacts associated with the
provision of new of physically altered governmental facilities, need for new or physically altered govenunental
facilities,the construction of which could cause significant envnorunental impacts,in order to maintain acceptable
service ratios,response times or other performance objectives for any of the public services:
a)Fire protection? ❑ ❑ ■ ❑
b)Police protection? ❑ ❑ ■ ❑
c) Schools? ❑ ❑ ❑ ■
d)Parks? ❑ ❑ ❑ ■
e) Other public facilities? ❑ ❑ ❑ ■
a) Fire protection?
Less than Significant Impact. The proposed project would not result in a population increase and does not
entail the construction of structures requiring fire protection. However, a short-tern effect relating to
response time may occur if traffic flow along the road is restricted during roadway improvements.
Adherence to City fire protection and emergency access requirements will reduce potential impacts
related to this issue to a less than significant level.
b)Police protection?
Less than Significant Impact. The proposed project would not result in a population increase and does not
entail the construction of structures requiring additional police protection. However, a short-term effect
relating to response time may occur if traffic flow along the road is restricted during roadway
improvements. Adherence to police protection and emergency access requirements will reduce potential
impacts related to this issue to a less than significant level.
c) Schools?
No Impact. The proposed project would not result in a population increase, nor would it adversely affect
any existing schools.No impact would occur.
d)Parks?
No Impact. The proposed project would not result in a population increase, nor would it adversely affect
any existing parks. No impact would occur.
e) Other public facilities?
No Impact. Because the project would not result in a population increase, no impact to other public
facilities would occur.
City of Palm Springs Initial Study 40 of 50 11/05/04
S�
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
14.RECREATION—Would the project:
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the
facility would occur or be accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational L1 El
facilities which might have an adverse physical
effect on the environment?
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such
that substantial physical deterioration of the facility would occur or be accelerated?
No Impact. The proposed project would not result in a population increase, nor would it adversely affect
any existing parks or recreational facilities.No impact would occur.
b) Include recreational facilities or require the construction or expansion of recreational facilities
which might have an adverse physical effect on the environment?
No Impact. The project does not entail the construction or expansion of recreational facilities; therefore,
no impact related to this issue will occur.
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
15.TRANSPORTATION/TRAFFIC—Would the project:
a) Cause an increase in traffic which is
substantial in relation to the existing traffic load
and capacity of the street system(i.e., result in a El 0
substantial increase in either the number of
vehicle hips, 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 Li El 13 0
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?
City of Palm Springs Initial Study 41 of 50 11/05/04
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous ❑ ❑ ❑ ■
intersections) or incompatible uses (e.g., farm
equipment)?
e)Result in inadequate emergency access'? ❑ ❑ ■ ❑
t)Result in inadequate parking capacity'? ❑ ❑ ❑ ■
g) Conflict with adopted policies, plans, or _
programs supporting alternative transportation ❑ ■ ❑
(e.g.,bus turnouts,bicycle racks)?
a) Cause an increase in traffic which is substantial in relation to the existing traffic load and
capacity of the street system (i.e., result in a substantial increase in either the number of vehicle
trips,the volume to capacity ratio on roads, or congestion at intersections)?
Less than. Significant Inipact. The proposed project would widen and improve an existing road, with the
goal of accommodating existing and predicted future traffic. The project would not generate additional
vehicle trips beyond those anticipated in the City's General Plan.
b) Exceed, either individually or cumulatively, a level of service standard established by the county
congestion management agency for designated roads or highways?
No Impact. The proposed project is intended to increase the capacity of the roadway by widening and
improving it. This would have a beneficial effect on the level of service along the road and would not
exceed a level of service standard established by the County congestion management agency for
designated roads or highways. The proposed widening of Gene Autry Trail is included in the City's
General Plan. Rather than contributing to traffic-related impacts, the proposed project will facilitate
development envisioned in the General Plan. No impact related to this issue will occur.
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?
No Impact. The proposed project does not entail any changes in air traffic patterns. No impact related to
this issue will occur.
d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g.,farm equipment)?
No Impact. The proposed project entails the widening and improvement of an existing road. No new
design features that would increase hazards or incompatible uses would be introduced as a result of the
project; therefore,no impact related to this issue will occur.
City of Palm Springs Initial Study 42 of 50 11/05/04
7
e)Result in inadequate emergency access?
Less than Significant Impact. The project would widen and improve Gene Autry Trail, a major
thoroughfare, which would result in an increased level of service and improved traffic flow. This would
improve emergency access. Short-term construction activities may limit or otherwise alter access along
Gene Autry Trail. Adherence to City emergency access/access control requirements during the period of
construction will reduce potential impacts related to this issue to a less than significant level.
f)Result in inadequate parking capacity?
No Impact. The project would not add or remove on-street parking. The proposed project does not entail
the construction of facilities which would increase parking demand. Thus, no impacts relating to parking
capacity are anticipated.
g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g.,
bus turnouts,bicycle racks)?
Less Than Significant with Mitigation Incorporated. The proposed project will be constructed in
conformance with all adopted policies, plans, and programs supporting alternative transportation.
Adherence to these policies and programs will ensure that no impact related to this issue will occur. The
SunLine Transit Agency has requested inclusion of the following mitigation measure to reduce potential
impacts to bus service.
CIRC-1 The City will incorporate bzas tzrnouts at the northwest corner ofthe Vista Chino intersection.
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Lnpact Incorporated Impact No Impact
16.UTILITIES AND SERVICE SYSTEMS—Would the project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control ❑ ❑ ❑ ■
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction ❑ ❑ ❑ ■
of which could cause significant environmental
effects?
c) Require or result in the construction of new
stormwater 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 are new or expanded entitlements
needed?
City of Palm Springs Initial Study 43 of 50 11/05/04
J�
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
e) Result in a determination by the wastewater
treatment provider which serves or may serve the
project that it has adequate capacity to serve the ❑ ❑ ❑ ■
project's projected demand in addition to the
provider's existing cominitments?
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?
a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control
Board?
No Impact. The proposed project does not include the construction or operation of any use that would
directly generate wastewater. Thus,no impacts relating to wastewater treatment are anticipated.
b) Require or result in the construction of new water or wastewater treatment facilities or
expansion of existing facilities, the construction of which could cause significant environmental
effects?
No Impact. Because the proposed project will not generate additional wastewater flows,no increase in the
amount of wastewater processed at treatment facilities will occur. The expansion of existing and/or
construction of new facilities is not necessary.No impact related to this issue will occur.
c) Require or result in the construction of new stormwater drainage facilities or expansion of
existing facilities,the construction of which could cause significant environmental effects?
No Impact. Please refer to Responses 8(d-e). The proposed project entails the widening of an existing
roadway, and would not substantially increase the amount of surface water flows that would require the
expansion of the existing storm drainage system.
d) Have sufficient water supplies available to serve the project from existing entitlements and
resources,or are new or expanded entitlements needed?
Less than Significant Impact. The proposed project entails the widening of an existing roadway and does
not include the construction or occupation of any use that requiring a long-term water supply. While
water will be required during construction activities, the limited extent of the project site and the limited
duration of construction will not result in a significant amount of water usage. Impacts related to this issue
are, therefore,less than significant.
City of Palm Springs Initial Study 44 of 50 11/05/04
r4L+
�
e) Result in a determination by the wastewater treatment provider which serves or may serve the
project that It has adequate capacity to serve the project's projected demand in addition to the
provider's existing commitments?
No Impact. Please refer to Responses 16(a-b).
1) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid
waste disposal needs?
Less that Significant Impact. The proposed project would not create a new permanent source of solid
waste. Any solid waste generated dining construction of the project would be disposed of in a maihner
compliant with all Federal, State, and local statutes and regulations relating to solid waste. Adherence to
these regulations will reduce potential impacts related to this issue to a less than significant level.
g) Comply with Federal, State, and local statutes and regulations related to solid waste?
Less than Significant Impact. The proposed project would not create a new permanent source of solid
waste generation. Any solid waste generated during construction of the project would be disposed of in a
manner compliant with all Federal, State, and local regulations. Adherence to these regulations will
reduce potential impacts related to this issue to a less than significant level.
Less Than
Potentially Significant with Less Than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
17.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 wildlife population to drop below
self-sustaining levels, threaten to eliminate a ❑ ■ ❑ ❑
plant or animal community,reduce the number or
restrict the range of a rare or endangered plant or
animal or eliminate important examples of the
major periods of California history or prehistory?
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 ❑ ❑ ■ ❑
effects of past projects, the effects of other
current projects, and the effects of probable
future projects.)
c) Does the project have environmental effects
which will cause substantial adverse effects on ❑ ❑ ■ ❑
human beings,either directly or indirectly?
City of Palm Springs Initial Study 45 of 50 11/05/04
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 wildlife population to drop below self-
sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict
the range of a rare or endangered plant or animal or eliminate important examples of the major
periods of California history or prehistory?
Less than Significant With Mitieation Incornorated1H+pa-e4. While the proposed project will impact
(directly and indirectly) 19.81 acres of direct impacts and 75.42of indirect impact within the area covered
by the Draft Coachella Valley Conservation Plan, mitigation has been identified that reduces the impacts
to biological resources to a less than significant level. No significant cultural, historic, or paleontologic
resource has been identified within the project limits. Adherence to standard City and State measures
related to the discovery, recovery and/or recordation of cultural resources and/or human remains during
construction activities will ensure no significant impact to cultural resources will result from
implementation of the proposed project.
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 effects of past projects, the effects of other current projects,
and the effects of probable future projects.)
Less than Significant Impact. The proposed project will result in the improvement of Gene Autry Trail as
envisioned in the City's General Plan. Potential cumulative impacts associated with the widening of this
roadway have been previously identified and mitigated. The proposed project is in conformance with the
roadway improvements envisioned in the City's General Plan; therefore, no significant cumulative impact
associated with this issue will occur.
c) Does the project have environmental effects which will cause substantial adverse effects on
human beings, either directly or indirectly?
Less than Significant Impact. As stated in previous responses,the proposed widening of Gene Autry Trail
will not result in any significant impact (either direct, indirect, or cumulative). The proposed project will
fulfill the goals and objectives set forth in the City in its General Plan and will facilitate the safe and
timely passage of persons and goods to and through the City. No adverse effects on human populations
will occur.
REFERENCE DOCUMENTS
Biological Resources Study,LSA Associates, Inc.,May 2004.
City of Palm Springs, General Plan, 1991.
Coachella Valley Conservation Plan Addressing the Direct, Indirect, and Cumulative Effects oflnterstate
10 Coachella Valley Interchange Projects, California Department of Transportation,August 2003.
Cultural Resource Assessment Gene Autry Trail Widening Project, LSA Associates,Inc.,May 2004.
Draft Environmental Impact Report, Palm Springs General Plan Update, Smith Peroni &Fox, December
1992.
Hazardous Waste Initial Site Assessment, Gene Autry Trail Widening Project/Gene Autry Trail Bridge
City of Palm Springs Initial Study 46 of 50 11/05/04
Widening Project, LSA Associates, Lie., August 2003.
Gene Autry Trail, Draft Hydrology Report Project 02-03,HDR Engineering Inc.,November 2003.
Noise lnapactAnalysis, Gene Autry Trail Ydening Project, LSA Associates, Inc.,May 2004.
LISTED BELOW ARE THE PERSONS WHO PREPARED OR PARTICIPATED IN THE
PREPARATION OF THE INITIAL STUDY:
City of Palm Springs, California
Douglas R. Evans, Director of Strategic Planning
Jing Yen, Principal Planner
David Barachian, Public Works Director
Marcus Fuller, Senior Engineer
LSA Associates,Inc.
Lynn Calvert-Hayes, Principal in Charge Sheryl Ziegler, Assistant Environmental Planner
Lyndon Calerdine,Principal Steve Dong, Editor
Carl Winter, Senior Environmental Plarmer David Cisneros, Graphics Technician
City of Palm Springs Initial Study 47 of 50 11/05/04
C�
DETERMINATION
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 will be prepared.
El I find that the proposed project MAY have a significant effect on the environment, and au
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact' or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
El adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis 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 EIR
El or NEGATIVE DECLARATION pursuant to applicable standards, and(b)have been avoided
or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revisions or mitigation measures that are unposed upon the proposed project, nothing further
is required.
Douglas R. Evans Date
Director of Strategic Planning
City of Palm Springs Initial Study 48 of 50 111051
��
ORIGINAL COMMENT LETTERS ON DRAFT INITIAL STUDY
City of Palm Springs Initial Study 49 of 50 11/05/04
United States Department of the Interior
FISH AND WILDLIFE SERVICE LNX
Ecological Services •'''
Carlsbad Fish and Wildlife Office
6010 Hidden Valley Road
Carlsbad,California 92009
In Reply Refer To:
FWS-ERN-3284.3
Mr.Douglas R. Evans
Director of Strategic Planning
Department of Planning and Zoning SEP 13 2004
City of Palm Springs
3200 E.Tahquitz Canyon Way
Palm Springs, California 92262
Re: Notice of Availability of an Initial Study and Notice of Intent to Adopt Mitigated
Negative Declaration for Widening Gene Autry Trail between Vista Chino and the
Approach to the Union Pacific Railroad Bridge in the City of Palm Springs,Riverside
County, California
Dear Mr.Evans:
This letter acknowledges the U.S.Fish and Wildlife Service's (Service) receipt on August 13,
2004, of your August 11, 2004, letter distributing the Notice of Availability of an Initial Study
(IS) and Notice of Intent to adopt Mitigate Negative Declaration (MND)for the Gene Autry Trail
Widening between Vista Chino and the Union Pacific Railroad Bridge.
The proposed project will widen the existing Gene Autry Trail from two to six lanes between
Vista Chino and Via Escuela and from two to four lanes between Via Escuela and the Union
Pacific Railroad crossing through the Whitewater River. The widened roadway will have an 80-
foot cross-section in the six-lane segment, and a 64-foot cross-section in the four-lane segment.
All travel lanes will be 12 feet wide and the roadway will provide two 8-foot wide shoulders
usable to bicycles. The proposed project will include the installation of a new traffic signal at the
intersection of the Gene Autry Trail and Via Escuela. Caltrans is planning to widen Gene Autry
Trail from the Union Pacific Railroad Crossing north through the Interstate 10 interchange as part
of their Palm Drive/Gene Autry Trail Interchange Improvement Project.
The proposed project will follow the Conservation Plan (Plan)Addressing the Direct, Indirect,
and Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects(Caltrans 2003)
for addressing effects to sensitive, State, and federally listed species. The proposed project is
included in the Plan for addressing direct and indirect effects to the federally threatened
TAKE PRIOW j
Mr.Douglas R.Evans (FWS-ERN-3284.3) 2
Coachella Valley fringe-toed lizard(Uma inomata),the endangered Coachella Valley milk-vetch
(Astragalus lentiginosus var. coachellae), and the Federal candidate Coachella Valley round-
tailed squirrel (Spermophilus tereticaudus chlorus)in addition to several sensitive species in the
Coachella Valley. A programmatic biological opinion will be in place for the five interchange
projects and the associated arterial street improvement projects that are discussed in the Plan.
Impacts from the proposed project to federally listed species will be addressed through a tiered
biological opinion under the programmatic biological opinion.
The IS discusses the project in relation to the Draft Coachella Valley Multiple Species Habitat
Conservation Plan(CVMSHCP). If the CVMSHCP is finalized prior to implementation of the
proposed project,then the proposed project will follow the conservation strategy outlined in the
CVMSHCP. If the CVMSHCP is not finalized, then the IS and MND need to be modified to
incorporate the conservation strategy for crossing the Whitewater River as described in the
CVMSHCP. The following language is taken from the CVMSHCP and should be included in
the environmental documents for the proposed project:
"The appropriate Local Permittee for the project will ensure that when Gene Autry Trail and
Indian Avenue are widened to six lanes, or in 2038-39, whichever comes first, fluvial and aeolian
sand transport capacity is not reduced. Roadway design will facilitate aeolian sand transport.
