Cities Index.
CC04

Rancho Mirage City Council
May 18, 2023

Document
CC04
Meeting
May 18, 2023
Body
Rancho Mirage City Council
Pages
15
Original file
932 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

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Appendix B
Biological Resources Report
4-262

0� ELMT
FY_
CON>ULTING
December 12, 2021

THE ALTUM GROUP
Attention: Thomas Strand
44-600 Village Court, Suite 100
Palm Desert, California 92260
SUBJECT: Biological Resources Report for Tentative Tract Map No. 38222 (Vista Del Sol) Located in the City of Rancho Mirage, Riverside County, California.

Introduction
This report contains the findings of ELMT Consulting's biological resources investigation for Tentative Tract Map No. 38222 — Vista Del Sol (project site or site) located in the City of Rancho Mirage, Riverside County, California. The biological due diligence investigation was conducted by ELMT biologist Jacob H.

Lloyd Davies on September 14, 2021 to document baseline conditions and to determine the potential for special -status plant and wildlife species to occur on the project site that could pose a constraint to implementation of the proposed project.

This report provides a detailed assessment of the suitability of the onsite habitat to support special -status plant and wildlife species that were identified by the California Natural Diversity Database (CNDDB) and other electronic databases as potentially occurring in the vicinity of the proposed project site. Special attention was given to the suitability of the on -site habitat to support burrowing owl (Athene cunicularia) and other species protected under the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), and potential jurisdictional drainage features.

Project Location
The project site is generally located south of Interstate 10 and north of State Route 111 in the City of Rancho Mirage, Riverside County, California. The site is depicted on the Cathedral City quadrangle of the United States Geological Survey's (USGS) 7.5-minute topographic map series within Section 6 of Township 5 South, Range 6 East. Specifically, the project site is bounded to the west by Vista Del Sol and is located north of Country Club Drive, south of Frank Sinatra Drive, and west of Monterey Avenue within Assessor's Parcel Numbers 685-280-002 and -003. Refer to Exhibits 1-3 in Attachment A.

Project Description
The project proposes the development of Tentative Tract Map No. 38222. Refer to Attachment B, Proposed Site Plan.

Methodology
Literature Review
Prior to conducting the field investigation, a literature review and records search was conducted for special - status biological resources potentially occurring on or within the vicinity of the project site. Previously 2201 N. Grand Avenue #10098 1 Santa Ana, CA 92711-0098 1 (714) 716-5050 www.ELMTConsulting com
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recorded occurrences of special -status plant and wildlife species and their proximity to the project site were determined through a query of the CDFW's CNDDB Rarefind 5, the California Native Plant Society's (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California, Calflora Database, compendia of special -status species published by CDFW, and the United States Fish and Wildlife Service (USFWS) species listings.

Literature detailing biological resources previously observed in the vicinity of the project site and historical land uses were reviewed to understand the extent of disturbances to the habitats on -site. Standard field guides and texts on special -status and non -special -status biological resources were reviewed for habitat requirements, as well as the following resources:
• CDFW 2012 Staff Report on Burrowing Owl Mitigation;
• Coachella Valley Multiple Species Habitat Conservation Plan; • Google Earth Pro historic aerial imagery (1985-2021); • United States Department of Agriculture (USDA) Natural Resource Conservation Service (MRCS), Soil Survey'; and
• USFWS Critical Habitat designations for Threatened and Endangered Species.

The literature review provided a baseline from which to inventory the biological resources potentially occurring on the project site. Additional recorded occurrences of these species found on or near the project site were derived from database queries. The CNDDB ArcGIS database was used, in conjunction with ArcGIS software, to locate the nearest occurrence and determine the distance from the project site.

Habitat Assessment/Field Investigation
ELMT biologist Jacob H. Lloyd Davies inventoried and evaluated the extent and conditions of the plant communities found within the boundaries of the project site and a 200-foot buffer on September 14, 2021.

Plant communities identified on aerial photographs during the literature review were verified by walking meandering transects through the plant communities and along boundaries between plant communities. The plant communities were evaluated for their potential to support special -status plant and wildlife species. In addition, field staff identified any natural corridors and linkages that may support the movement of wildlife through the area. Special attention was given to special -status habitats and/or undeveloped areas, which have higher potentials to support special -status plant and wildlife species.

