CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub.
Resources Code, § 21069; CEQA Guidelines, § 15381.) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.
PROJECT DESCRIPTION SUMMARY
Proponent: Pulte Group
Objective: The Project proposes the construction of approximately 204 single-family residential dwellings on approximately 39 acres. The proposed Project would involve landscaping including drought-resistant vegetation, an approximate 1.37-acre water retention basin, an approximate 0.23-acre dedicated well site, utility improvements, exterior building lighting, street lighting, and landscape lighting.
Location: The proposed Project is located north of 51st Avenue, East of Calhoun Street, South of Avenue 50, West along Van Buren Street in the City of Coachella, County of Riverside. The Project is located within Assessor's Parcel Numbers 779-280- 002 and 779-320-001.
Timeframe: Construction of the proposed Project is anticipated to occur for the duration of approximately 6 to 12 months for rough grading and site improvements. Vertical construction would have an approximate buildout period of 2 years.
COMMENTS AND RECOMMENDATIONS
CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (i.e., biological resources). CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The MND has not adequately identified and disclosed the Project’s impacts (i.e., direct, indirect, and cumulative) on biological resources and whether those impacts are reduced to less than significant.
CDFW’s comments and recommendations on the MND are explained in greater detail below and summarized here. CDFW is concerned that the MND does not adequately identify or mitigate the Project’s significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information to 378
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facilitate a meaningful review by CDFW, including a complete and accurate Project description. CDFW requests that additional information and analyses be added to a revised MND, along with avoidance, minimization, and mitigation measures that avoid or reduce impacts to less than significant.
Project Description
Compliance with CEQA is predicated on a complete and accurate description of the proposed Project. Without a complete and accurate Project description, the MND likely provides an incomplete assessment of Project-related impacts to biological resources.
CDFW has identified gaps in information related to the Project description.
The MND lacks a discussion of plans for artificial nighttime lighting. CDFW requests that the MND is revised to include design plans for artificial nighttime lighting and lighting specifications. Artificial nighttime lighting can negatively impact biological resources in a variety of ways as discussed in the Artificial Nighttime Lighting section below. To conduct a meaningful review and provide biological expertise on how to protect fish and wildlife resources, CDFW requires a complete and accurate Project description.
Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or reduce significant impacts. CDFW is concerned that the mitigation measures proposed in the MND are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding mitigation measures for artificial nighttime lighting and Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) compliance, as well as revising the mitigation measures for nesting birds and burrowing owl.
1) Nesting Birds
It is the Project proponent’s responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). 379
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October 3, 2023
mapped within the boundaries of the Project site during the field survey: tamarisk thicket.” CDFW notes that based on review of aerial imagery, mature tamarisk trees exist along and within the northern boundary of the Project site, and a date palm (Phoenix dactylifera) grove exists within an adjacent parcel to the south of the Project site. Both the tamarisk trees and palm groves provide suitable habitat for nesting birds.
Birds like hooded oriole (Icterus cucullatus) primarily nest in palm trees and build hanging nests on the undersides of palm fronds2. Mourning doves (Zenaida macroura), owls, greater roadrunner (Geococcyx californianus), and house finch (Haemorhous mexicanus) frequently nest in the thick skirts of palms3. The MND includes Mitigation Measure BIO-1 for nesting birds, which indicates that “if Project-related activities are to be initiated during the nesting season (January 1 to August 31), the Applicant shall conduct a pre-construction nesting bird clearance survey by a qualified biologist…”.
CDFW recommends the completion of nesting bird surveys regardless of the time of year to ensure compliance with all applicable laws pertaining to nesting and migratory birds. The timing of the nesting season varies greatly depending on several factors, such as bird species, weather conditions in any given year, and long-term climate changes (e.g., drought, warming, etc.). In response to warming, birds have been reported to breed earlier, thereby reducing temperatures that nests are exposed to during breeding and tracking shifts in availability of resources (Socolar et al., 20174).