Sand that accumulates upwind of either road will be deposited on the downwind side of the road
to address potential impacts to aeolian sand transport. At the same time, the appropriate Local
Permittee will also ensure that wildlife underpasses of sufficient size,to be determined in
consultation with CDFG and the USFWS, are installed to provide movement of Coachella Valley
round-tailed ground squirrel,Palm Springs pocket mouse, and Coachella Valley fringe-toed
lizard, and other species."
The City of Palm Springs IS may be inconsistent with planning efforts for the CVMSHCP
regarding the effects of a two lane road versus a four lane road on wildlife movement. Within
the CVMSHCP, two lane roads are considered to not form a barrier to wildlife movement while
roads widened from two to four lanes or wider will have significant impacts to wildlife
movement. On page 15 of 24 in the City of Palm Springs IS,the text states that"The current
roadway has already caused some wildlife movement impact and it is anticipated the proposed
project will incrementally add to this. The Draft CVMSHCP recognizes the ultimate roadway as
part of the plan." While the current roadway may have some impacts to wildlife movement,
these impacts become significant when the road is widened to four or more lanes. Therefore, the
IS/MND should acknowledge reliance on the prospective CVMSHCP to mitigate the long-term
barrier posed by the proposed road widening project. However,the document does not provide a
contingency measure for providing wildlife underpasses if the CVMSHCP is not approved. To
avoid creating long-term adverse effects to wildlife movement,the IS/MND needs to be revised
by adding a measure to require wildlife undercrossings by a certain time,regardless of whether
the CVMSHCP is approved and implemented.
Mr.Douglas R.Evans (FWS-ERIV-3284.3) 3
If you have any questions or concerns about this consultation or the consultation process in
general,please contact John DiGregoria of this office at(760)431-9440.
Sincerely,
4x��
Therese O'Rourke
Assistant Field Supervisor
�ijZ
STATEOFCALIFORNIA Hinold`i h�r7�a-ggQr Gnvarnnl
NATIVE AMERICAN HERITAGE COMMISSION
915 CAPITOL MALL, ROOM 364
F
SACRAMENTO, CA 95814
(916)653-4082
(916)657-5390—Fax
September 8, 2004
Mr. Douglas R. Evans
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263-2743
Re: Negative Declaration: 5.0929-Gene Autry Trail Widening between Vista Chino and Union Pacific
Railroad Bridge
SCH#2004081084
Dear Mr. Evans:
Thank you for the opportunity to comment on the above referenced Negative Declaration. The
Commission was able to perform a record search of its Sacred Lands File for the project area, which failed to
indicate the presence of Native American cultural resources in the immediate project area The absence of specific
site information in the Sacred Lands File does not indicate the absence of cultural resources in any project area.
Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Thank you for consulting with members of the Cahuilla tribe on this initial study. We agree that Native
American monitors from the Agua Caliente Band would be the appropriate individuals to work on this project.
Lack of surface evidence of archeological resources does not preclude the existence of archeological
resources. Lead agencies should include provisions for accidentally discovered archeological resources during
construction per California Environmental Quality Act(CEQA), Public Resources Code§15064.5 (f); Health and
Safety Code§7050.5; and Public Resources Code§5097.98 mandate the process to be followed in the event of an
accidental discovery of any human remains in a location other than a dedicated cemetery and should be included in
all environmental documents. If you have any questions, please contact me at (916)653-6251.
Sincerely,
Carol Gaubatz
Program Analy
Cc: State Clearinghouse
SUP 18 200;
Nanning ik Zoning
�V WORDEN WILLIAMS APC
Representing Public Agencies, Private Entities, and Individuals
September 10, 2004
AREAS Or PRACTICE
PUBLIC AGENCY
Via Facsimile & U.S. Mail LAND USE AND
ENVIRONMENTAL
City of Palm Springs REAL ESTATE
3200 Tahquitz Canyon Way PERSONAL INJURY
Palm Springs, California 92262 ESTATE PLANNING
,AND ADMINISTRATION
Attention: Doug Evans, Director of Strategic Planning CIVIL LITIGATION
Re: Gene Autry Trail Widening
ArIORNEYS
Dear Mr. Evans: TRACY R.RICHMOND
D WAYNE RRECHTEL
On behalf of the Sierra Club and Center For Biological Diversity, we are writing TERRY I IKILPATRICK
to object to the City's approval of the Gene Autry Trail Widening (the "Project").'
As it is currently designed, the proposed Project violates the California TERRY clogs
Environmental Quality Act because the Project will have a significant and MAI-INDA R DICIKINSON
unmitigated adverse effect on the endangered Coachella Valley milk vetch, MICHAEL R.FURMAN,LL M
Coachella Valley Fringe-toed lizard, and other sensitive animals. Or Caunsel
D DWIGHT WORDEN
1. Coachella Valley Milk Vetch Or Counsel
W SCOTT WILLIAMS
The Mitigated Negative Declaration ("MND") prepared for the Gene Autry Trail O(Counsel
widening states that Coachella Valley milk vetch was observed to be present on
the site during the field survey (Page 14.) The MND indicates that the impact to OFFICE
the milkvetch is "less than significant with mitigation incorporated." (Page 14.) 462 STEVENS AVENUE
The only mitigation incorporated in the MND is that the City ensure that lands SUITE iaz
identified for preservation in the "Conservation Plan Addressing the Direct, SOLANA oLACIH
CALIFORNIA
92075
r
1111I 711-6604 TFI FYHONE
Both organizations are non-profit, public interest environmental organization (FO8)755-9I98 FACUMILE
dedicated to the protection of native species and their habitats through science,
policy, and environmental law,and each have members that study and enjoy the w"'w wmd(nw'lh ms coiv
resources described in this letter and who will be harmed by the destruction of
these resources.
RECEIVED
5[P 15, 2004
ptdnning '& Zonincl
Doug Evans
September 10, 2004
Page 2
Indirect, and Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects, August
2003" have been implemented prior to construction. However, it is our understanding that the
Interchange Conservation Plan is not final, and as a result, the U.S. Fish &Wildlife Service has
not given final approval. It is, therefore, premature to conclude that the impacts will be
mitigated to below significance. It is possible that additional mitigation, in addition to off-site
preservation, will be necessary to mitigate the impacts to below significance. In fact, the
Biological Report also suggested the following additional mitigation measure:
A focused sensitive plant survey will be required to locate and map locations of
these and any other sensitive plants that may be present within the ROW.
The MND failed to include this mitigation measure.
The Biological Report clearly stated that impacts to milkvetch are significant. Thus, adoption
of an MND is only appropriate if there is certainty that the impacts will be mitigated to below
significance. In this case, because the Conservation Plan is not final, the entire mitigation
package is uncertain. Furthermore, the MND references several measures proposed as part of
the Coachella Valley MI-ICP. Again, this document is not final and it is premature to conclude
that impacts are mitigated based on this document.
2. Desert Tortoise
Although no desert tortoise were found on the site at the time of the survey, that does not
preclude the possibility of tortoise relocating to the site prior to construction. The MND should
include a measure to deal with tortoise of they are found during construction.
3. Coachella Valley Fringe-toed Lizard
The Coachella Valley fringe-toed lizard, a federally listed as threatened and State listed as
endangered species, has a high potential of occurring within the project site. The Biological
Report stated "If the Coachella Valley fringed-toed lizard and/or the Coachella Valley round-
tailed ground squirrel (a federal candidate species for listing) are determined to be present on-
site, impacts to native habitats on-site would also be considered significant as related to these
species. (Page 11.)
Again, the only mitigation proposed for the Project's impacts to these species is participation
in the Conservation Plan mentioned above. For the same reasons stated above, adoption of
an MND is premature given the uncertainty of the final Conservation Plan.
City0ol ImW Comments.w[A r
W
Doug Evans
September 10, 2004
Page 3
In addition, according to the Biological Report, the Coachella Valley MHCP proposes that
wildlife underpasses of sufficient size will be installed to provide for the movement of the
Coachella Valley round-tailed ground squirrel, flat-tailed horned lizard, Palm Springs pocket
mouse, and the Coachella Valley fringe-toed lizard. (Page 13.) However, the MND fails to
identify this as a mitigation measure, and cannot rely on the MHCP since it is not a final
document.
4. Non-listed Species
The MND failed to identify that two non-listed species were cbse:ved during the field surveys
on site: the chaparral sand verbena and the San Diego black-tailed jackrabbit. The non-listed
species are of limited distribution in Southern California and ongoing development in the
region is further reducing their range and numbers. The MND should identify their presence
of these species and propose mitigation for the reduction in range that the Project will cause.
5. Bird Species
The MND failed to include a measure to schedule construction outside of peak nesting season,
which was identified in the Biological Report as follows:
The California Fish and Game Code and Migratory Bird Treaty Act prohibit the
destruction of bird nests, including raptor nests, during the breeding season.
Project construction activities that may result in the destruction of active nests
should be scheduled outside the peak nesting season (March through August).
Potential impacts to non-listed bird species are not considered significant but do
require compliance with applicable regulations. (Page 12.)
6. Jurisdictional Non-Wetland Waters
The MND indicates that there are no jurisdictional wetlands and that no impacts will occur.
However, according to the Biological Report, the Project will impact jurisdictional non-
wetlands, and proposed several potential mitigation measures as follows:
For impacts to jurisdictional non-wetland waters, typical mitigation measures
required by the regulatory agencies (Corps, CDFG and the Board) include the
following:
• On-site preservation/enhancement.
C1ty001Jniha1 Caninmts,wpd
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Doug Evans
September 10, 2004
Page 4
• Off-site preservation through the purchase of suitable habitat or
participation in an existing mitigation bank.
• On-site treatment of flows from developed surfaces prior to such flows
entering waters of the United States (e.g., mechanical filters, vegetated
swales, or other similar post construction best management practices).
The Corps usually requires a 2:1 replacement ratio for impacts to jurisdictional non-wetland
waters and a 3:1 ratio for impacts to jurisdictional wetland waters. CDFG and the Board
usually accept mitigation measures required by the Corps. (Page 15.)
The MIND has failed to identify any mitigation for these impacts. To the extent that the City
believes participation in the Interchange Conservation Plan will provide mitigation for these
impacts, again, this conclusion is premature.
7. Cumulative Sand Impacts
Particularly troubling is the MND's failure to address the effect that additional development will
have on the region's sand-transportation dynamics. The MND fails to acknowledge that this
Project will reduce or eliminate the ability of viable habitat to be created off-site. In short, not
only will the Project destroy existing plant specimens and habitat, but it will also have an
indirect and cumulative effect on the species by adversely affecting the source and transport
of blow sands that create and maintain sand habitats of the Coachella Valley. According to the
Biological Report, the Coachella Valley MHCP proposes that the design of the improvements
will be such that fluvial and aeolian sand transport capacity not be reduced. Sand that
accumulates upwind/upstream of the road can continue to be deposited on the
downwind/downstream side of the road to preserve these sand transport mechanisms.
(Biological Report, page 13.) However, the MIND fails to identify this as a mitigation measure,
and again cannot rely on the MHCP to mitigate the Project's impacts since this document is not
final.
S. Piecemealing of CEQA Review
The City appears to be inappropriately piecemealing its CEQA review for Gene Autry Trail
improvements. The Gene Autry Trail Widening is proposed to connect to a separate City
project 01-04, the Gene Autry Trail bridge replacement and widening. There is also a third
project proposed by Caltrans to widen the freeway and improve the interchange. The CEQA
review is being conducted separately for these three projects, even thought the proposed
Interchange Conservation Plan apparently addresses all three projects.
CUV001.1m5al Commenis.wpd
Doug Evans
September 10, 2004
Page 5
Conclusion
The significant impacts of the Project have not been mitigated to below significance, and
adoption of a MND is inappropriate at this time. The City should defer action until such time
as the Interchange Conservation Plan has been finaled, so that the entire mitigation package
can be identified with certainty.
We appreciate your consideration of these comments.
Very truly yours,
WORDEN WILLIAMS, APC
/M I a"Al VO
D. WZyine/lBrechtel
dwb@wordenwilliams.com
DWB:Ig
cc: Clients
ChO01 lethal Comments vpd
MEMBERS
Desert Hot Springs Rancho Mirage Indio
Palm Springs Palm Desert Coachella
Cathedral City Indian Wells Riverside County
La Quinta
A Public Agency
September 3,2004
Mr. Marcus Fuller
Senior Civil Engineer
City of Palm Springs
P.O. Box 2743 4
Palm Springs, CA. 92263 zllk%
RE:
City Public Works Project 02-03
Initial Study for Gene Autry Trail Widening
Dear Mr. Fuller:
I have reviewed the City of Palm Springs,Initial Study for the widening of Gene Autry
Trail between Vista Chino and the approach to the Union Pacific Railroad Bridge. Upon
this review, I have a couple of questions that need clarification as to the impacts on local
transit service, which operates along this portion of Gene Autry Trail. I may be putting
the cart before the horse, but I thought I would go ahead and ask these questions now.
1. Our Line 14 operates 20 round trips along Gene Autry Trail connecting Desert Hot
Springs and Palm Springs. Is the roadway going to be operational Loth directions
during the widening?
2. We have both stops on both the northwest and northeast congers of Gene Autry Trail
and Vista Chino. How will these stops be affected? Is the City planning to construct
bus turnouts as part of the widening project?
I know that there will be pre-construction meetings prior to the project getting under way.
Please make sure that SunLine is invited to these meetings. I look forward to hearing
from you in reference to the above questions.
Sincerely,
Leslie Grosjean
Senior Transportation Planner
32-505Hany ollver fiail, Thousand Palms, CA 92276 P17 760.3433456 Fax 7603433R4.5 wwioi.w117a17a
AGUA CALIENTE BAND OF CAHUILLA INDIW
TRIBAL PLANNING, [BUILDING & ENGINEERING
September 13, 2004 Via Facsimile and Hand Delivery
Douglas R. Evans, Director of Strategic Planning
City of Palm Springs
PO Box 2743
Palm Springs, California 92263-2743
Re: Initial Study that evaluate the Gene Autry Trail Widening between Vista
Chino and the approach to the Union Pacific Railroad Bridge
Dear Mr. Evans,
In regards to the above document, we have the following concerns and questions:
A. Project Description - Two alternatives are given in the project description (§ 6.
final ¶) addressing existing utilities: either relocation or protection in place. The next
sentence within the description indicates that "except for pavement widening, no work
will occur within the Whitewater River channel". If in fact the utilities require relocation,
further disturbance would occur within the Whitewater River channel than just the
pavement widening. When will the decision be made as to which alternative will be
utilized for the utilities? If the utilities require relocation how will the cultural and
biological elements of this document reflect further disturbance within the channel?
B. Biological Resources — 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, or regulations, or by the
California Department of Fish and Fame or U.S. Fish and Wildlife Service. Less Than
significant with Mitigation Incorporated
The Tribal Habitat Conservation Plan for the Aqua Caliente Indian Reservation, (THCP)
adopted November 12, 2002, is the basis for biological resource decision within the
confines of Reservation boundaries. Section 6, T4S, R5E, is within the Reservation.
Lands ownership status contiguous to Gene Autry Trail is a variety of fee, allotted and
not leased, and Tribal trust. The regulatory authority of the THCP within Section 6 of
this proposal shall supplant that of the draft Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP).
The 519 undeveloped acres in Section 6, have been identified within the THCP as one
of seven Target Acquisition Areas dedicated for habitat conservation within the Valley
Floor Conservation Area. On the Reservation the portion of Sec. 6 located north of the
southern bank of the levee is considered Target Acquisition Area. Mitigation fees
associated with projects impacting Covered Species will be utilized for the acquisition of
land within the identified Target Acquisition Areas. The Target Acquisition Areas, both
6,50 EAST '7AHQU17Z CANYON WAY, PALM SPRR NGS, CA 9226
T 760/325/3400 F 760/:323/6052 AGIJACALfENT'E.ORG Cam(
within and outside the Reservation, have been identified by the Tribe, in consultation
with USFWS, as either core habitat for the Valley Floor Covered Species, areas that
support ecological processes necessary to sustain these areas or areas that provide
linkage between core habitat areas. In the case of the Sec. 6 Target Acquisition Area,
it is identified as valuable for both active and ephemeral desert sand field habitat and
as a link in a blowsand corridor.