All plant and wildlife species observed, as well as dominant plant species within each plant community, were recorded. Wildlife detections were made through observation of scat, trails, tracks, burrows, nests, and/or visual and aural observation. In addition, site characteristics such as soil condition, topography, hydrology, anthropogenic disturbances, indicator species, condition of on -site plant communities, and presence of potential jurisdictional drainage and/or wetland features were noted.

Soil Series Assessment
Onsite and adjoining soils were researched prior to the field visit using the USDA NRCS Soil Survey for 1 A soil series is defined as a group of soils with similar profiles developed from similar parent materials under comparable climatic and vegetation conditions. These profiles include major horizons with similar thickness, arrangement, and other important characteristics, which may promote favorable conditions for certain biological resources.

Tentative Tract Map No. 38222 (Vista del Sol) * 0
Biological Resources Assessment
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Riverside County, California. In addition, a review of the local geological conditions and historical aerial photographs was conducted to assess the ecological changes the project site has undergone.

Plant Communities
Plant communities were mapped using 7.5-minute USGS topographic base maps and aerial photography.

The plant communities were delineated on an aerial photograph, classified in accordance with those described in the MSHCP, and then digitized into GIS Arcview. The Arcview application was used to compute the area of each plant community in acres.

Plants
Common plant species observed during the field survey were identified by visual characteristics and morphology in the field and recorded in a field notebook. Unusual and less -familiar plants were photographed in the field and identified in the laboratory using taxonomic guides. Taxonomic nomenclature used in this study follows the 2012 Jepson Manual (Hickman 2012). In this report, scientific names are provided immediately following common names of plant species (first reference only).

Wildli e
Wildlife species detected during field surveys by sight, calls, tracks, scat, or other sign were recorded during surveys in a field notebook. Field guides were used to assist with identification of wildlife species during the survey included The Sibley Field Guide to the Birds of Western North America (Sibley 2003), A Field Guide to Western Reptiles and Amphibians (Stebbins 2003), and A Field Guide to Mammals of North America (Reid 2006). Although common names of wildlife species are fairly well standardized, scientific names are provided immediately following common names in this report (first reference only).

Jurisdictional Drainages and Wetlands
Aerial photography was reviewed prior to conducting a field investigation in order to locate and inspect any potential natural drainage features, ponded areas, or water bodies that may fall under the jurisdiction of the United States Army Corps of Engineers (Corps), Regional Water Quality Control Board (Regional Board), or CDFW. In general, surface drainage features indicated as blue -line streams on USGS maps that are observed or expected to exhibit evidence of flow are considered potential riparian/riverine habitat and are also subject to state and federal regulatory jurisdiction. In addition, ELMT reviewed jurisdictional waters information through examining historical aerial photographs to gain an understanding of the impact of land -use on natural drainage patterns in the area. The USFWS National Wetland Inventory (NWI) and Environmental Protection Agency (EPA) Water Program "My Waters" data layers were also reviewed to determine whether any hydrologic features and wetland areas have been documented on or within the vicinity of the project site.

Topography and Soils
The project site is located at an approximate elevation of 225 to 244 feet above mean sea level. Onsite topography is variable and generally slopes marginally from north to south. Based on the NRCS USDA Web Soil Survey, the project site is underlain by Myoma fine sand (5 to 15 percent slopes). Refer to Exhibit 4, Soils, in Attachment A. Soils onsite are generally undisturbed except for the western, northern, and eastern boudnarys that have been mechanically disturbed and compacted from pedestrian and vehicle Tentative Tract Map No. 38222 (Vista del Sol)
Biological Resources Assessment

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traffic, illicit dumping, and adjacent development.

Existing Site Condition
The project site occurs in an area of the City of Rancho Mirage that has undergone gradual urbanization.

The site is bounded to the north by undeveloped, vacant land with residential development beyond; to the east by residential development; to the south by undeveloped, vacant land with residential development beyond; and to the west by Vista Del Sol with undeveloped, vacant land and commercial development beyond. The site itself is relatively undisturbed with the exception of some on -site development, recreational off -highway vehicle traffic, minor illegal dumping and camping, and surrounding development. In addition, the northern portion and eastern boundary of the site were impacted during the development of adjacent parcels to the east when these areas were utilized for mobilization of construction equipment.