CDFW staff have observed that climate change conditions may result in the nesting bird season occurring earlier and later in the year than historical nesting season dates.
CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site and surrounding area be avoided any time birds are nesting onsite. CDFW considers the Mitigation Measure BIO-1 to be insufficient in scope and timing to reduce impacts to nesting birds to less than significant. CDFW recommends the City revise Mitigation Measure BIO-1, with additions in bold and removals in strikethrough:
Mitigation Measure BIO-1: Nesting Birds
Regardless of the time of year, nesting bird surveys shall be performed by a qualified avian biologist no more than 3 days prior to vegetation removal or
2 Garrett, K., and J. Dunn. 1981. Birds of southern California. Los Angeles Audubon Soc., Los Angeles. 3 Cornett, J. W., How did palm oases get to the California desert? A behind-the-scenes look at these ‘tropical islands’. Desert Magazine. Sept. 13, 2018.
4 Socolar JB, Epanchin PN, Beissinger SR and Tingley MW (2017). Phenological shifts conserve thermal niches.
Proceedings of the National Academy of Sciences 114(49): 12976-12981. 380
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ground-disturbing activities. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior.
The qualified avian biologist will make every effort to avoid potential nest predation as a result of survey and monitoring efforts. If active nests are found during the pre-construction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based on nest and buffer monitoring results. Established buffers shall remain on site until a qualified biologist determines the young have fledged or the nest is no longer active.
Active nests and adequacy of the established buffer distance shall be monitored daily by the qualified biologist until the qualified biologist has determined the young have fledged or the Project has been completed. The qualified biologist has the authority to stop work if nesting pairs exhibit signs of disturbance. If project-related activities are to be initiated during the nesting season (January 1 to August 31), the Applicant shall conduct a pre-construction nesting bird clearance survey by a qualified biologist no more than three (3) days prior to the start of any vegetation removal or ground disturbing activities. The qualified biologist shall survey all suitable nesting habitat within the project impact area, and areas within a biologically defensible buffer zone surrounding the project impact area. If no active bird nests are detected during the clearance survey, project activities may begin, and no additional avoidance and minimization measures shall be required. If an active bird nest is found, the species shall be identified, and a “no-disturbance” buffer shall be established around the active nest. The size of the “no-disturbance” buffer shall be increased or decreased based on the judgement of the qualified biologist and level of activity and sensitivity of the species. The qualified biologist shall periodically monitor any active bird nests to determine if project-related activities occurring outside the “no-disturbance” buffer disturb the birds and if the buffer should be increased. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, project activities within the “no-disturbance” buffer may occur following an additional survey by the qualified biologist to search for any new bird nests in the restricted area.
Pursuant to the CEQA Guidelines, section 15097(f), CDFW has prepared a draft mitigation monitoring and reporting program (MMRP) for revised MM BIO-1 and 2, as well as CDFW-recommended MM-BIO [A] and MM-BIO [B].
2) Burrowing Owl
Burrowing owl (Athene cunicularia) is a California Species of Special Concern. Take of individual burrowing owls and their nests is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the 381
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City of Coachella
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Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Take is defined in Fish and Game Code section 86 as “hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill.”
burrowing owl.” Although the MND includes Mitigation Measure BIO-2 for burrowing owl, CDFW considers this measure to be inadequate in scope and timing to reduce impacts to less than significant. CDFW recommends that the City revise Mitigation Measure BIO-2, with additions in bold and removals in strikethrough:
Mitigation Measure BIO-2: Burrowing Owl Avoidance
Suitable burrowing owl habitat has been confirmed on the site; therefore, focused burrowing owl surveys shall be conducted by a qualified biologist in accordance with the Staff Report on Burrowing Owl Mitigation (CDFG 2012 or most recent version). If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval prior to commencing Project activities. The Burrowing Owl Plan shall describe proposed avoidance, minimization, mitigation, and monitoring actions. The Burrowing Owl Plan shall include the number and location of occupied burrow sites, acres of burrowing owl habitat that will be impacted, details of site monitoring, and details on proposed buffers and other avoidance measures if avoidance is proposed. If impacts to occupied burrowing owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also describe minimization and relocation actions that will be implemented. Proposed implementation of burrow exclusion and closure should only be considered as a last resort, after all other options have been evaluated as exclusion is not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If impacts to occupied burrows cannot be avoided, information shall be provided regarding adjacent or nearby suitable habitat available to owls along with proposed relocation actions. The Project proponent shall implement the Burrowing Owl Plan following CDFW and USFWS review and approval.
Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be performed by a qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted. The qualified biologist shall coordinate with CDFW and prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for 382
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City of Coachella
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review and approval prior to commencing Project activities. Within 30 days prior to initiating ground disturbance or vegetation removal activities, the Applicant shall conduct a clearance survey by a qualified biologist to confirm that burrowing owls remain absent, and impacts do not occur to any occupied burrows that may be located on or within 500 feet of the project site. In accordance with the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, 2012), one pre-construction clearance survey shall be conducted within 30 days prior to any ground disturbance or vegetation removal activities. Documentation of the surveys and findings shall be provided to the City of Coachella for review prior to initiating project activities. If no burrowing owls or occupied burrows are detected, project-related activities may begin. If an occupied burrow is detected, the qualified biologist shall flag the location and establish a “no-disturbance” buffer around the burrow in accordance with the CVMSHCP and contact CDFW to determine the appropriate method of relocation, such as eviction/passive relocation or active relocation.
If an occupied burrow is found outside, but within 500 feet, of the development footprint, the qualified biologist shall establish a “no-disturbance” buffer around the burrow location(s). The size of the “no-disturbance” buffer shall be determined in consultation with CDFW and be based on the species status (i.e., breeding, nonbreeding) and proposed level of disturbance. If an occupied burrow is found within the development footprint and cannot be avoided, the qualified biologist shall flag the location and establish a “no-disturbance” buffer around the burrow in accordance with Section 4.4 of the CVMSHCP and contact CDFW to determine the appropriate method of relocation, such as eviction/passive relocation or active relocation. 3) Coachella Valley Multiple Species Habitat Conservation Plan With regard to compliance with the CVMSHCP, page 58 of the MND indicates that “with payment of the Local development Mitigation Fee, the project would be fully consistent with the biological goals and objectives of the CVMSHCP.” The MND lacks a mitigation measure for this CVMSHCP requirement. To ensure consistency with the CVMSHCP, CDFW recommends that the City include in a revised the MND the following mitigation measure:
Mitigation Measure BIO-[A]: CVMSHCP Compliance
Prior to construction and issuance of any grading permit, the City of Coachella shall ensure compliance with the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and its associated Implementing Agreement and shall ensure the collection of payment of the CVMSHCP Local Development Mitigation Fee.
4) Artificial Nighttime Lighting
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increased levels of light and glare from exterior building lighting, required street lighting, landscape lighting, and vehicles.” The MND lacks any additional details on the Project’s lighting plans and lighting specifications or additional avoidance and minimization measures associated with artificial nighttime lighting.
consistent with existing residential developments within the surrounding environment and would be regulated by city lighting standards.” CDFW emphasizes that new sources of lighting in an area, even if they are similar in type and intensity compared to existing lighting, have an additive effect and increase the total light illumination at any given point in the environment.
Because the Project is located adjacent to open-space areas including agricultural fields, a tamarisk thicket, and a date palm grove—areas that can provide suitable nesting habitat for birds (see Nesting Birds section above), migratory birds that fly at night, bats, and other nocturnal and crepuscular wildlife—CDFW recommends the MND is revised to include an analysis of the direct, indirect, and cumulative impacts of artificial nighttime lighting expected to adversely affect biological resources within openspace areas adjacent to the Project site. Artificial nighttime lighting often results in light pollution, which has the potential to significantly and adversely affect fish and wildlife.
Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; and the detection of resources and natural enemies; and navigation. 5 Many species use
photoperiod cues for communication (e.g., bird song6), determining when to begin foraging,
7 behavioral thermoregulation,8 and migration. Phototaxis, a phenomenon that results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience it.
9 To support the City in avoiding or reducing impacts of artificial nighttime lighting on biological resources to less than significant, CDFW recommends that the City add to a revised MND the following mitigation measure:
5 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution: a mechanistic appraisal. Biological Reviews, 88.4: 912-927.
6 Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. The Condor 108:130– 139.
7 Stone, E. L., G. Jones, and S. Harris. 2009. Street lighting disturbs commuting bats. Current Biology 19:1123–1127. 8 Beiswenger, R. E. 1977. Diet patterns of aggregative behavior in tadpoles of Bufo americanus, in relation to light and temperature. Ecology 58:98–108.
9 Longcore, T., and C. Rich. 2004. Ecological light pollution -Review. Frontiers in Ecology and the Environment 2:191–198. 384
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Mitigation Measure BIO-[B]: Artificial Nighttime Lighting Throughout construction and the lifetime operations of the Project, the City and Project proponent shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the greatest extent, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark-Sky Association standards at http://darksky.org/). The City and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler.
5) Landscaping
mulga, Smoothie thornless cascalote, and desert willow, as well as shade trees including desert ironwood and thornless hybrid mesquite. Shrubs of various sizes would be planted throughout, including grey desert spoon, aloe, yucca, and jojoba. Landscape species and irrigation would be required to adhere to the City’s planting selection for landscaping.” To ameliorate the water demands of this Project, CDFW recommends incorporation of water-wise concepts in any Project landscape design plans. In particular, CDFW recommends xeriscaping with locally native California species and installing water-efficient and targeted irrigation systems (such as drip irrigation). Native plants support butterflies, birds, reptiles, amphibians, small mammals, bees, and other pollinators that evolved with those plants. More information on native plants suitable for the Project location and nearby nurseries is available at Calscape: https://calscape.org/.
Local water agencies/districts and resource conservation districts in your area may be able to provide information on plant nurseries that carry locally native species, and some facilities display drought-tolerant locally native species demonstration gardens.
Information on drought-tolerant landscaping and water-efficient irrigation systems is available on California’s Save our Water website: https://saveourwater.com/. CDFW also recommends that the MND include recommendations regarding landscaping from Section 4.0 of the CVMSHCP “Table 4-112: Coachella Valley Native Plants Recommended for Landscaping” (pp. 4-180 to 4-182;
https://cvmshcp.org/Plan_Documents.htm).
ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special status species and natural 385
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City of Coachella
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communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.
ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.)
CONCLUSIONS
CDFW appreciates the opportunity to comment on the MND to assist the City in identifying and mitigating Project impacts to biological resources. CDFW concludes that the MND does not adequately identify or mitigate the Project’s significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information for a meaningful review of impacts to biological resources, including a complete Project description. The CEQA Guidelines indicate that recirculation is required when insufficient information in the MND precludes a meaningful review (§ 15088.5) or when a new significant effect is identified and additional mitigation measures are necessary (§ 15073.5). CDFW recommends that a revised MND, including a complete Project description with lighting plans and specifications, be recirculated for public comment. CDFW also recommends that revised and additional mitigation measures and analysis as described in this letter be added to a revised MND.
CDFW personnel are available for consultation regarding biological resources and strategies to avoid and minimize impacts. Questions regarding this letter or further coordination should be directed to Jacob Skaggs, Environmental Scientist, at [email protected].