Covered projects within the Valley Floor Conservation Area located within the Sec. 6
Target Acquisition Area will require a Conditional Use Permit. The THCP includes
construction of public or public use facilities/structures, such as: public roadways to
their ultimate width as identified in any adopted General Plan as a Covered Project
(§4.2.11(1)). Mitigation and Design standards for Covered Projects within Sec. 6 are
attached.
Therefore direct impacts and indirect impacts within Section 6 shall be mitigated relative
to the aforementioned fee schedule based on acreage calculations separate from those
included within mitigation measure 310-1. Additional mitigation measures as per
attached shall also be included.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service? Less Than
Significant Impact
Text within the EA response states that the draft CVMSHCP recognizes the ultimate
roadway as part of the plan. The THCP does not recognize the roadway as part of the
plan. Does the EA intend to make a distinction between the two plans and
jurisdictions?
d) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites? Less Than Significant Impact
The THCP has identified Sec. 6 as a Target Acquisition Area. One of the justifications
for that acquisition was the importance of the area for a corridor link in a blowsand area.
The status of this question should be Less Than Significant with Mitigation Measures
and mitigation measures included that would actualize that corridor link.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan? Less than Significant Impact
Discussion of the THCP should be included here. Additionally, the status of the impact
should be Less than Significant with Mitigation Measures as Sec. 6 is one of the areas
identified within the THCP as very significant.
AQUA Cs"tUENTC BAND OF CAHUILLA lulr)lAhly
A aUACALI E KITiF rin
C. Cultural Resources - The following comments pertain to the Cultural Resources
element of the EA:
• Page 2 of the Cultural Resources Study (next to last line) uses the word
"fanglomerates". Please provide a definition.
• There is a disparity between the Information Center Record Search and the
report of investigations. In Appendix A, the Information Center writes, "One
cultural resources property is recorded within the boundaries of the project area."
Yet in the report (page 6, ¶2, final two lines) states, "No cultural resources were
observed".
• On August 13, 2003, the Tribal Historic Preservation Office sent a response
letter to LSA regarding what appears to be the same project. In it, it was noted
that at least part of this project area is on Reservation land and it was
recommended the use of Approved Cultural Monitors during all ground disturbing
activities associated this project. This is not reflected in the recommendation
section of the Cultural Resources Study (pages 6-7). (The aforementioned letter
is attached.)
Thank you for this opportunity to comment. If you have any questions please call me at
(760 3-1322 or Margaret Park, Director of Planning, at (760) 883-1326.
ry tru yours,
Th mas J. Davis, AICP
Chief Planning Officer
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
TJ D/km/cm
Attachments
C: Tribal Council
Margaret Park, Director of Planning
`Wy Documents\LETTERS-TJD\Gene Autry Trail widening letter 9-13-04(km).doc R F C F I V E D
FGUt i CALICHT6 BrItidlD OC- CAHUILtPL iN[AAV95 SEP132001 7Z
AG UAGrp EB EN TE. . 0tl, (-,
Agaa Caliente Tribal Habitat Conservation Plan Conservation Program
4.9.3 Permitting Process for Covered Projects in the WCA
Covered Projects within the VFCA shall only require a Conditional Use Permit (CUP) if they are located
in the Section 6 Target Acquisition Area. All other Covered Projects shall be required to satisfy the
standards set forth in Section 4.9.5.3 and, if applicable, those standards for projects within PBS-Sensitive
VPCA Areas set forth in 4.9.5.2, but will not be required to obtain a CUP. All Covered Projects within
the VFCA shall also be subject to TEPA.
For those projects subject to the CUP process, the following shall apply:
4.9.3.1 Pre-application
1. Prior to submitting a CUP application, a Covered Project Proponent may submit a letter of intent
to seek an agreement with the Tribe to conserve properly through acquisition by the Tribe,
density transfer or other means.
2. Prior to submitting a CUP application, a proposed site plan shall be transmitted to the
Department. The site plan shall delineate proposed development, topography and presence of
sensitive biological resources (including habitat types and lmown sightings or observance of any
Covered Species) and shall illustrate any applicable compliance issues under the Tribal HCP.
The Department shall make its best effort to, within 30 days, meet and confer with the (Covered
Project Proponent)to comment on the site plan; make recommendations as to the project's Tribal
HCP compliance requirements and location of the least sensitive Development Envelope; and
identify information requirements that must be satisfied in order for CUP processing to proceed.
The intent will be to develop a site plan that focuses on avoidance of the most sensitive biological
resources. Priorities should be placed on avoiding active and ephemeral sand field habitat.
4.9.3.2 Application
1. A biological assessment of the site may, at the Tribe's discretion based on Pre-Application Item
2, be required of the Covered Project Proponent when sufficient information does not exist for the
Covered Project Proponent and the Tribe to agree upon the Tribal HCP requirements for the
proposed Covered Project. In the Tribe's discretion, the assessment shall include any or all of the
following information: topography; habitat types; vegetation maps; drainage areas (including any
U.S. Army Corps of Engineers jurisdictional areas); the results of presence-absence studies for
Covered Species (except PBS) the habitat characteristics of which exist on the property; location
of observed Covered Species; and evaluation of the site for its significance for Covered Species
and their habitat.
2. In accordance with TEPA, a document shall be prepared to assess the proposed Covered Project's
enviromnental impacts, including those on biological resources, and identify appropriate
mitigation measures as required in this Plan.
HAC ea\22aeoao2 4-34 November 2002
Agua Caliente Tribal Habitat Conservation Plan Conservation Program
4.9.4 CUP Conditions
If the CUP is approved, it shall be conditioned to ensure that the implementation of the Covered Project is
consistent with the Tribal HCP, including the VFCA development standards and applicable avoidance
and minimization measures described in this Section 4.9.
4.9.5 VFCA Project Design and Mitigation Standards
Covered Projects within the VFCA shall comply with the following design and mitigation standards:
4.9.5.1 Covered Projects within Section 6 Target Acquisition Area
Covered Projects within the Section 6 Target Acquisition Area shall comply with the following design
and mitigation standards:
1. Impact areas shall be limited to the Development Envelope. The Development Envelope shall
include all areas of contiguous land upon which structures shall be located and shall include any
access roads or driveways, fuel modification zones, non-native landscaping and domestic animal
use areas.
2. The Development Envelope shall be sited to minimize impacts to the parcel's biological
resources by avoiding the most sensitive portions of the site. In addition to addressing impacts to
active and ephemeral sand field habitat, and specific measures outlined for the desert tortoise and
burrowing owl, avoidance priorities shall be for wetland habitats, especially those supporting
Covered Species, maximizing buffer areas adjacent to preserved habitat and wetlands,
minimizing edge effects and generally using sound conservation planning priorities.
3. Covered Projects shall either avoid impacts to active and ephemeral sand field or shall be
required to provide mitigation by limiting development to 25 percent and dedicating 75 percent of
the onsite habitat to the Habitat Preserve.
4. Hi lieu of onsite nutigation, a Covered Project Proponent must be able to demonstrate an
equivalent or greater level of mitigation through comparable offsite nutigation, or a combination
of onsite and offsite acquisition of mitigation lands and/or the payment of a fee equivalent to the
Tribe. If such in-lieu fees are collected by the Tribe, they will be used at the Tribe's discretion
for acquisition of land within one of the five Target Acquisition Areas for dedication to the
Habitat Preserve and/or management of such acquired lands.
5. Covered Projects shall be subject to any necessary Clean Water Act permits and any project
impact to wetlands or riparian areas shall be avoided to the extent practicable.
6. Prior to any ground or habitat disturbance, the portion of the parcel outside of the Development
Envelope (on which development is not allowed) and/or any off-site mitigation lands as may be
approved or required by the Tribe, shall be dedicated to the Tribe or their designee for inclusion
in the habitat Preserve through any of the mechanisms defined in Section 4.5 above.
H:\C1fent\22460002 4-35 November 2002
Agua Caliente Tribal Habitat Conservation Plan Conservation Program
7. Covered Projects shall be required to provide the necessary funding to manage any dedicated land
in compliance with the Tribal RCP prior to any ground or habitat disturbance, including up-front
initial and capital costs and an endowment for management in perpetuity.
8. Covered Projects shall also be required to comply with impact avoidance and minimization
measures as follows:
a. Lighting shall be selectively placed, shielded, and directed away from conserved habitats to
avoid impacts to Covered Species.
b. Invasive species such as tamarisks shall not be used in landscaped areas directly adjacent to
conserved habitat(See Table 4-2).
c. The Covered Project Proponent shall be responsible for installation and maintenance of
security fences/walls for the purpose of controlling human and pet access into conserved
habitat.
d. Dining the construction phase of a Covered Project, the following construction avoidance and
minimization measures shall apply:
i. A pre-construction meeting shall be held to ensure that construction personnel are
informed of the sensitivity of conserved habitat and all applicable avoidance and
minimization requirements, including the possible presence of any Covered Species.
ii. During and after the construction of any Covered Project,the proper use and disposal of
oil, gasoline, diesel fuel, antifreeze, and other toxic substances shall be required so as to
avoid and minimize impacts to Covered Species and their habitat.
iii. Equipment to extinguish small brush fires (e.g., from trucks or vehicles) shall be present
on site during all phases of construction, along with personnel trained in the use of such
equipment. Smoking shall be prohibited in construction areas adjacent to flammable
vegetation.
iv. Prior to commencement of clearing or grading activities, areas proposed for conservation
shall be flagged by a biologist, and silt or snow fencing shall be installed to prevent
disturbance by construction vehicles. All movement of construction personnel, including
ingress and egress of equipment and personnel, shall be limited to designated
construction zones. This flagging/fencing may be removed upon completion of all
construction activities and/or replaced with permanent fencing to protect conserved
habitat. Pets shall be prohibited on the site during construction activities. The Covered
Project Proponent and its contractor(s)/subcontractor(s) shall be responsible for
compensating at a ratio of 5:1 (acre restoration/acre impact) for the disturbance of
sensitive habitat outside of the approved limits of construction as staked and monitored
by the project biologist. Any restoration mandated for infringements outside the project
footprint shall require a restoration plan approved by the Tribe.
v. No temporary storage or stockpiling of construction materials shall be allowed within
conserved habitat, and all staging areas for equipment and materials shall be located a
minimurn of 50 feet away from conserved habitat. Staging areas and construction sites
shall be kept free of trash, refuse, and other waste; no waste dirt, rubble or trash shall be
deposited within the conserved habitats.
HAClient\2246002 4-36 November-2002 (7DIS
Agua Caliente Tribal Habitat Conservation Plan Conservation Program
vi, Active construction areas shall be watered regularly to control dust, and to minimize
impacts to nearby habitats, especially sensitive species habitat adjacent to construction
areas. If at any time, significant amounts of dust or material are determined by the
monitoring biologist to be affecting conserved habitat, then corrective measures must be
taken immediately.
vii. Night lighting shall be prohibited during the course of construction, unless absolutely
necessary for safety and protection of property. If necessary, the lights must be shielded
to minimize impacts to the surrounding habitat.
4.9.5.2 Covered Projects within PBS Sensitive VPCA Areas
VFCA Covered Projects located within one-half mile and in the line-of-sight of a Peninsular bighorn
sheep lambing area (PBS-Sensitive VFCA Areas) must comply with the impact avoidance and mitigation
measures for PBS set forth in Section 4.8.481(A), as well as all mitigation and avoidance measures set
forth in Sections 4.8.4.2 and 4.8.4.3 above,
4.9.5.3 All VFCA Covered Projects: Surveys and Environmental Documentation
All Covered Projects having potential habitat for burrowing owl and/or desert tortoise as described in this
plan shall be required to -conduct pre-construction surveys for such species prior to engaging in any
ground or habitat disturbing activities, and to relocate any individuals found pursuant to the provisions of
Sections 4.8.4.1(B) and/or(C) above, as appropriate.
VFCA Covered Projects will not be required to conduct biological surveys for Covered Species or
perform any further mitigation beyond that described above. Any environmental documentation required
by applicable law other than the provisions of this Plan for a Covered Project within the VFCA may
utilize information from the Tribal HCP and its supporting environmental documentation to identify
potential impacts and mitigation for biological resources, including habitat, Covered Species and Natural
Plant Communities,
4.10 MITIGATION THROUGH ENHANCEMENT OR RESTORATION
The Tribe may increase the habitat values for Covered Species by enhancing riparian and other sensitive
habitats, and/or restoring disturbed areas to natural conditions and dedicating such areas to the Habitat
Preserve. Such activities may be conducted by the Tribe, or third parties as authorized by the Tribe, and
may be used to offset mitigation obligations set forth in this Tribal HCP, if the enhancement provides for
a net conservation benefit to the Covered Species.
In the event such enhancement or restoration occurs, the incremental net conservation value of every acre
(or portion of an acre) provided to Covered Species or their habitats shall become Mitigation Credits and
HACrent\224e0002 4-37 November 2002
AGUA CALIENTE BAND OF CAHUILLA INDIW
TRIBAL PLANNING, BUILDING & ENGINEERING
October 22, 2004
Douglas R. Evans VIA FACSIMILE AND MAIL
Director of Strategic Planning
City of Palm Springs
PO Box 2743
Palm Springs, California 92263-2743
Re: Gene Autry Trail Widening
Dear Mr. Evans,
Tribal Planning, Building and Engineering Staff have reviewed this proposed project in
light of the Tribal Habitat Conservation Plan (THCP). The project is a "Covered Project"
under the THCP that takes place partially within and partially outside the Reservation.
As provided in THCP Section 1.4, the Tribe chooses not to assume permitting authority
and instead defers to the City of Palm Springs for purposes of permitting under the
THCP. This determination is made due to the fact that the majority of the project falls
outside the Reservation and that the City is working closely with the US Fish & Wildlife
Service to determine appropriate mitigation measures. We presume that endangered
species mitigation will be consistent with the THCP.
Please continue to provide this Department will notification of future actions regarding
this project. If you have any questions please call me at (760) 883-1322 or Margaret
Par , irector of Planning, at (760) 883-1326.
V tiu 'yours,
Tho as J. Davis, AICP
Chief Planning Officer
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
TJD
Attachments
C: Tribal Council
Margaret Park, Director of Planning
P;1Private\Ltr-TJD1102204 Gene Autry Trail widening letter.doc
650 EAST TAHQUITZ CANYON WAY, PALM SPRINGS , CA 92262
T 760/325/3400 F 760/325/6952 AGUACALIENTE.ORG
DCr`r-mr-n un,, i _ nnn
COMMENTS (RETYPED)AND CITY RESPONSES
City of Palm Springs Initial Study 50 of 50 11/05/04
LEA ASSOCIATES. INC.
NOVEMBER 2004 GENE ADTRY TRAIL WIDENING
RESPONSE TO COMMENTS
RESPONSE TO COMMENTS
GENE AUTRY TRAIL WIDENING: VISTA CHINO TO RAILROAD
The following addresses comments as received on the Initial Study(IS)and Notice of Intent to adopt
a Mitigated Negative Declaration(MtM)for the Gene Autry Trail Widening between Vista Chino
and the Union Pacific Railroad Bridge. The responses to comments are given in two sections:
General Responses are given in the first portion of this section that respond to common comments
from responders and are referenced in the second portion of responses, Detailed Paragraph by
Paragraph Responses. General Responses address topics that were addressed in more than one
coininent.
In the following, the Commentor's text is shown in normal font; the City's responses are shown in
italics.
GENERAL RESPONSE 1 (GRI):
Several comments stated the proposed"Caltrans Mitigation Bank"had not been approved and should
not be relied upon for mitigation.
Background
As noted in the Initial Study, the project may impact endangered species habitat where it crosses the
Whitetvater River Channel. These impacts are proposed to be mitigated through participation in a
mitigation bank established by Caltrans and CVAG to mitigate for impacts resulting from interchange
and arterial highway improvements throughout the Coachella Valley (Mitigation Bank). This
Mitigation Bank is being established to provide a comprehensive mitigation plan to address the impacts
freeway interchange improvements and associated arterials
Several comments suggested that it was inappropriate to rely on the Mitigation Bank because the
plan was "notfinal"or "not approved by the USFWS."
CEQA Requirements for Mitigation Measures.