Vegetation
The project site primarily supports undeveloped, vacant land that is generally consistent with naturally occurring native habitats in the immediately surrounding area. Refer to Attachment C, Site Photographs, for representative site photographs. The project site supports one (1) plant community: creosote bush scrub.

In addition, the site supports two (2) land cover types that would be classified as disturbed (refer to Exhibit 5, Vegetation in Attachment A).

The creosote bush scrub plant community found onsite is dominated by creosote (Larrea tridentata) and has been isolated by surrounding development, and no longer provides the same diversity and density of the creosote bush scrub that historically occurred in the area. Common plant species observed during the field investigation include hoary saltbush (Atriplex canescens), desert croton (Croton californicus), sweetbush (Bebbia juncea), fanleaf crinklemat (Tiquilia plicata), desert tea (Ephedra californica), Mediterranean grass (Schismus barbatus), and mustard (Brassica tournefortii).

The project site also supports disturbed land that has been devegetated in recent decades by activities related to adjacent development such as equipment mobilization. These areas are unvegetated, or vegetated with a variety of native and non-native plant species, including ornamental species that entered the site from adjacent residential developments to the east. Plant species observed in disturbed areas of the site include all species observed in the creosote bush scrub plant community, tamarisk (Tamarix ramosissima), and assorted non-native ornamental species.

Developed land found onsite consists of paved portions of Vista Del Sol along the western boundary and a remnant concrete foundation in the southwest corner.

Wildlife
Plant communities provide foraging habitat, nesting/denning sites, and shelter from adverse weather or predation. This section provides a discussion of those wildlife species that were observed or are expected to occur within the project site. The discussion is to be used a general reference and is limited by the season, time of day, and weather conditions in which the field survey was conducted. Wildlife detections were based on calls, songs, scat, tracks, burrows, and direct observation.

Tentative Tract Map No. 38222 (Vista del Sol) T
Biological Resources Assessment O = C=

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Fish
No fish or hydrogeomorphic features (e.g., creeks, ponds, lakes, reservoirs) that would provide suitable habitat for fish were observed on or within the vicinity of the project site. Therefore, no fish are expected to occur and are presumed absent from the site.

Amphibians
No amphibians or hydrogeomorphic features that would provide suitable habitat for amphibian species were observed on or within the vicinity of the project site. Therefore, no amphibians are expected to occur and are presumed absent from the site.

Reptiles
The project site provides suitable foraging and cover habitat for reptilian species adapted to routine human disturbance and desert environments. The only reptilian species observed during the field investigation were western side -blotched lizard (Uta stansburiana elegans). Other common reptile species that could be expected to occur include southern sagebrush lizard (Sceloporus graciosus vandenburgianus), Great Basin fence lizard (Sceloporus occidentalis longipes), and desert iguana (Dipsosaurus dorsalis). Due to the limited availability of adjacent open space, species with large foraging ranges are not expected to occur.

Birds
The project site provides suitable foraging and nesting habitat for avian species adapted to routine human disturbance and desert environments. Bird species detected during the field investigation include mourning dove (Zenaida macroura), common raven (Corvus corax), rock pigeon (Columba liva), house finch (Haemorhous mexicanus), and verdin (Auriparus flaviceps).

Mammals
The project site provides suitable foraging and denning habitat for mammalian species adapted to routine human disturbance and desert environments. However, most mammal species are nocturnal and are difficult to observe during a diurnal field visit. Mammals detected and/or sign observed during the field investigation include desert cottontail (Sylvilagus audubonii), and coyote (Canis latrans). Other common mammalian species that have the potential to occur on the project site include California ground Squirrel (Otospemophilus beecheyi).

Nesting Birds and Raptors
No active nests or birds displaying nesting behavior were observed during the field survey, which was conducted during breeding season. Although subjected to routine disturbance, the ornamental vegetation found on -site has the potential to provide suitable nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that area adapted to urban environments. (Charadrius vociferans). No raptors are expected to nest on -site due to lack of suitable nesting opportunities.

Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, Tentative Tract Map No. 38222 (Vista del Sol)
Biological Resources Assessment
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their nests or eggs). If construction occurs between February 1st and August 31 st, a pre -construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction.