Sincerely,
Kim Freeburn
Environmental Program Manager
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Attachment 1: MMRP for CDFW-Proposed Mitigation Measures ec:
Heather Brashear, Senior Environmental Scientist (Supervisor), CDFW [email protected]
Office of Planning and Research, State Clearinghouse, Sacramento [email protected]
Vincent James, U.S. Fish and Wildlife Service
[email protected]
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City of Coachella
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ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Mitigation Measures Timing and
Methods
Responsible
Parties
Mitigation Measure BIO-1: Nesting Birds
Regardless of the time of year, nesting bird surveys
shall be performed by a qualified avian biologist no
more than 3 days prior to vegetation removal or
ground-disturbing activities. Pre-construction
surveys shall focus on both direct and indirect
evidence of nesting, including nest locations and
nesting behavior. The qualified avian biologist will
make every effort to avoid potential nest predation as
a result of survey and monitoring efforts. If active
nests are found during the pre-construction nesting
bird surveys, a qualified biologist shall establish an
appropriate nest buffer to be marked on the ground.
Nest buffers are species specific and shall be at least 300 feet for passerines and 500 feet for raptors. A
smaller or larger buffer may be determined by the
qualified biologist familiar with the nesting
phenology of the nesting species and based on nest
and buffer monitoring results. Established buffers
shall remain on site until a qualified biologist
determines the young have fledged or the nest is no
longer active. Active nests and adequacy of the
established buffer distance shall be monitored daily
by the qualified biologist until the qualified biologist has determined the young have fledged or the Project
has been completed. The qualified biologist has the
authority to stop work if nesting pairs exhibit signs of disturbance.
Timing: No more
than 3 days prior
to vegetation
removal or
ground-disturbing
activities.
Methods: See
Mitigation
Measure
Implementation:
Project Proponent
and City of
Coachella
Monitoring and
Reporting: City of
Coachella
Mitigation Measure BIO-2: Burrowing Owl Avoidance
Suitable burrowing owl habitat has been confirmed
on the site; therefore, focused burrowing owl surveys
shall be conducted by a qualified biologist in
accordance with the Staff Report on Burrowing Owl
Mitigation (2012 or most recent version). If burrowing
owls are detected during the focused surveys, the
qualified biologist and Project proponent shall
prepare a Burrowing Owl Plan that shall be submitted
to CDFW for review and approval prior to
commencing Project activities. The Burrowing Owl
Plan shall describe proposed avoidance,
Timing: Focused
surveys: Prior to
vegetation
removal or
ground-disturbing
activities. Preconstruction
surveys: No less
than 14 days prior
to start of Projectrelated activities
and within 24
hours prior to
Implementation:
Project Proponent
and City of
Coachella
Monitoring and
Reporting: City of
Coachella
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City of Coachella
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minimization, mitigation, and monitoring actions. The
Burrowing Owl Plan shall include the number and
location of occupied burrow sites, acres of burrowing
owl habitat that will be impacted, details of site
monitoring, and details on proposed buffers and
other avoidance measures if avoidance is proposed.
If impacts to occupied burrowing owl habitat or
burrow cannot be avoided, the Burrowing Owl Plan
shall also describe minimization and relocation
actions that will be implemented. Proposed
implementation of burrow exclusion and closure
should only be considered as a last resort, after all
other options have been evaluated as exclusion is
not in itself an avoidance, minimization, or mitigation method and has the possibility to result in take. If
impacts to occupied burrows cannot be avoided,
information shall be provided regarding adjacent or
nearby suitable habitat available to owls along with
proposed relocation actions. The Project proponent
shall implement the Burrowing Owl Plan following
CDFW and USFWS review and approval.
Preconstruction burrowing owl surveys shall be
conducted no less than 14 days prior to the start of
Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff
Report on Burrowing Owl Mitigation (2012 or most
recent version). Preconstruction surveys should be
performed by a qualified biologist following the
recommendations and guidelines provided in
the Staff Report on Burrowing Owl Mitigation. If the
preconstruction surveys confirm occupied burrowing
owl habitat, Project activities shall be immediately
halted. The qualified biologist shall coordinate with
CDFW and prepare a Burrowing Owl Plan that shall
be submitted to CDFW and USFWS for review and
approval prior to commencing Project activities.
ground
disturbance.