§15126.4 (a) of the CEQA guidelines states that mitigation measures shall be identified to minimize
significant adverse impacts, and that such measures "must be fully enforceable through permit
conditions, agreements, or other legally binding instruments... "
Consistent with this requirement, the City included the following mitigation measure in the Initial
Study for Gene Auhy Trail:
"BIO-1 The City will ensure that preservation of lands as identified in the "Conservation Plan
Addressing the Direct, Indirect, and Cumulative Effects of Interstate 10 Coachella Valley
Interchange Projects, "August 2003 has been implemented prior to the commencement of
construction."
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Mitigation Bank Development
For purposes of endangered species impacts, this project was considered as part of the Gene Autry
Trail/Palm Drive Interchange, along with a series of interchange improvements along 140 in the
Coachella Valley. (Other interchange projects included Indian Avenue, Date Palm Drive/I--10,
Ramon/Bob Hope, and Jefferson). The impact analysis and mitigation plan for these projects is
specified in the "Conservation Plan Addressing the Direct, Indirect, and Cumulative Effects of
Interstate 10 Coachella Valley Interchange Projects,"Caltrans, August 2003, which is available for
review at the City of Palm Springs, Public Works Department. As identified in this plan, the Gene
Autry Trail Project between Vista Chino and the Railroad will cause 19.81 acres of direct impacts
and 75.42 acres of indirect impacts to the habitat of endangered species. The Mitigation Bank
provides for mitigation of these impacts through permanent acquisition and preservation of similar
habitats at a 2:1 ratio,for direct impacts, and a ]:] ratio for indirect impacts The Gene Autry Trail
Project will therefore require the acquisition of 115.04 acres of opens space. According to the Initial
Study and the Mitigation Bank,, the roadway cannot be constructed until the conservation lands
required to mitigate direct and indirect effects are acquired.
The Mitigation Bank's development is a cooperative effort of numerous agencies including CDFG,
USFWS, Caltrans, and CVAG.
The Mitigation Bank was "approved"in an August 2003 Cooperative Agreement,Report between
Caltrans and the Coachella Valley Association of Governments (See Attachment#1). Like all such
agreements, it was subject to further review and approval by resource agencies,such review
normally takes place after the approval of the CEOA document.
The mitigation measure BI0-1 in the Initial Study met the requirement of the§15126.4 of the CEQA
Guidelines by requiring that 1) the project participate in the plan, and 2) the project can not proceed
to construction until the plan was implemented. These legally enforceable project conditions meet the
requirements of CEQA, and the Biological Opinion (BO) is required as part of the project. The US
Arrny Corps of Engineers (ACOE) has taken jurisdiction of the streanrbed, and the BO is a required
portion of theACOEpermit.
Additional Activities Regarding the Mitigation Bank
Subsequent actions by Caltrans, CVAG and USFWS have further advanced the status ofthe
Mitigation Bank beyond that required far-CEQA approval.
1. The Programmatic Biological Opinion for the Mitigation Bank has been Issued by the
USFWS.
On September 11, 2004, USFWS issued a Biological Opinion (BO) titled Programmatic Biological
Opinion for Five Interchanges and Associated Arterial Improvement Projects along Interstate 10 and
the Tiered Biological Opinion for the Palm Drive/Gene Autry Trial—Interstate 10 Interchange
Improvement Project in Eastern Riverside County, California(1-6-04-F-3282.4;EA: 08-
455800),(Attachment#2). The BO states "This consultation is programmatic because it is intended
to cover interrelated projects by establishing conservation measures, including conservation banking
protocol, based on avoidance and minimization measures developed to reduce both direct and
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indirect effects to threatened, endangered, and sensitive species in the action area for each project"
(page 2). The BO's Programmatic Conservation Measures (pages 8 through H) will be
incorporated and adopted as mitigation measures by reference to the BO. Additionally, a number of
comments are addressed toward Conservation Measure #19 that requires the establishment of a
conservation bankper the"Conservation Bank Plan Addressing the Direct,Indirect, and Cumulative
Effects of Interstate 10 Coachella Valley Interchange Projects" (Plan), August 2003,prior to
construction.
Because BO is progranznzatic, a Project Specific (or Tiered)BO will be required for the Gene Autry
Trail Widening. The Tiered BO will be sought as part of the Section 7 Consultation by the Corps of
Engineers for the potential impacts to the Waters of the United States in the Wlzitewater Channel.
The Tiered BO will incorporate all the conditions of the Programmatic BO.
2. The Coachella Valley Association of Governments has Already Acquired Most of the
Mitigation Lands Required in the Conservation Bank
To facilitate the completion of the Interchange and Arterial Projects, CVAG has already acquired
most of the lands envisioned in the mitigation agreement.
As noted in correspondence from Allen Waggle to Marcus Fuller, CVAG has already acquired 1366
acres of the required 1545 acres of mitigation lands envisioned in the Conservation Plan (excluding
the Indian Avenue Interchange, which requires a different type of habitat). The land acquired to-date
is in the Joshua Hills area. CVAG will continue to acquire Conservation Lands until the conditions
in the Agreement are complete. The existing lands in the Conservation Bank will be allocated to the
projects on a first-come,first served basis. The Gene Autry Trail widening project is anticipated to
be one of the first requesting mitigation credits, and it is anticipated that already acquired mitigation
lands will be sufficient. Notwithstanding the above, the project cannot proceed to construction unless
the requisite lands are "in the bank, "per mitigation measure BI0-1.
Summary:
1. The Plan was sufficiently well defined at time that the Initial Study was released to qualify as
mitigation under CEQA.
2. Subsequent actions have resulted in additional approvals for the plan; in fact, the USFWS
has issued a programmatic Biological Opinion (BO) and most of the mitigation land
proposed in the Caltrans Mitigation Bank has now been acquired
Therefore, the Mitigation Bank Plan is sufficiently advanced to quality as mitigation under CEQA,
and no fia-ther response is required.
GENERAL RESPONSE 2 (GR2):
Several comments have recommended additional mitigation measures for the proposed project.
After the Initial Study was released for review, the USFWS has issued a programmatic Biological
Opinion (BO) covers the proposed project. Within the BO twenty one (21) Conservation Measures
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have been identified. Each project covered by the BO will have a tiered Biological Opinion based on
the BO, and USFWS will identify the conservation measures that each project will require. While
General Response 1 explains that the proposed project must comply with the BO, the City is adding
Mitigation Measure BIO-2 to explicitly include the BO's Conservation Measures..
The Programmatic Conservation Measures, as stated in the BO, area
1. All areas outside of the project.footprint will be delineated as Environmentally Sensitive
Areas (ESAs). All parties in conjunction with this operation will strictly avoid these areas. No
construction activities, materials, or equipment will be permitted in the ESAs. These areas
must be placed on the design plans and included in the construction contract.
ESAs will be designated by erecting protective fencing delineating the project impact
boundivy and sensitive habitats. This barrier fencing will be constructed in such a way as to
restrict the movement of reptiles into impacted areas.Fencing material can vary'however, it
should consist of a cloth-like material that can withstand high winds, sun and heat. This fence
should be buried 24-inches below the sraface, to prevent terrestrial species from burrowing
underneath, and extend above ground at least 24-inches.
2. An employee education program will be developed. Each employee (including temporary,
contractors, and subcontractors) will receive a training/awareness program within two
weeks of working on the proposed project. They will be advised of the potential impact to the
listed species and the potential penalties for taking such species. At a minimum, the program
will include the following topics: occurrence of the listed and sensitive species in the area,
their general ecology, sensitivity of the species to human activities, legal protection afforded
these species,penalties for violations of Federal and State laws, reporting requirements, and
projectfeatures designed to reduce the impacts to these species and promote continued
successful occupation of the project area environs. Included in this program will be color
photos of the listed species, which will be shown to the employees. Following the education
program, the photos will be posted in the contractor and resident engineer's office, where
they will remain throughout the duration of the project. The contractor, Resident Engineer,
and Service-approved biological monitor will be responsible for ensuring that employees are
aware of the listed species.
3. The project proponent will designate a Service-approved qualified biologist who will be
responsible for overseeing compliance with protective measures for the listed species. The
biologist will have the authority to halt all associated project activities that may be in
violation of this biological opinion. In such an event, the biologist will contact the Service
within 24 hours.
4. Construction work areas will be delineated and marked clearly in the field prior to habitat
removal, and the marked boundaries maintained and clearly visible to personnel on foot and
by heavy equipment operators. Employees will strictly limit their activities and vehicles to the
proposed project areas, staging areas, and routes of travel, The project proponent and/or the
biological monitor will contact the Service to verify that the limits of construction have been
properly staked and are readily identifiable.
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5. A biologist will monitor construction to ensure that vegetation removal, Best Management
Practices(BMPs), ESA fencing, and all avoidance and minimization measures are properly
constructed and.followed.
6. All equipment maintenance, staging, and dispensing offuel, oil, or any other such activities,
will occur in designated upland areas. The designated upland areas will be located in such a
manner as to prevent any runofffrom entering waters of the United States, including
wetlands.
7. Typical erosion control measures, BMPs, in the vicinity of streams will be employed in
accordance with the conditions in the 401 Water Qualior Certification requirements of the
Regional Water Quality Control Board.
8. Use of invasive exotic plant species in landscaped areas adjacent to or near sensitive
vegetation communities will be restricted. In compliance with Executive Order 13112,
impacted areas will be revegetated with plant species native to desert habitat types and the
Coachella Valley, and will avoid the use of species listed in Lists A&B of the California
Exotic Pest Plant Council's list of Exotic Pest Plants of Greatest Ecological Concern in
California as of October 1999.
9. The seed of Coachella Valley milk-vetch will be collected off of plants from within the
boundaries ofpermanent and temporary impacts from project construction. Seed collection
will occur when the seed is past soft dough and prior to being naturally dispersed. The top
four inches of soil surrounding the mills vetch plants to be impacted will be collected and
placed in plastic bags. This seed and soil will be distributed at an area consisting of aeolian
habitat irmnediately following collection. The location where seed will be dispersed will be
coordinated with the Service prior to collection.
10. All construction equipment will be inspected and cleaned prior to use in the proposed project
footprint to minimize the importation of non-native plant material. All mulch, topsoil and
seed mixes used duringpost construction landscaping activities and erosion control BMPs
will be free of invasive plant species propagules. A weed abatement program will be
implemented should invasive plant species colonize the area within the project footprint post-
construction.
H. No off-road vehicle activity from construction personnel or otherpersons affiliated with the
project will occur outside of the project footprint.
12. To reduce attraction of ravens and crows, which may eatf-inge-toed lizards, all trash will be
placed in raven proof containers arnd promptly removed from the site.
13. No pets or firearms will be permitted inside the projects construction boundaries o-other
associated work areas.
14. All sand removal and storage activities will be restricted to the proiectfootprint. No
maintenance activities will be authorized that extend beyond the boundaries of the project
footprint.
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15. To the extent possible, no sand removal activities will take place from I November- 30
March (to avoid winter dormancy periods for the lizards) or if ambient air temperature
exceeds 102 degrees Fahrenheit (the temperature at which lizard activity tends to be
reduced).
16. Vehicle speeds on unpaved access roads will be restricted to a maximum of 25 MPH
17. All culverts, bridges, and associated water passage structures will be maintained such that
water and sediment may pass between upstream and downstream locations and so as not to
block the passage of wildlife.
18. Impacts resulting from this project will be offset by implementing the agreements established
in the Conservation Bank Plan Addressing the Direct,Indirect, and Cumulative Effects of
Interstate 10 Coachella Valley Interchange Projects (Plan). The Plan assesses potential
effects and offsetting measures for the proposed projects. The Plan establishes mitigation
ratios at 2:1 for direct impacts oj'the interchange and associated arterial improvements
covered under this Opinion and 1:1 for indirect impacts. Required offsetting measures will be
provided through the acquisition of land and the final conservation bank agreement. Caltrans
and/or Coachella Valley Association of Governments (CVAG) will set up an endowment find
for the purpose of managing the proposed conservation bank in perpetuity.
19. Prior to beginning construction, CVAG, Caltrans, and FHWA will purchase and establish a
conservation bank (Bank), as per the Plan;finalize a conservation bank agreement with the
Service and CDFG, and set up the endowment fund for managing the property in perpetuity.
Sufficient land will he purchased for the bank prior to start of construction for any given
project. CVAG, Caltrans, and F HWA will coordinate with the Service and CDFG to locate
and acquire Bank lands. All Bank lands will be approved by the Service and CDFG prior to
purchase to ensure that these conservation lands benefit the fringetoed lizard and milk-vetch.
In addition, CVAG or its designee will be the manager of all Bank lands.
20. Geotechnical borings in areas with aeolian sand deposits will include the following
measures:
a. No cross country-travel and geotechnical borings will take place from 1 November-
30 March (to avoid winter dormancy periods for the lizards) or if ambient air
temperature exceeds 102 degrees Fahrenheit(the temperature at which lizard activity
tends to be reduced).
b. When traveling cross-country, a route will be established and followed that
avoids, to the maximum extentpracticable, all sand hummocks and dunes.
C. The surface area will be returned to the pre-disturbance state.Ifsand dunes or
hunirnocks were impacted, then the suface sand will be placed in a separate pile and
replaced as a dune or hummock.
21. Archaeological surveys in areas with aeolian sand deposits will include the following
measures:
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a. The outer perimeter of all survey areas will be delineated and the area within this
perimeter will be calculated and deducted from the Conservation Bank.
b. All work including staging, depositing excavated materials, storing equipment, etc,
will be conducted within the perimeter of the survey area.
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UNITED STATES DEPARTMENT OF THE INTERIOR,
FISH AND WILDLIFE SERVICE'S LETTER,
DATED SEPTEMBER 13, 2004
Comment USFWS-1:
This letter acknowledges the U.S. Fish and Wildlife Service's (Service)receipt on August 13, 2004,
of your August It, 2004,letter distributing the Notice of Availability of an Initial Study (IS) and
Notice of Intent to adopt Mitigate Negative Declaration(MND) for the Gene Autry Trail Widening
between Vista Chino and the Union Pacific Railroad Bridge.
Response USFWS-1:
This paragraph does not comment on the IS.
Comment USFWS-2:
The proposed project will widen the existing Gene Autry Trail from two to six lanes between Vista
Chino and Via Escuela and from two to four lanes between Via Escuela and the Union Pacific
Railroad crossing through the Whitewater River. The widened roadway will have an 80-foot cross-
section in the six-lane segment, and a 64-foot cross-section in the four-lane segment. All travel lanes
will be 12 feet wide and the roadway will provide two 8-foot wide shoulders usable to bicycles. The
proposed project will include the installation of a new traffic signal at the intersection of the Gene
Autry Trail and Via Escuela Calhans is planning to widen Gene Autry Trail from the Union Pacific
Railroad Crossing north through the Interstate 10 interchange as part of their Palm Drive/Gene
Autry Trail Interchange Improvement Project.
Response USFWS-2:
Thisparagraph accurately describes the project but does not comment on the IS.
Comment USFWS-3:
The proposed project will follow the "Conservation Plan(Plan)Addressing the Direct,Indirect,
and Cumulative Effects oflnlerstate 10 Coachella Valley Interchange Projects (Caltrans 2003)"
for addressing effects to sensitive, State, and federally listed species. The proposed project is
included in the Plan for addressing direct and indirect effects to the federally threatened Coachella
Valley fiinge-toed lizard(Uma inornata), the endangered Coachella Valley milk-vetch
(Astragalus lentiginosus var. Coachellae), and the Federal candidate Coachella Valley round-
tailedsquirrel (Spermophilus tereicaudus chlor-us) in addition to several sensitive species in the
Coachella Valley. A prograrmnatic biological opinion will be in place for the five interchange
projects and the associated arterial street improvement projects that are discussed in the Plan.
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Impacts fi-om the proposed project to federally listed species will be addressed through a tiered
biological opinion wider the progrannnatic biological opinion.
Response USITWS-3:
The comment notes that the Project will provide mitigation consistent with the Mitigation Bank, as
required in.Mitigation Measure BIO-1 in the Initial Study. Also, see General Response-2. No
further response is necessary.