Migratory Corridors and Linkages
Habitat linkages provide connections between larger habitat areas that are separated by development.

Wildlife corridors are similar to linkages but provide specific opportunities for animals to disperse or migrate between areas. A corridor can be defined as a linear landscape feature of sufficient width to allow animal movement between two comparatively undisturbed habitat fragments. Adequate cover is essential for a corridor to function as a wildlife movement area. It is possible for a habitat corridor to be adequate for one species yet still inadequate for others. Wildlife corridors are features that allow for the dispersal, seasonal migration, breeding, and foraging of a variety of wildlife species. Additionally, open space can provide a buffer against both human disturbance and natural fluctuations in resources.

The project site has not been identified as occurring in a wildlife corridor or linkage. The site is generally surrounded by existing development, limiting its connectivity to surrounding habitats. In addition, there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the site to a recognized wildlife corridor or linkage. As such, implementation of the proposed project is not expected to impact wildlife movement opportunities. Therefore, impacts to wildlife corridors or linkages are not expected to occur.

Jurisdictional Areas
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Corps Regulatory Branch regulates discharge of dredge or fill materials into "waters of the United States" pursuant to Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFW regulates alterations to streambed and bank under Fish and Wildlife Code Sections 1600 et seq., and the Regional Board regulates discharges into surface waters pursuant to Section 401 of the CWA and the California Porter -Cologne Water Quality Control Act.

No jurisdictional drainage and/or wetland features were observed on the project site or within the during the field investigation. Further, no blueline streams have been recorded on the project site. Therefore, development of the project will not result in impacts to Corps, Regional Board, or CDFW jurisdiction and regulatory approvals will not be required.

Special -Status Biological Resources
The CNDDB was queried for reported locations of special -status plant and wildlife species as well as natural communities of special concern in the Cathedral City USGS 7.5-minute quadrangle. This singular quadrangle was used due to on -site conditions and surrounding development. A search of published records within this quadrangle was conducted using the CNDDB Rarefind 5 online software and the CDFW BIOS database and the CNPS Inventory of Rare and Endangered Plants of California that supplied information regarding the distribution and habitats of vascular plants in the vicinity of the project site. The habitat assessment evaluated the conditions of the habitat(s) within the boundaries of the project site to determine if the existing plant communities, at the time of the survey, have the potential to provide suitable habitat(s) for special -status plant and wildlife species.

Tentative Tract Map No. 38222 (Vista del Sol) T
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The literature search identified thirteen (13) special -status plant species, sixteen (16) special -status wildlife species, and two (2) special -status plant community were identified as having potential to occur within the Cathedral City quadrangle. Special -status plant and wildlife species were evaluated for their potential to occur within the project site based on habitat requirements, availability and quality of suitable habitat, and known distributions. Species determined to have the potential to occur within the general vicinity are presented in Table D-1: Potentially Occurring Special -Status Biological Resources, provided in Attachment D. Refer to Table D-1 for a determination regarding the potential occurrence of special -status plant and wildlife species within the project site.

Special -Status Plants
According to the CNDDB and CNPS, sixteen (16) special -status plant species have been recorded in the Cathedral City quadrangle (refer to Attachment D). No special -status plants were observed on the project site during the field investigation. Based on habitat requirements for specific species, the availability and quality of onsite habitats, and the isolation of the site and adjacent open space from nearby habitats, it was determined that the project site has a low potential to support Coachella Valley milk -vetch (Astragalus lentiginosus var. coachellae). It was further determined that all other special -status plant species known to occur in the vicinity of the site do not have potential to occur and are presumed to be absent.

Coachella Valley Milk -Vetch
Coachella Valley milk -vetch can be either an annual or perennial herb that blooms between February and May. It is federally listed as endangered and is designated by the CNPS with the Rare Plant Rank 113.2, indicating that is rare, threatened, or endangered in California and elsewhere, and is considered fairly threatened in California, with 20-80% of its known occurrences threatened. It is covered under the MSHCP.

It is endemic to California and is only known from Riverside County. It occurs in sandy soils within desert dunes and Sonoran desert scrub, where it typically grows at elevations between 131 and 2,149 feet.

Coachella Valley milk -vetch is known to occur in many locations throughout the Coachella Valley.