Methods: See
Mitigation
Measure
Mitigation Measure BIO-[A]: CVMSHCP Compliance
Prior to construction and issuance of any grading
permit, the City of Coachella shall ensure compliance
with the Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP) and its associated
Implementing Agreement and shall ensure the
collection of payment of the CVMSHCP Local
Development Mitigation Fee.
Timing: Prior to
construction and
issuance of any
grading permit.
Methods: See
Mitigation
Measure
Implementation:
City of Coachella
Monitoring and
Reporting: City of
Coachella
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Mitigation Measure BIO-[B]: Artificial Nighttime
Lighting
Throughout construction and the lifetime operations
of the Project, the City and Project proponent shall
eliminate all nonessential lighting throughout the
Project area and avoid or limit the use of artificial
light at night during the hours of dawn and dusk
when many wildlife species are most active. The City
shall ensure that all lighting for the Project is fully shielded, cast downward, reduced in intensity to the
greatest extent, and does not result in lighting
trespass including glare into surrounding areas or
upward into the night sky (see the International DarkSky Association standards at http://darksky.org/).
The City and Project proponent shall ensure use of
LED lighting with a correlated color temperature of
3,000 Kelvins or less, proper disposal of hazardous
waste, and recycling of lighting that contains toxic
compounds with a qualified recycler.
Timing:
Throughout
construction and
the lifetime
operations of the
Project
Methods: See
Mitigation
Measure
Implementation:
City of Coachella
and Project
Proponent
Monitoring and
Reporting: City of
Coachella
390
Item 3.
TRIBAL HISTORIC PRESERVATION OFFICE
12700 Pumarra Road – Banning, CA 92220 – (951) 755-5259 – Fax (951) 572-6004 – [email protected]
VIA ELECTRONIC MAIL
[email protected]
Gabriel Perez
Development Services Director
City of Coachella
53990 Enterprise Way
Coachella CA 92236
September 21, 2023
Re: Notice to Adopt Draft IS/MND Sevilla II TTM 38577
The Morongo Band of Mission Indians (Tribe/MBMI) Tribal Historic Preservation Office received your letter regarding the above referenced Project. The proposed Project is not located within the boundaries of the ancestral territory or traditional use area of the Cahuilla and Serrano people of the Morongo Band of Mission Indians.
Thank you for notifying the MBMI about this project. MBMI encourages your consultation with tribes more closely associated with the lands upon which the project is located.
Respectfully,
Bernadette Ann Brierty
Tribal Historic Preservation Officer
Morongo Band of Mission Indians
CC: Morongo THPO
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Item 3.
State Water Resources Control Board
September 28, 2023
City of Coachella
Attn: Gabriel Perez
53990 Enterprise Way
Coachella, CA 92236
CITY OF COACHELLA (CITY), MITIGATED NEGATIVE DECLARATION (MND) FOR THE SEVILLA II TENTATIVE TRACT MAP NO 38557 PROJECT (PROJECT); STATE CLEARINGHOUSE #2023090027
Dear Mr. Gabriel Perez:
Thank you for the opportunity to review the MND for the proposed Project. The State Water Resources Control Board, Division of Drinking Water (State Water Board, DDW) is responsible for issuing water supply permits pursuant to the Safe Drinking Water Act.
The Project is within the jurisdiction of the State Water Board, DDW’s Riverside District.
DDW Riverside District issues domestic water supply permit amendments to the public water systems serviced with a new or modified source of domestic water supply or new domestic water system components pursuant to Waterworks Standards (Title 22 CCR chapter 16 et. seq.). A public water system requires a water supply permit amendment for changes to a water supply source, storage, or treatment and for the operation of new water system components- as specified in the Waterworks Standards. The Coachella Water Authority (CWA) may need to apply for a water supply amendment for this Project.