Comment USFWS-4:
The IS discusses the project in relation to the Draft Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP). If the CVMSHCP is finalized prior to implementation of the
proposed project, then the proposed project will follow the conservation strategy outlined in the
CVMSHCP. If the CVMSHCP is not finalized, then the IS and MND need to be modified to
incorporate the conservation strategy for crossing the Wbitewater River as described in the
CVMSHCP. The following language is taken from the CVMSHCP and should be included in the
environmental documents for the proposed project:
"The appropriate Local Permittee for the project will ensure that when Gene Autry Trail and Indian
Avenue are widened to six lanes, or in 2038-39, whichever comes first, fluvial and aeolian sand
transport capacity is not reduced. Roadway design will facilitate aeolian sand transport. Sand that
accumulates upwind of either road will be deposited on the downwind aide of the road to address
potential impacts to aeolian sand transport. At the same time, the appropriate Local Pennittee will
also ensure that wildlife underpasses of sufficient size, to be determined in consultation with CDFG
and the USFWS,are installed to provide movement of Coachella Valley round-tailed ground squirrel,
Palm Springs pocket mouse, and Coachella Valley fringe-toed lizard, and other species."
Response USFWS-4:
This conment addresses a future six-lane roadway widening project(or the year 203812038) based
upon a Habitat Conservation Plan (the CVAISHCP) that has not been reviewed by the public, has not
been approved by the agencies, and would only apply to one-half of the project.
The City acknowledges the comment and the requirement in the draft of the CVMSHCP to provide
"wildlife underpasses ofst .fiif size, to be determined in consultation with CDFG and the USFWS,
are installed to provide movement of Coachella Valley round-tailed ground squirrel, Palm Springs
pocket mouse, and Coachella Valley fringe-toed lizard, and other species. Such undercrossings will
be provided at such time as the road is widened to six lanes or in 2038139, whichever comes first."
I-Iowever, this language is contained in the Draft CVMSHCP, which has not been adopted. The Chy
nnay well choose to seek changes in such language, and the final plan, may contain different
language. In addition as noted in Connnenis ACBCI-1 and ACBCI--6 below, the CVMSIICP will not
apply to approximately one-half the length of the project because it is in tribal lands excluded from
the CVMSHCP.
To the extent that the need for undercrossings is triggered by the future widening to a six lane
roadway, such mitigation is not relevant because that project is not under consideration at this frme.
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The six-lane project will be subject to future independent environmental review. The City's traffic
analyses indicate that the four-lane roadway is anticipated to accommodate forecast traffic volumes
across the Whitewater River for the next two decades or more. Thies, the proposed mitigation
measure would not be triggered until2025 at the earliest.
If the proposed roadway is maintained until the year 203812039, then the proposed language would
require the installation ofwildlife undercrossings at that time. As both a practical matter and a legal
matter, the current City Council(the Lead Agency for this project) cannot require that a future City
Council implement such undercrossings more than thirty years fi-om now.
There are numerous issues that need to be resolved before such wildlife undercrossings can be
constructed. These include:
1. Typical "dip under"wildlife undercrossings would rapidly fell up with sand in this
location.
2. The proposed location, design, length and other characteristics of the undercrossings
have not been defined,
3. To the City's knowledge, the actual migration patterns across the roadway of the
targeted species have not been established, and it has not been determined whether such
species would actually use the proposed undercrossings.
4. If the undercrossings actually raised the profile of Gene Autry Trail, such that wildlife
could cross under the road at existing grade, then the new roadway structure would
necessarily form a barrier to sand transport.
5. Evidence indicates that "bridge-type"undercrossings, where an animal can see all the
way to the other end, are the more effective than culverts or pipes. However, bridge
structures are very expensive—as rule of thumb, a square foot of bridge costs roughly 10
times as much as a square foot ofsurface roadway. If the entire two-mile length of a six
lane wide Gene Autry Trail were placed on a $250/square foot causeway, then the cost
would be approximately$260 million. The City cannot afford this cost today, and cannot
commit such spending by a Council in the 203812039 time period.
The City seeks to work cooperatively with the Service to determine the most environmentally sound
and cost If means ofpreserving sand transport and wildlife connectivity. To respond to the
concerns of the Service regarding the undercrossings, the City will add the following additional
mitigation measure,
910-3 At least three years prior to commencing construction on the widening of Gene Auty
Trail to six lanes across the 9`1iitewater River, the year 203512036, whichever comes first, the
City will work cooperatively with the Service to conduct a research program to establish the
following:
1. The target species that would utilize such undercrossings, the extent that such species
would utilize such undercrossings, and the most cost effective and environmentally
beneficial design.
2. The actual effects of the roadway surface on sand-transport.
3. The location ofsuch proposed undercrossings.
4. The cost effectiveness of such proposed undercrossings.
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The City believes that the proposed research program will better define the actual need for future
mitigation when such mitigation is required. If widening is proposed, the CEQA and NEPA
documentation and permitting actions with the ACOE willfully evaluate any potential impacts and
require mitigation.
Comment USFWS-5:
The City of Palm Springs IS may be inconsistent with planning efforts for the CVMSHCP regarding
the effects of a two lane road versus a four lane road on wildlife movement. Within the CVMSHCP,
two lane roads are considered to not form a barrier to wildlife movement while roads widened from
two to four lanes or wider will have significant impacts to wildlife movement. On page 15 of 24 in
the City of Palm Springs IS, the text states that"The current roadway has already caused some
wildlife movement impact and it is anticipated the proposed project will incrementally add to this.
The Draft CVMSI4CP recognizes the ultimate roadway as part of the plan." While the current
roadway may have some impacts to wildlife movement, these impacts become significant when the
road is widened to four or more lanes.Therefore, the IS/MND should acknowledge reliance on the
prospective CVMSHCP to mitigate the long-tern barrier posed by the proposed road widening
project. However, the document does not provide a contingency measure for providing wildlife
underpasses if the CVMSIICP is not approved. To avoid creating long-tern adverse effects to
wildlife movement, the IS/MND needs to be revised by adding a measure to require wildlife
undercrossings by a certain time,regardless of whether the CVMSHCP is approved and implemented.
Response USFWS-5:
The City has proposed the addition of mitigation measure BI0-3 to address this question.
Additionally, the Programmatic Biological Opinion dated September 23, 2004 provides for mitigation
through the implementation of the Conservation Plan.
Comment USFWS-6:
If you have any questions or concerns about this consultation or the consultation process in general,
please contact John DiCTregoria of this office at(780) 431-9440.
Response USFWS-6:
This paragraph does not comment on the IS.
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NATIVE AMERICAN HERITAGE COMMISSION
LETTER, DATED SEPTEMBER 8, 2004
Comment NAHC-1:
Thank you for the opportunity to comment on the above referenced Negative Declaration. The
Commission was able to perform a record search of its Sacred Lands File for the project area,which
failed to indicate the presence of Native American cultural resources in the immediate project area.
The absence of specific site information in the Sacred Lands File does not indicate the absence of
cultural resources in any project area. Other sources of cultural resources should also be contacted for
information regarding known and recorded sites.
Response NAHC-1:
At a mininnrm, the City will consult with the Agua Caliente Band of Cahuilla Indians Cultural
Resources office.
Comment NAHC-2:
Thank you for consulting with members of the Cahuilla tribe on this initial study. We agree that
Native American monitors from the Agua Caliente Band would be the appropriate individuals to
work on this project.
Response NAHC-2:
No response needed; the statement agrees with the IS.
Comment NAHC-3:
Lack of surface evidence of archeological resources does not preclude the existence of archeological
resources. Lead agencies should include provisions for accidentally discovered archeological
resources during construction per California Environmental Quality Act (CEQA), Public Resources
Code §15064.5 (0; Health and Safety Code §7050.5; and Public Resources Code §5097.98 mandate
the process to be followed in the event of an accidental discovery of any human remains in a location
other than a dedicated cemetery and should be included in all environmental documents. If you have
any questions, please contact me at (916) 653-6251.
Response NAHC-3:
This issue was addressed in Mitigation Measure CULT-L However, the suggested language is more
specific; therefore Mitigation Measure CULT-1 is replaced with the following:
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CULT-1 A Native American Monitor shall be present during all ground-disturbing activities.
Experience has shown that there is always a possibility of buried cultural resources in a
project area. Given that, a Native American Monitors)shall be present during all ground
disturbing activities including clearing and grubbing, excavation, burial of utilities,planting
of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural resource monitors. Should
buried cultural deposits be encountered, the Monitor shall contact the Director ofPlanning
Services and after the consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic
Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval.
Additionally, if human remains should be found, all work shall be stopped, and the Coroner
notified. Work will be allowed to resume only after the approval of the Coroner.
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WORDEN WILLIAMS, APC
LETTER DATED SEPTEMBER 10, 2004
Comment WW-1:
On behalf of the Sierra Club and Center For Biological Diversity, we are writing to object to the
City's approval of the Gene Autry Trait Widening(the "Project').' ((Footnote as follows): Both
organizations are non-profit,public interest environmental organization dedicated to the protection of
native species and their habitats through science,policy, and environmental law, and each have
members that study and enjoy the resources described in this letter and who will be harmed by the
destruction of these resources.)
As it is currently designed, the proposed Project violates the California Environmental Quality Act
because the Project will have a significant and unmitigated adverse effect on the endangered
Coachella Valley milk vetch, Coachella Valley Fringe-toed lizard, and other sensitive animals.
Response 6VW-1:
This paragraph does not directly comment on the IS More detailed comments are below, and
responses are provided.
Comment WW-2: Coachella Valley Milk Vetch
The Mitigated Negative 'Declaration("MND")prepared for the Gene Autry Trail widening states that
Coachella Valley milk vetch was observed to be present oil the site during the field survey. (Page 14.)
The MND indicates that the impact to the milkvetch is "less than significant with mitigation
incorporated." (Page 14.)The only mitigation incorporated in the MND is that the City ensures that
lands identified for preservation in the "Conservation Plan Addressing the Direct,Indirect, and
Cumulative Effects oflnterstate 10 Coachella Valley Interchange Projects,"August 2003,have been
implemented prior to construction. however, it is our understanding that the interchange
Conservation Plan is not final, and as a result, the U.S. Fish&Wildlife Service has not given final
approval. It is, therefore,premature to conclude that the impacts will be mitigated to below
significance. It is possible that additional mitigation, in addition to off-site preservation,will be
necessary to mitigate the impacts to below significance. In fact, the Biological Report also suggested
the following additional mitigation measure:
A focused sensitive plant survey will be required to locate and map locations of these and any
other sensitive plants that may be present within the ROW.
The MND failed to include this mitigation measure.
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The Biological Report clearly stated that impacts to milkvetch are significant. Thus, adoption of an
MND is only appropriate if there is certainty that the impacts will be mitigated to below significance.
In this case,because the Conservation Plan is not final, the entire mitigation package is uncertain.
Furthermore, the MND references several measures proposed as part of the Coachella Valley MHCP,
Again, this document is not final and it is premature to conclude that impacts are mitigated based on
this document.
Response WW-2:
Please refer to General Response No. 1. As discussed the Mitigation Bank is sufficiently well defined
to qualms as mitigation and the USFWS has issued a programmatic Biological Opinion addressing
the roadway projects and the mitigation bank. Additionally, the BO's Conservation Measure #9
(page 9) has requirements that relate directly to Coachella Valley milk-vetch (CVMV).
The comment regarding the focused plant surveys in the Biological.Report addressed the mitigation
alternative where the City would address impacts to Milkvetch separately from the Mitigation Bank..
Participation in the Mitigation Bank and meeting the conditions of the BO will completely mitigate
for impacts to mills-vetch.
The concept of the Mitigation Bank was to acknowledge potential impacts. The Mitigation Bank
assumed presence of CVMV and provided mitigation for the species. Again,please refer to General
Response No. 1.
Additionally, refer to General Response No. 2.
CommentWW-3: Desert Tortoise
Although no desert tortoise were found on the site at the time of the survey; that does not preclude the
possibility of tortoise relocating to the site prior to construction. The MND should include a measure
to deal with tortoise of they are found during construction.
Response WfV-3:
Please see General Response No. 1 and No. 2. Conservation Measures 1, 2, 3, 4, and 5 in the
adopted Biological Opinion provide precoistruction review and protection so that the Service-
approved biological monitor has an opportunity to discover a tortoise and provide for its appropriate
relocation.
Comment WW-4: Coachella Valley Fringe-toed Lizard
The Coachella Valley fringe-toed lizard, a federally listed as threatened and State listed as endangered
species, has a high potential of occurring within the project site. The Biological Report stated "If the
Coachella Valley fringed-toed lizard and/or the Coachella Valley round-tailed ground squirrel (a
federal candidate species for listing) are determined to be present onsite, impacts to native habitats
on-site would also be considered significant as related to these species, (Page 11.)
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Again, the only mitigation proposed for the Project's impacts to these species is participation in the
Conservation Plan mentioned above.For the same reasons stated above, adoption of an MND is
premature given the uncertainty of the final Conservation Plan.
In addition, according to the Biological Report, the Coachella Valley MHCP proposes that wildlife
underpasses of sufficient size will be installed to provide for the movement of the Coachella Valley
round-tailed ground squirrel, flat-tailed homed lizard,Palm Springs pocket mouse, and the Coachella
Valley fringe-toed lizard. (Page 13.) However, the MND fails to identify this as a mitigation measure,
and cannot rely on the MHCP since it is not a final document.
Comment W-4:
Please refer to General Response No.1. The Mitigation Bank addresses the Coachella Valley Fringe-
ToedLizard and the Coachella Valley Round Tailed Ground Squirrel, and the Palm Springs Pocket
Mouse. The Mitigation Bank has been approved through the BO. Additionally, the BO states "To
reduce impacts to a small but unknown number offringe-toes lizards, conservation measures 8, 10,
11, 12, and 18 through 21 of this Opinion would be implemented."(page 23, last sentence of the third
paragraph). As to underpasses, see response USFWS R-4. Additionally, refer to General Response
No. 2.
Comment WW-5: Non-listed Species
The MND failed to identify that two non-listed species were observed during the field surveys on site;
the chaparral sand verbena and the San Diego black-tailedlackrabbit.The non-listed species are of
limited distribution in Southern California and ongoing development to the region is further reducing
theirrange and numbers. The MND should identify their presence of these species and propose
mitigation for the reduction in range that the Project will cause.
Response YVW-5
The effects to non-listed species are not considered significant by the City,of Pabn Springs, and no
mitigation is proposed for these species beyond proposed Mitigation Bank Direct mitigation may
occurfor these species ifsuitable habitat is contained in the Conservation Bank as required by the
Plan.
Comment WW-6: Bird Species
The NM failed to include a measure to schedule construction outside of peak nesting season,which
was identified in the Biological Report as follows:
The California Fish and Game Code and Migratory Bird Treaty Act prohibit the
destruction of bird nests, including raptor nests, during the breeding season.Project
construction activities that may result in the destruction of active nests should be
scheduled outside the peak-nesting season(March through August). Potential
impacts to non-listed bird species are not considered significant but do require
compliance with applicable regulations. (Page 12.)
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Response TVW--6
Construction does not need to be excluded "outside ofpeak nesting season"; the prohibition is
destruction of bird nests, including raptor nests, during the breeding season. This can be achieved by
the conservation measures as in the revised mitigation nreasureB10-1. Additionally, refer to General
Response No. 2.
Comment WW-7: Jurisdictional Non-Wetland Waters
The MND indicates that there are no jurisdictional wetlands and that no impacts will occur. However,
according to the Biological Report, the Project will impact jurisdictional non-wetlands, and proposed
several potential mitigation measures as follows:
"For impacts to jurisdictional non-wetland waters,typical mitigation measures
required by the regulatory agencies (Corps, CDFG and the board) include the
following:
• On-site preservation/enhancement.
• Off-site preservation through the purchase of suitable,habitat or participation in
an existing mitigation bank.
• On-site treatment of flows from developed surfaces prior to such flows entering
waters of the United States (e.g.,mechanical filters, vegetated swales, or other
similar post constriction best management practices).