The State Water Board, DDW, as a responsible agency under California Environmental Quality Act (CEQA), has the following comments on the City’s Initial Study (IS)/MND:
· The IS/MND includes an approximate 0.23-acre dedicated [future] well site as part of the proposed Project (PDF pages 11, 34). Please discuss if the well will be used to provide drinking water to the development. If the well will be used to provide drinking water to the development, please address the following in the document:
o The environmental impacts of drilling and operating the well, including discussion on:
§ groundwater impacts and surrounding wells,
§ well maintenance and discharge,
§ storage of chemicals for chlorination, and
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Mr. Gabriel Perez - 2 - September 28, 2023
§ additional water system infrastructure needed (e.g. a backup generator, water main connections prior to well development, etcetera).
o Discuss what is known about the quality of the groundwater and if treatment may be needed. If treatment may be needed include the treatment infrastructure in the project description and discussions. o Include “Drinking Water Supply Permit Amendment (SWRCB, DDW, Riverside District)” under “2.5 Anticipated Approvals and Permits” [PDF pages 12-13].
o Under Section 10. “Other Public Agencies Whose Approval is Required”, please include “State Water Resources Control Board, Division of Drinking Water, Riverside District” (PDF page 35).
o There are two existing groundwater wells located on the Project site (PDF page 11). Will they be used or destroyed according to City of Coachella standards (Title 13. Public Services, Chapter 13.03 Water Service System, Article VIII Water Wells, 13.03.310 Standards)? o CWA is a Groundwater Sustainability Agency (GSA) for the Coachella Valley-Indio Subbasin [7-02.01]. Coachella Valley- Indio Subbasin is prioritized as a medium priority basin by the Department of Water Resources (DWR) under the Sustainable Groundwater Management Act (SGMA). The Coachella Valley Regional Urban Water Management Plan (Coachella Valley Regional UWMP) indicates the 2010 Coachella Valley Water Management Plan Update was approved by the DWR as a functionally equivalent alternative to the Groundwater Sustainability Plan on July 17, 2019. The Coachella Valley Regional UWMP also indicates the four water agencies located within the Coachella Valley- Indio Subbasin are developing the Indio Subbasin Alternative Plan Update, which needed to be submitted to the DWR in January 1, 2022. Please indicate if the Indio Subbasin Alternative Plan Update has been submitted and approved by the DWR. Please also indicate if the Project will conflict with or obstruct implementation of the Indio Subbasin Alternative Plan Update, the most current proposed sustainable groundwater management plan for the basin.
o The IS/MND uses Coachella Valley Water District (CVWD)’s Table 4-8 and 4-22 of the 2010 Coachella Valley Regional UWMP to discuss if the Project would have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years. However, the water system providing the water for this Project is CWA not CVWD (Coachella Valley Regional UWMP, pages 100-101). Please use the appropriate tables from the document (Tables 5-7, Table 5-15, Table 5-16, Table 5-18-Table 5-22) and update the discussion to reflect the CWA information.
o The IS/MND listed but failed to include the Appendices. Please include the referenced documents. Documents incorporated by reference must be made publicly available (CCR Title 14. Section 15150 [b]).
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Mr. Gabriel Perez - 3 - September 28, 2023
Once the MND is adopted, please forward the following items in support of Coachella Valley Water Agency’s permit application to the State Water Board, DDW Riverside District Office at [email protected]:
· Copy of the draft and final MND and Mitigation Monitoring and Reporting Plan (MMRP);
· Copy of any comment letters received and the lead agency responses as appropriate;
· Copy of the Resolution or Board Minutes adopting the IS/MND and MMRP; and · Copy of the date stamped Notice of Determination filed at the Riverside County Clerk’s Office and the Governor’s Office of Planning and Research, State Clearinghouse.
Please contact Lori Schmitz of the State Water Board at (916) 449-5285 or [email protected], if you have any questions regarding this comment letter.
Sincerely,
Lori Schmitz
Lori Schmitz
Environmental Scientist
Division of Financial Assistance
Special Project Review Unit
1001 I Street, 16th floor
Sacramento, CA 95814
Cc:
Office of Planning and Research, State Clearinghouse
Chun Huang
District Engineer
Riverside District
Manuel Delgado
Associate Sanitary Engineer
Riverside District
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