The Corps usually requires a 2:1 replacement ratio for impacts to jurisdictional non-
wetland waters and a 3:1 ratio for impacts to jurisdictional wetland waters. CDFG and the
Board usually accept mitigation measures required by the Corps. (Page 15.)"
The MND has failed to identify any mitigation for these impacts. To the extent that the City believes
participation in the hrterchange Conservation Plan will provide mitigation for these impacts, again,
this conclusion is premature.
Response W61-7
The City of Palm Springs follows the CEQA Guidelines, Appendix G, in determining the significance
ofpotential impacts to the enviro/nnent under California law. The section ofAppendix G that
assesses impacts to wetlands and waters specifically excludes non-wetland waters of the US.
Therefore, the potential impacts to waters of the US identified in the Biological Resources Report was
not carried forlvard into the Initial Study as an impact under California environmental law.
However, the City recognizes that the Corps of Engineers may consider impacts to non-wetland
waters to be significant under the federal Clean WaterAct, and additional mitigation Play be
required under that act. The City will work cooperatively with the Corps to determine appropriate
mitigation, if any is required. If the Corps determines that mitigation is required, the City will likely
propose converting uplands immediately adjacent to the River to "Waters_" This can be
accomplished by a slight lowering of the profile of"non-waters"areas near the roadbed. The exact
amount of impact and mitigation will be determined by the Corps under their regulations and will be
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subject to separate public review through the Corps Public Notice Process
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Comment WW-8: Cumulative Sand Impacts
Particularly troubling is the MND's failure to address the effect that additional development will have
on the region's sand-transportation dynamics. The MND falls to acknowledge that this Project will
reduce or eliminate the ability of viable habitat to be created off-site. In short,not only will the
Project destroy existing plant specimens and habitat,but it will also have an indirect and cumulative
effect on the species by adversely affecting the source and transport of blow sands that create and
maintain sand habitats of the Coachella Valley. According to the Biological Report, the Coachella
Valley MHCP proposes that the design of the improvements will be such that fluvial and aeolian sand
transport capacity not be reduced. Sand that accumulates upwind/upstream of the road can continue to
be deposited can the downwind/downstream side of the road to preserve these sand transport
mechanisms. (Biological Report, page 13.)However, the NIND falls to identify this as a mitigation
measure, and again cannot rely on the MHCP to mitigate the Project's impacts since this document is
not final.
Response TFW--8
Please refer to Response USFWS-4
WW-9: Piecemealing of CEQA Review
The City appears to be inappropriately piecemealing its CBQA review for Gene Autry Trail
improvements.The Gene Autry Trail Widening is proposed to connect to a separate City project 01-
04, the Gene Autry Trail bridge replacement and widening, There is also a third project proposed by
Caltrans to widen the freeway and improve the interchange. The CBQA review is being conducted
separately for these three projects even thought the proposed Interchange Conservation Plan
apparently addresses all three projects.
Response YVW-9
The three projects are under separate environmental review because they are under the jurisdiction
of separate lead agencies and/or subject to different environmental review lalvs. To address the
potential for cumulative impacts to biological resources, and to avoid piecemeal mitigation, the
agencies have cooperated to develop the"Conservation Plan Addressing the Direct, Indirect, and
Cumulative Effects of Interstate 10 Coachella Valley Interchange Projects, "August 2003 and its
mitigation bank.
The Lead Agencies for the Gene Auny Trail/I-10Interchange Project are the Federal Highway
Administration (FHWA)for federal laws and the California Department of Transportation (Caltraw)
for State laws. The City of Palm Springs is a Responsible Agency; its only approval role is to
approve any modification of City streets required to implement the project. Both FHWA and
Caltrans have their own environmental approval processes, which are completely distinct from those
of the City of Palm Springs. The fact that a federal and State Agency are pursuing environmental
review of an interchange project, and the City is pursuing separate environmental review of widening
the approach street does not constitute piecemealing.
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The City has received a federal local assistance grant for the partial funding of the widening of the
Gene Autry Trail Bridge over the railroad. This grain triggers review under the National
Environmental Policy Act(NEPA), in addition to CEQA. The Local Assistance Branch of Caltrans,
(a completely different Department than the Caltrans Department in charge of the Interchange) in
coordination with FHWA, is responsible for the approval of the environmental review under NEPA
and CEQA. In addition, the improvements will require the approval of the Federal Railroad Agency
(FRA) and the railroad itself. With these types of Local Assistance projects, Caltrans seeks to
combine the NEPA and CEQA review, which makes the process entirely different than that of the
City.
In contrast, the Gene Autry Trail widening between Vista Chino and the railroad is a City ofPabn
Springs project, where the City is the lone Lead Agency under CEQA. Caltrans has no legal
discretion over the project and is not a Lead Agency or a Responsible Agency. FHWA has no review
or approval authority. Therefore, the public approval process is necessarily different.
Thus, the different environmental approval processes for the three projects arise, notfrom
piecemealing, but from the differing agencies responsible for the review and approval of each
separate project. The separate approval process arises from the distinct authority and laws of each
level of government,federal, State, and local.
Nonetheless, the agencies have recognized the potential for cumulative impacts to endangered
species, which are subject to yet a different set offederal and State laws. The agencies also
recognized the benefits of addressing endangered species issues on an integrated basis. Therefore,
the "Mitigation Bank"was established to address the combined impacts of the projects to
endangered species. Note that the Mitigation Bank addresses five interchange projects and associated
arterial improvements, only two of which are in the Cay of Palm Springs. The,fact that the
Mitigation Bank addresses projects on a region wide basis does not indicate that the City is
piecemealing its environmental review.
Furthermore, the improvements to Gene Autry Trail are addressed in a combined fashion in the City
of Palm Springs General Plan and its supporting documentation. The ISprovides more detailed
project level environmental review of this single project. The Mitigation Baiik covers five freeway
interchanges and their associated arterial streets;while these projects are interrelated, each has its
own independent utility. Yi'hile each project could have a separate BO and mitigation package that
might lead to fragmented preservation. effort, the various lead agencies for the projects have agreed
to provide a coordinated mitigation program designed to enhance their individual mitigation
requirements in a cohesive package. 17iis is not piecemealing, but a coordinated effort at providing a
quality, integrated mitigation program.
In addition, the City has certainly disclosed to the public the other proposed improvements on Gene
Autry Trail; the IS describes (on Page 3) the proposed improvements to Gene Autry Trail at the
Railroad and at the Freeway. Therefore, it cannot be argued that the City is attempting to hide the
other projects through piecemealing.
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Comment WW-10: Conclusion
The significant impacts of the Project have not been mitigated to below significance, and adoption of
a MND is inappropriate at this time. The City should defer action until such time as the Interchange
Conservation Plan has been finalized, so that the entire mitigation package can be identified with
certainty.
Response WW-10
The City has demonstrated that impacts will be mitigated to a level below significance. Additionally,
the Caltrans Mitigation Bank is well under development with the initial land purchase.
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SUNLINE TRANSIT AGENCY'S
LETTER DATED SEPTEMBER 3, 2004
I have reviewed the City of Palm Springs, Initial Study for the widening of Gene Autry Trail between
Vista Chino and the approach to the Union Pacific Railroad Bridge.Upon this review, I have a couple
of questions that need clarification as to the impacts on local transit service,which operates along this
portion of Gene Autry Trail. I may be putting the cart before the horse, but I thought I would go
ahead and ask these questions now.
Comment SL-1:
Our Line 14 operates 20 round hips along Gene Autry Trail connecting Desert Hot Springs and Palm
Springs. Is the roadway going to be operational both directions during the widening?
Response SL-1:
The City plans on keeping the roadway open in both directions during construction.
Comment SL-2:
We have both stops on both the northwest and northeast comers of Gene Autry Trail and Vista Chino.
How will these stops be affected'? Is the City planning to construct bus turnouts as part of the
widening project?
Response SL-2:
The following mitigation measure will be added to project:
CIRC-1 The City will incorporate has turnouts at northwest corner of the Vista Chino
intersection.
Comment SL-3:
I know that there will be pre-construction meetings prior to the project getting under way.Please
make sure that SunLine is invited to these meetings. I look forward to hearing from you in reference
to the above questions.
Response SL-3:
The City will invite SunLine to pre-construction meeting to maintain a coordinated project with the
agency.
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AGUA CALICNTE BAND OF CAHUILLA INDIANS'
LETTER, DATED SEPTEMBER 13, 2004
(Please also refer to letter of October 22, 2004)
In regards to the above document,we have the following concerns and questions:
Comment ACBCI-1:
A. Project Description-Two alternatives are given in the project description(§ 6. final¶)
addressing existing utilities: either relocation or protection in place.The next sentence within the
description indicates that "except for pavement widening,no work will occur within the Whitewater
River channel". If in fact the utilities require relocation, further disturbance would occur within the
Whitewater River channel than lust the pavement widening. When will the decision be made as to
which alternative will be utilized for the utilities?If the utilities require relocation how will the
cultural and biological elements of this document reflect further disturbance within the channel?
Response ACBCI-1:
The utilities will be protected in place in the 6Phitelvater River channel.
Comment ACBCI-2:
B Biological Resources -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, or regulations, or by the California Department of Fish and Fame or U.S.
Fish and Wildlife Service.Less Than significant with Mitigation Incorporated
The Tribal Habitat Conservation Plan for the Aqua Caliente Indian Reservation, (THCP) adopted
November 12, 2002, is the basis for biological resource decision within the confines of Reservation
boundaries. Section 6,T4S, R5E, is within the Reservation. Lands ownership status contiguous to
Gene Autry Trail is a variety of fee, allotted and not leased, and Tribal trust. The regulatory authority
of the THCP within Section 6 of this proposal shall supplant that of the draft Coachella Valley
Multiple Species Habitat Conservation Plan(CVMSHCP).
The 519 undeveloped acres in Section 6, have been identified within the THCP as one of seven
Target Acquisition Areas dedicated for habitat conservation within the Valley Floor Conservation
Area. On the Reservation the portion of Sec. 6 located north of the southern bank of the levee is
considered Target Acquisition Area.Mitigation fees associated with projects impacting Covered
Species will be utilized for the acquisition of land within the identified Target Acquisition Areas. The
Target Acquisition Areas,both within and outside the Reservation, have been identified by the Tribe,
in consultation with USFWS, as either core habitat for the Valley Floor Covered Species, areas that
support ecological processes necessary to sustain these areas or areas that provide linkage between
core habitat areas. In the case of the Sec. 6 Target Acquisition Area, it is identified as valuable for
both active and ephemeral desert sand field habitat and as a link in a blowsand corridor.
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Covered projects within the Valley Floor Conservation Area located within the Sec. 6 Target
Acquisition Area will require a Conditional Use Permit. The THCP includes construction of public or
public use facilities/structures, such as: public roadways to their ultimate width as identified in any
adopted General Plan as a Covered Project(§4.2.1 b(1)).Mitigation and Design standards for
Covered Projects within Sec. 6 are attached.
Therefore direct impacts and indirect impacts within Section 6 shall be mitigated relative to the
aforementioned fee schedule based on acreage calculations separate from those included within
mitigation measure 13I0-1. Additional mitigation measures as per attached shall also be included.
b)Have a substantial adverse effect on any riparian habitat or other sensitive natural community
identified in local or regional plans,policies, or regulations, or by the California Department of Fish
and Game or U.S.Fish and Wildlife Service? Less Than Significant Impact
Text within the EA response states that the draft CVMSFICP recognizes the ultimate roadway as part
of the plan.The THCP does not recognize the roadway as part of the plan. Does the EA intend to
make a distinction between the two plans and jurisdictions?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife
species or with established native resident or migratory wildlife corridors, or impede the use of native
wildlife nursery sites?Less Than Significant Impact
The THCP has identified See. 6 as a Target Acquisition Area. One of the justifications for that
acquisition was the importance of the area for a corridor link in a blowsand area.The status of this
question should be less Than Significant with Mitigation Measures and mitigation measures included
that would actualize that corridor link.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conunumty
Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than
Significant hnpact
Discussion of the THCP should be included here. Additionally, the status of the impact should be less
than Significant with Mitigation Measures as Sec. 6 is one of the areas identified within the THCP as
very significant.
Response ACBCI-2:
The Agua Caliente Band of Cahnilla Indians have provided an updated response letter(provided with
the comment letters) to the project that states "As provided in THCP Section. 1.4, the Tribe chooses
not to assume permitting authority and instead defers to the City of Palm Springs for pu/poses of
permitting under the THCP". No further response is required for the above comment; additional
responses to the new letter are provided with that letter at ACBCI-6.
C. Cultural Resources-The following comments pertain to the Cultural Resources
element of the EA:
Comment ACBCI-3:
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• Page 2 of the Cultural Resources Study(next to last line)uses the
word Tanglomeiates".Please provide a definition.
Response ACBCI-3:
The definition is "an alluvial deposit near its source containing boulders and cobbles in addition to
sands and silts".
Comment ACBCI-4:
• There is a disparity between the Information Center Record Search
and the report of investigations.In Appendix A,the Information
Center writes, "One cultural resources property is recorded within
the boundaries of the project area." Yet in the report(page 6, ¶2,
final two lines) states, "No cultural resources were observed".
Response ACBCI-4:
There were no resources missed; the project area and records search results were not adequately
defined. The reports text would be more precise with the following text:
PROJECT LOCATIONAND DESCRIPTION
The project alignment is approximately 1.8 miles of the Gene Auu�y Trail right-of-way, between
Arnica Street and the Union Pacific Railroad, in central Riverside County. The alignment is located
in the northeastern portion of Palm Springs in the western half of Sections 6 and 31, Townships 3 and
4 South, Range 5 East, San Bernardino Base Line and Meridian, as shown on the Myoma,
California, 7.5- minute topographic quadrangle(USGS 1958). The project alignment has been
disturbed by eartlnnoving and dumping activities as well as litter and automotive debris.
METHODS
Records Search
A cultural records search for both the Gene Autry Trail and Gene Autry Trail Railroad Bridge
projects was conducted through the Eastern Information Center(EIC) at the University of California,
Riverside (UCR), in July 2003. California Historical Resources Infornation System (CHRIS) cultural
resource maps at the EIC were checked for possible prehistoric and historic resources previously
recorded within and adjacent to the project area. To supplennent the CHRIS data, a review was
conducted of the National Register of Historic Places Index, Office of Historic Preservation ,
Directory of Properties, and historic USGS topographic maps.
RESULTS
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Records Searches
Data from the EIC indicated that 15 cultural resource studies have been conducted within a one-mile
radius of the project areas but the subject alignment was previously unsurveyed. Although the
records search letter indicated one resource within the project boundaries, this is actually a reference
to the adjacent Gene Autry Trail Railroad Bridge project area included in the records search, which
contains a small section of the historic Union Pacific(formerly Southern.Pacific) railroad route (CA-
RIV6381H). Two other cultural resources were documented within a one-mile radius of the project
area, but are more than r12 mile from the proposed project boundaries (EIC 2003).
CULTURAL RESOURCE RECOMMENDATIONS
The widening of Gene Autry Trail between Arnica Street and the Union Pacific Railroad will not
affect any archaeological site or historic resource. Therefore, no further cultural resource
investigations or monitoring are recormnended for the proposed project.
Comment ACBCI-5:
• On August 13,2003,the Tribal Historic Preservation Office sent a
response letter to L.SA regarding what appears to be the sane
project.In it,it was noted that at least part of this project area is on
Reservation land and it was recommended the use of Approved
Cultural Monitors during all ground disturbing activities associated
this project.This is not reflected in the reeominendation section of
the Cultural Resources Study(pages 6-7). (Tine aforementioned
letter is attached.)
Response ACBCI-5:
As noted in Response NAHC-3, this issue was addressed in Mitigation Measure CULT4. However,
the suggested language is more specific; therefore Mitigation Measure CULT-1 is replaced with the
following:
CULT-1 A Native American Monitor shall be present during all ground-disturbing activities
Experience has shown that there is always a possibility of buried cultural resources in a
project area. Given that, a Native American Monitors)shall be present during all ground
disturbing activities including clearing and grubbing, excavation, burial of utilities,planting
ofrootedplants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Off ce for
additional information on the use and availability of Cultural,resource monitors. Should
buried cultural deposits be encountered, the Monitor shall contact the Director ofPlanning
Services and after the consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic
Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval.
Additionally, if human remains should be found, all work shall be stopped, and the Coroner
notified. Work will be allowed to resume only after the approval of the Coroner.
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AGUA CALIENTE BAND OF CAHUILLA INDIANS'
LETTER, DATED OCTOBER 22, 2004
Comment ACBCI-6: (Note: the ACBCI numbering continues from the previous letter dated
September 13, 2004)
Tribal Planning, Building and Engineering Staff have reviewed this proposed project in light of the
Tribal Habitat Conservation Plan (THCP). The project is a "Covered Project" under the TIICP
that takes place partially within and partially outside the Reservation.
As provided in THCP Section 1.4, the Tribe chooses not to assume permitting authority and instead
defers to the City of Palm Springs for purposes of permitting under the THCP. This determination
is made due to the fact that the majority of the project falls outside the Reservation and that the
City is working closely with the US Fish & Wildlife Service to determine appropriate mitigation
measures.We presume that endangered species mitigation will be consistent with the THCP.
Please continue to provide this Department with notification of future actions regarding this
project. If you have any questions please call me at (760) 883-1322 or Margaret Park, Director
of Planning, at (760) 883-1326.
Response ACBCI-6:
This response is related to the response ACBCI-2 and the previous Agua Caliente Band of Cahuilla
Indians'Letter dated September 13, 2004. The City appreciates the Tribe's decision that the
proposed project is a "Covered Project"and has continued to work with the US Fish and Wildlife
Service. Additional information on mitigation as part of a mitigation bank is in General Response I
(GR-1). The City will keep the Department notified offuture actions regarding the proposed project.
PA1I1DR330 Gene Autry\Response to Comments 11-05-04.doc(10/11104) 27 'O
-Sent oy: "oroen3piiliama3rlicnmona 1 UOU !bb b1Htl; 11/1U/2UU4 IU:b4; NUWU; Page 2/3
VV WORDEN WILLIAMS .,,,
Reprrsrntinlr Pahilr Ajondet, ,,I,ra,rlat,and rndiva ,,,JF
November 10, 2004
AREAS of Fuel.I ICE
Will!( AhPNI_I'
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Via Facsimile & US, Mail ! InnU USL ANI,
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City of Palm Springs ucAllsulr
3200 Tallquitz Canyon Way RsnNAL IN!11R1
Palm Springs, California 92262 1 01A If,PIANNINI;
ANI1,ADYINNI RA I ION
Attention; Doug Evans, Director of Strategic Planning nuinlcaflnN
i
Re: Gene Autry Trail Widening
ATTORNEYS
Dear Mr. Evans: ncAr Y u Ru""In""
r, WAYNr may rlTfL
On behalf of the Sierra Club and Center For Biological Diversity, we have I n,uRYi RII,•ATR„u
reviewed the Staff Report and Revised Mitigated Negative Declaration for the iAIRY M cnuls
above Project, and are pleased to see the additional mitigation and clarification
provided in the revised Mitigated Negative Declaration. Nevertheless, we write MA"N"A K OR KENION
to express our concern over biological mitigation measure 13I0-3 dealing with the Am HAu.u.11101n11,LL m,
construction of underpasses to allow for wildlife movement. ""'""
r ;RYlfdlf W *W1a
�b f nvn.rl
As you know, the Administrative Draft of the Coachella Valley MHCP called for
mitigation to make sure that when Gene Autry Trail was widened under crossings I
are constructed to allow for wildlife movement, while also providing for no I
4reoan,el
interruption in sand transport. The City's mitigation measure BIO-3 proposes that
a study be conducted first. The study is to look at several issues, including the OFFICE
"cost effectiveness" of undercrossings. However, a study, in and of itself, is not 4W sJCVfN:AWNln.
mitigation. The City must make a commitment to mitigate the impacts to wildlife i Slim o
movement. BIO.3 contains no such commitment. SCILAN,A III AI IIcnuFr>eNIA
The City cannot circumvent the need to construct undercrossings by studying the
issue. In fact, in reviewing page 24 of the Programmatic Biological Opinion that
le.n1.57 Slvu la,Sl,Nu
provides the basis for the City's MND, there is an assumption that underpasses
will be constructed. Thus, the City must commit to building the underpasses. If
the City believes that additional study is necessary, then the City should conduct
nib
Sent by: Worden,Wiiiiams,Richmond 1 858 755 5198; 11/10/2004 10:54; #990; Page 3/3
VY
Doug Evans
November 10, 2004
Page 2
the study now, prior to adopting the Mitigated Negative Declaration, and then circulate the
findings prior to taking final action.
We appreciate your consideration of these comments.
Very truly yours,
WO�RDEN WILLIAMS, APC
Lam✓
D.Wayne Brecht
dwboword enwilliaw.com
DWB:Ig
cc: Clients
gIy002.Commmw.wad
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ATTACHMENT 5
RESPONSE TO WORDEN WILLIAMS LETTER
DATED NOVEMBER 10, 2004
Mr. Brechtel notes that City has responded adequately to most of his previous concerns, except
for the issue of wildlife undercrossings.
Mr. Brechtel states in his comment letter, "As you know, the Administrative Draft of the
CVMSHCP called for mitigation to make sure that when Gene Autry Trail was widened,
undercrossings are constructed to allow for wildlife movement, while also providing for no
interruption in sand transport."
The actual Draft CVMSHCP language is different and is quoted below:
"The appropriate Local Permittee for the project will ensure that when Gene Autry Trail and
Indian Avenue are widened to SIX LANES, or in 2038-2039, whichever comes first,
(emphasis added), fluvial and aeolian sand transport is not reduced...At the same time, the
appropriate Local Permittee will also ensure that wildlife undercrossings of sufficient size, to be
determined in consultation with the Wildlife Agencies are installed..."
The current project widens the segment of Gene Autry Trail across the Whitewater Wash to four
lanes, not six lanes; therefore the referenced language does not apply to this project. The
requirement to install undercrossings in 2038-2039, if included in the final CVMSHCP, applies to
the existing condition as well as the four-lane road. Therefore, this mitigation measure is not
triggered by the four-lane widening.
In the MND, the City had previously proposed that the design and effectiveness of any such
undercrossings be studied prior to the 2038-39 date. This proposed study addressed the Draft
CVMSHCP condition on Gene Autry Trail rather than the four-lane widening. Mr. Brechtel's
letter claims that the proposed study was deferred mitigation. The City disagrees because the
proposed study actually focused on the CVMSHCP condition, not the current project.
Subsequent discussions with USFWS staff have clarified their proposals for the undercrossings
and obviated the need to conduct the study in the future. As noted in the staff report, the
USFWS recommendations for wildlife and sand transport undercrossings include three culverts
under the southern approaches to the Gene Autry Trail Railroad Bridge, and the long-term
construction of a Gene Autry Trail Bridge over the Whitewater River.
In response to the position of the USFWS and the comments in Mr. Brechtel's letter, the City is
proposing to include the wildlife undercrossings under the Railroad Bridge. These are
scheduled for construction within the next two years. The City will also support the long-term
construction of a the Gene Autry Trail Bridge over the Whitewater River, provided the current
language in the Draft CVMSHCP requiring construction of wildlife undercrossings is approved
and included in the Final CVMSHCP, and that it is understood that the City cannot finance such
a project itself.
As such, Mr. Brechtel's comments have been addressed.
Draft CVMSHCP, Page 4-59
60
ATTACHMENT 6
PROPOSED CHANGES TO MITIGATED NEGATIVE DECLARATION
Mitigation Measure BIO-3 on Page 22 of the Mitigated Negative Declaration is replaced in its
entirety as follows:
13I0-3: The City shall undertake the following additional measures to improve existing and future
wildlife movement and sand transport across Gene Autry Trail.
1. Pursuant to the measures included, if any, in the Programmatic Biological Opinion
issued for the Gene Autry Trail Railroad Bridge Widening Project, the City shall
incorporate wildlife and sand transport undercrossings into the southern approach of the
Gene Autry Trail Railroad Bridge, subject to USFWS approval. These undercrossings
shall consist of pre-cast concrete box culverts, of sufficient size to allow for maintenance
and operation, which traverse the road perpendicular to the direction of travel or
equivalent. The final design will be determined by the ability to include the box culverts
within the elevated roadway profile of the south bridge approach to the widened UPRR
Bridge in consultation with the USFWS.
2. Pursuant to final adoption of the CVMSHCP, which includes the current draft measure
for construction of a "wildlife undercrossing" by 2038-2039, the City will work with the
Coachella Valley Association of Governments to identify a long-term funding plan and
implementation strategy for constructing an all-weather Gene Autry Trail Bridge over
Whitewater Channel; such bridge would also function as a wildlife undercrossing and
would facilitate sand transport.
l ��I
AFFIDAVIT
OF
MAILING NOTICES
I,James Thompson, the undersigned City Clerk of the City of Palm Springs,
California, do hereby certify that a copy of the Notice of Public Hearing
regarding Case No. 5.0929, Gene Autry Trail widening between Vista Chino
and the Union Pacific railroad and intent to adopt a mitigated negative
declaration, was mailed to each and every person set forth on the attached
list on the 3rd day of February, 2005. A copy of said letter and attachment is
attached hereto. Said mailing was completed by placing a copy of said
Notice in a sealed envelope, with postage prepaid, and depositing same in
the U.S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 161h day of February 2005.
AMES THOMPSON
City Clerk
NOTICE OF CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
CITY OF PALM SPRINGS
Case No. 5.0929
Gene Autry Trail Widening between Vista Chino and the Union Pacific Railroad
and Intent to Adopt a Mitigated Negative Declaration
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 February 16, 2005. The City Council meeting begins at 7:00 p.m. in the Council
Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of the Hearing is to consider Case No. 5.0929, a request initiated by the City of Palm Springs to
widen a segment of Gene Autry Trail. The roadway is proposed to be widened to six lanes between Vista
Chino and Via Escuela where a new traffic signal would be installed. The roadway is proposed to be widened
to four lanes through the Whitewater River Wash between Via Escuela and the approach to the railroad bridge.
All travel lanes would be 12 feet wide and the roadway would include 8 foot outside shoulders usable by
bicycles.
The northern end of the proposed project will connect to a separate City project to widen the railroad
overcrossing to six lanes. A third project, sponsored by Caltrans, will widen the 1-10 Freeway overcrossing to
six lanes and improve the capacity of the interchange. Thus, Gene Autry Trail would provide six lanes from
Vista Chino to Via Escuela, four lanes from Via Escuela to the railroad, and six lanes from the railroad throuo"
the 1-10 interchange. Only four lanes are required for the foreseeable future between Via Escuela and tl
railroad because the lack of intersections in this reach enhances the capacity of the roadway.
The City of Palm Springs, in its capacity as the lead agency for this project under the California Environmental
Quality Act (CEQA), evaluated the potential environmental impacts of the project. Pursuant to Section 15063
of CEQA, an Initial Study has been prepared for Case No. 5.0929. Through the preparation of the Initial Study
for Case No 5.0929, the City of Palm Springs has determined that, with the inclusion of mitigation measures,
the roadway widening project could not have a significant impact on the environment. Therefore, a Mitigated
Negative Declaration has been prepared for the subject proposal, which will be reviewed by the City Council at
the public hearing. The Initial Study meets the requirements of the State of California CEQA, the State CEQA
Guidelines, and the City of Palm Springs' Guidelines for the implementation of CEQA. Members of the public
may view this document, Monday to Friday 8 a.m. to 5 p.m., in the Department of Strategic Planning, City Hall,
3200 E. Tahquitz Canyon Way, Palm Springs, and submit written comments at or prior to the City Council
hearing.
If any group challenges the action in court, issues raised may be limited to only those issues raised at the
public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing.
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this
case may be directed to Jing Yeo, Principal Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con Nadine
Fieger telefono (760) 323-8245.
AMES THOMPSON
City Clerk
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* * Office of the City Clerk
* HCORP°p*ie° 3200 E.Taliquitz Canyon Way • Palm Springs, California 92262
C9t/FORNXr Tel: (760)323-8204 • Pax: (760) 322-8332 • Web: wwwa.palm-springs.cams
February 4, 2005
Claudia Salgado
Arvada Wilson
Bureau of Indian Affairs
P.O. Box 2245
Palm Springs, CA 92263
RE: City Council Meeting, February 16, 2005
Gene Autry Trail Widening Between Vista Chino and the Union Pacific Railroad
Dear Claudia and Arvada,
Attached are 5 notices and postage pre-paid envelopes for mailing. For your
convenience I have stuffed the envelopes for you.
These notices need to be sent to Indian landowners within a 400 ft. radius of the
project location.
The APN parcel numbers for the Indian landowners are:
677 020 019
677 020 023
677 020 032
677 020 033
677 040 020
Thanks for your help in notifying Indian landowners when hearings are held that could
affect their properties. Please let me know if you need additional notices and/or
postage pre-paid envelopes for notifying these owners for this important
hearing/meeting.
If you have any questions, please call me at 323-8204.
ZSinc ely,
!/,GUfr«��
Velma Burnell
Deputy City Clerk
Post Office Box 2743 0 Palm Springs, California 92263-2743
O� p�tM SA City of Palm Springs
4�c Department of Planning Services
3200 East Tahquitz Canyon Way
•+ Palm Springs, CA 92262
Telephone: 760-323-8270
C't 11 FOR N�P+ Fax: 760-322-8360
E-mail: LorettaM@ci.palm-springs.ca.us
MEMORANDUM
Date: August 11, 2004
To: Claudia Salgado AND
Arvada Wilson
Bureau of Indian Affairs C
From: Loretta Moffett, Senior Secretary
Planning Services Department
Subject: Case 5.0929 - City of Palm Springs Widening of Gene Autry Trail
Planning Commission Hearing - September 22, 2004
Here are five (5) notices for the above hearing that need to be sent to the appropriate Indian landowners
within the 400 ft. radius of the project on Gene Autry Trail between Vista chino and Via Escuela.
The Parcel Numbers of Indian owned land are: 677-030-019
677-020-023
677-020-032
677-020-033
677-040-020
Please let me know if you need additional notices and/or postage pre-paid envelopes for notifying these
owners for this important hearing/meeting.
Many thanks for your continued support and help in notifying Indian landowners when special hearings
come up that might affect their properties.
Enclosures: 6 Noticesi'
5 Postage Paid Envelopes
i''"`
660190 114
660 190015
Usa 660 660 190 017
1695 price St ,`� Per Pap Partnership Patin Drive Assoc
96 N 3rd St 0275 96 N 3rd St#275
erside,CA 92507 San Jose, CA 95112
San Jose, CA 95112
660 190 018 660 190 019
Palm Drive Assoc 660190020
Palm Drive Assoc Palm Drive Assoc
96 N 3rd St#275 96 N 3rd St#275
San Jose, CA 95112 96 N 3rd St 4275
Salt Jose, CA 95112 San Jose, CA 95112
660 190 022 660 190 023
Southern Pacific Transportation Co 660 290 012
P Southern Pacific Transportation Co S Stevan Dweck
Omaha,
a, NE St#S 1700 Farnam St#S
Omaha, NE 68102 1507 Seacrest Dr
Omaha,NE 68102 Corona Del Mar, CA 92625
660 290 013 660 290 014
Jack Alex&Nida Btinkis Corn660 290 015
Chris William Mullen&Lorraine Mull Group Realestate Co
1500 W West Covina Pkwy West Covina, CA 91790 72211 Rancho Rd 139 S Beverly Dr#330
Rancho Mirage, CA 92270 Beverly Hills, CA 90212
660 290 021 660 290 023
Melvin & Carolyn Curel 660 300 001
I V Cu
Southern Pacific Transportation Co Stevan Dweck
1700 Farnam St#S
78203 Sombrero CL 1507 Seacrest Dr
Bermuda Dunes, CA 92201 Omaha,NE 68102 Corona Del Mar, CA 92625
660 300 002 660 300 003
Cameron Brown 660 300 004
PO Box 247 Cameron Brown Cameron Brown
Rancho Mirage, CA 92270 PO Box 247 PO Box 247
Rancho Mirage, CA 92270 Rancho Mirage, CA 92270
660 300 005 660 300 006
Stevan Dweck 660 300 007
1507 Seacrest Dr Cameron Brown W&L Prop
Corona Del Mar, CA 92625 PO Box 247 1 Los Felis Dr
Rancho Mirage, CA 92270 Pomona, CA 91766
660 300 008 677 030 022
Group Realestate Com 677 030 024
139 S Beverly Dr#330 Cvcwd Cvcwd
Beverly Hills, CA 90212 PO Box 1058 PO Box 1058
Coachella, CA 92236 Coachella, CA 92236
677040,004 677 040 005
Chris&Lorraine Mullen 677 040 008
38635 Maracaibo Cir W Greg&Louise Rammell David Kaiser&Celine Kaiser
Palm Springs, CA 92264 1800 Executive Dr 30276 Avenida Xinuno
Palm Springs, CA 92262 Cathedral City, CA 92234
677 040 015 677 040 016
Ps Storage Pttus 677 040 018
Gary Wade Sanders& Corrin Sanders Ralph Coomber&Susan Coomber
11560 Termessee Ave 1935 S Birdie Way
Los Angeles, CA 90064 223 Loch Lomond Rd
Palm Springs, CA 92264 Rancho Mirage, CA 92270
677 040 019 677 040 023 677 040 026
Ralph Coomber& Susan Coomber Southern California Edison Co Cvcwd
223 Loch Lomond Rd PO Box 800 PO Box 1058
Rancho Mirage, CA 92270 Rosemead, CA 91770 Coachella, CA 92236
677 040 027 677 040 028 677 040 029
Sossa Rbs Exits Inc Bill&Regina Kobayashi
3700 E Vista Chino 19172 Stewart St 10055 Stilbite Ave
Palm Springs,CA 92262 Huntington Beach, CA. 92648 Fountain Valley, CA 92708
677 220 016 677 231 001,,,, 677 231 002
Lakshman&Cluisanthie Wickremesin John Hendrick Jr. jc Elayne Rosenberg
Deep 4915,ke'e'Cir N 3666 E Pasco Barbara
2792 Fyler PI Lelugh Acres,FL 33971 Palm Springs, CA 92262
Los Angeles, CA 90065
677 231 003 677 231 004 677 231 005
Eugene &Billie Jean Haas Wayne Macioszczyk&Frank Trujillo Carlos Rodriguez
3622 E Paseo Barbara 3598 E Pasco Barbara 9181 Judie Beth St
Palm Springs, CA 92262 Palm Springs, CA 92262 Cypress, CA 90630
677 232 011 677 232 012 677 232 013
Alexandra Upshaw Robert Donald Nancy Nolan
3597 E Pasco Barbara PO Box 128 3663 E Paseo Barbara
Palm Springs, CA 92262 Oakland, CA 94604 Palm Springs, CA 92262
677 232 014 p 677 232 021 677 232 022
J M Willi 3 / Jose Morales&Maria Per Stephen Lappe
3677 Oaseo Barbara 3598 E Avenida Fey Norte 3622 E Avenida Fey Norte
P,
.0 Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
677 232 023 677 232 024 677 470 022
Larry Haist William&Bernice Gilchrist Oscar Armando&Maria Joya
9039 Bertrand Ave 9039 Bertrand Ave 3547 Armco St
Northridge, CA 91325 Northridge, CA 91325 Palm Springs, CA 92262
677 470 023 677 470 024 677 470 025
Salvador Alvarez&Benito Alvarez Zacharias Comparan Sergio Cuevas &Harmony Alvarado
3569 Arnim St 3591 Arnico St 3613 Arnico St
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
677 470 026 677 470 027 677 470 028
David Gietter William Pellum Ralph Walton
3635 Aroico St 3657 Ar ico St 3679 Armco St
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
677 470 029 677 470 030 677 470 031
Janies Abernathy Leonard Tugman Jr. Gildardo&Elvia Ruiz
2008 Norlo6 St 2018 Norloti St 2028 Norlod St
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
677 470 032 677 470 033 677 470 034
Gilberto &Rosa Romero Mario Villareal Patricia&Darlene Dedmon
2038 Norloti St 2048 Norlod St 15621 Laguna Ave
Palm Springs, CA 92262 Palm Springs, CA 92262 Lake Elsinore, CA 92530
677 470 035 677 470 036 677 471 001
Orville&1, a Brown / Howard&Nancy Rudoff Jaynes Shannon
692E 'Ifuckwalla Rd#5 5222 Stratford Ave 2079 Norloti St
P� Springs, CA 92262 Westminster, CA 92683 Palm Springs, CA 92262
677 471 002 677 471 003 677 471 00�,, f4
Yolanda Espinoza George Duffy Carol Brown
2288 E Arnado Rd 225 S Civic Dr#1-3 1546,Verde Vista Dr
Palm Springs, CA 92262 Palm Springs, CA 92262 W6erey Park, CA 91754
677 471 005 677 471 006 677 471 007
George Suel Jr. Joan Walker Gene&Christine Marietla
15702 Rosehaven Ln 2029 Norloti St 2019 Norloti St
Carryon Country, CA 91387 Palm Springs, CA 92262 Palm Springs, CA 92262
677 471 008 677 471009 677 471 010
Larry Stinson Carole Stokes Ernest&Kathryn Smith
747 Natoma St#104 2046 Zachary Ct 2056 Zachary Ct
San Francisco, CA 94103 Palm Springs, CA 92262 Palm Springs, CA 92262
677 471 Ol l 677471012 n 677 471 050
i Ayal Sebastian&Maria Orozco Jose&ElizaU a IZ IH Arturo&Rosalba Ramirez
2066 Zachary Ct 27526 Zpeliary Ct 3639 E Via Escuela
Palm Springs, CA 92262 Pal%, prings, CA 92262 Palm Springs, CA 92262
677 471 051
William Cummins
3675 E Via Escuela
Palm Springs, CA 92262
NEIGHBORHOOD COALITION MR BILL DAVIS AND 1`
CASE NO. 5.0929 MR PETER DIXON MS TRISHA DAVIS \
City of Palm Springs-Gene Autry Trail TENNIS CLUB AREA TENNIS CLUB AREA
CITY COUNCIL MEETING-02.16.05 431 SOUTH MONTE VISTA DRIVE 555 WEST BARISTO ROAD#2C
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR FRANK TYSEN
C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN
SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS
175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD
PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262
MR TIM HOHMEIER MS ROXANN FLOSS MR PHIL TEDESCO
DEEPWELL OLD LAS PALMAS DEEPWELL RANCH
1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE
PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264
MR MARSHALL ROATH
MS SHERYL HAMLIN
HISTORIC TENNIS CLUB AREA
565 WEST SANTA ROSA DRIVE
PALM SPRINGS CA 92262
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA
INDIANS I I I 1 1 1 INDIANS
650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262
CITY OF PALM SPRINGS CASE NO. 5.0929
PLANNING&ZONING DEPT MRS JOANNE BRUGGEMANS
VERIFICATION NOTICE I I I ATTN SECRETARY 506 W SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS CA 92262
PALM SPRINGS, CA 92263-2743
SPONSORS
CASE NO. 5.0929
MR PETE MORUZZI
HISTORIC SITE REP I I I PALM SPRINGS MODERN COMMITTEE
PO BOX 4738
PALM SPRINGS CA 92263-4738
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA APPROVING THE APPLICATION TO WIDEN
GENE AUTRY TRAIL FROM TWO TO SIX LANES BETWEEN
VISTA CHINO AND VIA ESCUELA AND FROM TWO TO FOUR
LANES BETWEEN VIA ESCUELA AND THE APPROACH TO
THE UNION PACIFIC RAILROAD BRIDGE THROUGH THE
WHITEWATER RIVER WASH, SECTIONS 6 AND 31, T4S, RSE.
WHEREAS, the City of Palm Springs (the "applicant") has initiated an application to widen Gene
Autry Trail from two to six lanes between Vista Chino and Via Escuela and from two to four
lanes between Via Escuela and the approach to the Union Pacific Railroad Bridge through the
Whitewater River Wash, Sections 6 and 31, T4S, R5E (the "Project"); and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs
to consider Case No. 5.0929, a request to wide Gene Autry Trail from two to six lanes between
Vista chino and Via Escuela and from two to four lanes between Via Escuela and the approach
to the Union Pacific Railroad Bridge through the Whitewater River Wash, Sections 6 and 31,
T4S, RSE; and
WHEREAS, on November 10, 2004 a public hearing to consider the Project was held by the
Planning Commission in accordance with applicable law; 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
proposed project could not have a significant effect on the environment; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including but not limited to the staff
report, all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that the current environmental
assessment for Case No. 5.0929 adequately addresses the general
environmental setting of the proposed Project, its significant environmental
impacts, and the mitigation measures related to each significant environmental
effect for the proposed project. The City Council further finds that with the
incorporation of proposed mitigation measures, potentially significant
environmental impacts resulting from this project will be reduced to a level of
insignificance and therefore adopts a Mitigated Negative Declaration for the
project. This finding reflects the City Council's independent judgment.
Section 2: With respect to issues raised regarding the requirement for wildlife
undercrossings by the U.S. Fish and Wildlife Service (USFWS) and the Sierra
Club, the City Council finds as follows:
The Draft CVMSHCP also refers to such undercrossings, stating that they should
be implemented when Indian Canyon Drive and Gene Autry Trail are widened to
six lanes or the year 2038-2039, whichever comes first. The USFWS has
to
supported this Draft CVMSHCP requirement. The City has been consistently
concerned that these undercrossings were not sufficiently defined and could be
prohibitively expensive. Given the undefined nature of the proposed
undercrossings, the revised MND proposed a mitigation measure (BIO-3) that the
City further study the potential need and design for such undercrossings prior to
the 2038/2039 year identified in the Draft CVMSHCP.
The Sierra Club requested that the City of Palm Springs, as mitigation for the
widening of Gene Autry Trail from two to four lanes across the Whitewater River,
commit to installation of wildlife movement undercrossings as part of the project.
The City does not agree that the four-lane widening creates the need for
undercrossings because staff does not agree that the Draft CVMSHCP requires
such undercrossings as a condition of the four lane widening.
As presently drafted, the CVMSHCP notes the need for the provision of
undercrossings when the roadways (Gene Autry Trail and Indian Canyon Drive)
are: 1) widened to six lanes, or 2) the year 2038-39, whichever comes first.
Since the first part of the condition addresses widening the roadway to six lanes,
it is not applicable at this time since the City is only contemplating widening to
four lanes. The second part of the condition, "the year 2038-2039, whichever
comes first," is applicable in any condition: the existing two lane road, the
proposed four-lane road, or a future six lane road. If this condition is contained in
the final adopted CVMSHCP, it would require the installation of such
undercrossings, even for the existing two-lane roadway; therefore the proposed
mitigation for undercrossings is not a condition of widening Gene Autry Trail to
four lanes.
In consultations with the USFWS, "wildlife undercrossings" were defined as they
applied to this project. USFWS has clarified their definition of "undercrossings"
through the Whitewater River as an elevated bridge, not below grade box
culverts, for the movement of wildlife and sand transport. Further, the USFWS
has requested environmental mitigation in addition to the 115 acres of open
space required as mitigation by the Conservation Plan Addressing Direct,
Indirect, and Cumulative Effects of Interstate 10 Coachella Valley Interchange
Projects. The additional environmental mitigation consists of the installation of
box culverts of sufficient size under the south approach to the Gene Autry Trail
railroad bridge and the ultimate construction of a Gene Autry Trail Bridge over
the Whitewater River, a distance of approximately 6850 feet. This bridge would
allow for wildlife movement and sand transport under the bridge consistent with
the Draft CVMSHCP language, USFWS seeks installation of the bridge prior to
2038-2039.
The mitigation measure to construct a bridge has serious financial implications
for the City. As USFWS staff have clarified the intended meaning of an
undercrossing through the Whitewater River to mean an elevated bridge
structure, the financial commitment to construct such a long bridge through the
Whitewater River is exorbitant. Previously, such a structure was included in the
Measure A Program for both Indian Canyon Drive and Gene Autry Trail. In 1997,
the City had prepared a study of various all-weather crossings through the
Whitewater River for Indian Canyon Drive, Gene Autry Trail, and Vista Chino.
This report, completed on October 31, 1997, was called the "Palm
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Springs/Whitewater River Three Bridges Feasibility Study," and was prepared by
Berryman & Henigar. The report thoroughly analyzed various issues related to
construction of all-weather crossings through the Whitewater River, including
environmental issues, utilities, right-of-way, and specifically hydrology and flood
control protection.
The report assumed for Indian Canyon Drive and Gene Autry Trail that the
bridges had a total width of 83 feet, providing two lanes in each direction (4 total
lanes), divided by a 10 feet wide striped median, an 8 feet wide shoulder on each
side, and one 6 feet wide sidewalk along one side. For Indian Canyon Drive, the
report concluded that the ultimate, 100-year storm design for an all-weather
crossing through the Whitewater River required construction of a 3,150 feet long
elevated bridge with the remaining 4,950 feet through the Whitewater River
constructed as an elevated roadway on fill. The estimated cost of this project in
1997 was $31,359,275. For Gene Autry Trail, the report concluded that the
ultimate, 100-year storm design for an all-weather crossing through the
Whitewater River required construction of a 2,100 feet long elevated bridge with
the remaining 4,750 feet through the Whitewater River constructed as an
elevated roadway on fill. The estimated cost of this project in 1997 was
$33,989,687. These 1997 estimates used a unit cost of $73.44 per square foot
for the bridge structures, which is significantly lower than the $200 to $300 per
square foot unit costs used today to reflect rapidly increasing costs of concrete
and structural steel. Additionally, the need for construction of a new flood control
levee was identified along the north side of the Whitewater River south of and
adjacent to the Union Pacific Railroad, as well as elevating the existing levee by
7 to 8 feet along the south side of the Whitewater River in order to address
increases to the base flood elevation within the Whitewater River due to the
proposed elevated roadways within it. There was no estimate for the
construction of the levee improvements included in by the 1997 report.
Given that USFWS has identified the need for maintaining wildlife movement and
sand transport within the Whitewater River, the City expects that any proposal to
elevate the roadways on fill within the Whitewater River would not be approved
by the various resource agencies. This implication means that the future
roadways within the Whitewater River, whether they are 2, 4 or 6 lanes, will need
to be elevated along their entire length across the Whitewater River. Using
conservative current unit costs of $200 to $300 per square foot, City staff
estimates that the cost for construction of an 8,100 feet long bridge for Indian
Canyon Drive will be between $134,460,000 to $201,690,000; and the cost for
construction of a 6,850 feet long bridge for Gene Autry Trail will be between
$113,710,000 to $170,565,000.
The City cannot commit to funding a $200,000,000 future project and City staff
has conferred with USFWS regarding the financial challenge represented in
constructing the required underpass. If the Final CVMSHCP includes measures
requiring the undercrossings, the future project should be identified as a regional
project, requiring regional funding, and City staff will cooperate with the various
resource agencies and local legislators as necessary to obtain state and federal
funding through a variety of grant sources such as the Exemplary Environmental
Initiative, the Highway Bridge Rehabilitation and Replacement (HBRR) Program,
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Public Lands Highway Discretionary Fund, as well as future Regional Measure A
funding.
Section 3: The roadway widening project implements the General Plan for Gene Autry Trail
because it is designated as a major thoroughfare. The project is consistent with
the General Plan for the six lanes between Vista Chino and Via Escuela and will
be an interim improvement for the four lanes that are proposed to be built
through the wash. Only when traffic volumes require additional capacity through
the wash will the City expand Gene Autry Trail to 6 lanes in the wash, and in that
case it is anticipated such a facility would be an above grade bridge crossing to
avoid environmental impacts and to accommodate the flood control capacity of
the Whitewater River Wash.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council orders
filing of a mitigated negative declaration and approves Case No. 5.0929 to widen Gene Autry
Trail from two to six lanes between Vista Chino and Via Escuela and from two to four lanes
between Via Escuela and the approach to the Union Pacific Railroad Bridge through the
Whitewater River Wash.
ADOPTED THIS _day of , 2005.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form: C
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