Coachella Valley milk -vetch was not observed during the field investigation and was determined to have a low potential to occur on -site. Since Coachella Valley milk -vetch is a covered species under the CVMSHCP, no further surveys or additional mitigation measures will be required for impacts to this species.

Special -Status Wildlife
According to the CNDDB, sixteen (16) special -status wildlife species have been reported in the Cathedral City quadrangle (refer to Attachment D). No special -status wildlife species were observed onsite during the field investigation. Based on habitat requirements for specific species and the availability and quality of on -site habitats, it was determined that the project site has a moderate potential to prairie falcon (Falco mexicanus), and loggerhead shrike (Lanius ludovicianus). It was further determined that all other special - status wildlife species known to occur in the vicinity of the site have a low potential to occur are were determined not have potential to occur and are presumed to be absent.

To ensure impacts to the aforementioned special -status species do not occur from implementation of the proposed project, a pre -construction nesting bird clearance survey shall be conducted prior to ground disturbance. With implementation of the pre -construction nesting bird clearance survey, impacts to these species will be less than significant and no mitigation will be required.

Tentative Tract Map No. 38222 (Vista del Sol) 0 T
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Special -Status Plant Communities
The CNDDB lists one (1) special -status plant community as being identified within the Cathedral City quadrangle: Desert Fan Palm Oasis Woodland. Based on the results of the field investigation, no special - status plant communities were observed onsite. Therefore, no special -status plant communities will be impacted by project implementation.

Critical Habitat
Under the federal Endangered Species Act, "Critical Habitat' is designated at the time of listing of a species or within one year of listing. Critical Habitat refers to specific areas within the geographical range of a species at the time it is listed that include the physical or biological features that are essential to the survival and eventual recovery of that species. Maintenance of these physical and biological features requires special management considerations or protection, regardless of whether individuals or the species are present or not. All federal agencies are required to consult with the United States Fish and Wildlife Service (USFWS) regarding activities they authorize, fund, or permit which may affect a federally listed species or its designated Critical Habitat. The purpose of the consultation is to ensure that projects will not jeopardize the continued existence of the listed species or adversely modify or destroy its designated Critical Habitat.

The designation of Critical Habitat does not affect private landowners, unless a project they are proposing is on federal lands, uses federal funds, or requires federal authorization or permits (e.g., funding from the Federal Highways Administration or a CWA Permit from the Corps). If a there is a federal nexus, then the federal agency that is responsible for providing the funding or permit would consult with the USFWS.

The project site is not located within federally designated Critical Habitat (refer to Exhibit 6, Critical Habitat, in Attachment A). The nearest designated Critical Habitat to the site is located approximately 2.65 miles to the west for Peninsular bighorn sheep (Ovis canadensis nelsoni). Therefore, the loss or adverse modification of Critical Habitat will not occur as a result of the proposed project and consultation with the USFWS will not be required for implementation of the proposed project.

Coachella Valley MSHCP
The proposed project was reviewed to determine consistency with the CVMSHCP. Geographic Information System (GIS) software was utilized to map the project site in relation to the CVMSHCP including conservation areas, corridors and linkages, and sand transport areas. The CVMSHCP requires that local permittees, such as the City of Rancho Mirage, comply with various protective measures for covered species, communities, essential ecological processes, and biological corridors. In addition, certain projects may be subject to local development mitigation fees, a Joint Project Review Process, or other conservation or implementation measures.

The project site is located within the boundaries of the CVMSHCP Area, but is not located within any Conservation Areas, Preserves, Cores, or Linkages (refer to Exhibit 7, CVMSHCP Conservation Areas in Attachment A). The proposed project is not listed as a planned "Covered Activity" under the published CVMSHCP, but is still considered to be a current Covered Activity pursuant to Section 7.1 of the CVMSHCP. According to Section 7.1 of the CVMSHCP, take authorization will be provided for certain activities that take place outside of Conservation Areas including "new projects approved pursuant to county and city general plans, transportation improvement plans for roads in addition to those addressed in Section 7.2, master drainage plans, capital improvement plans, water and waste management plans, the Tentative Tract Map No. 38222 (Vista del Sol) T
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County's adopted Trails Master Plan, and other plans adopted by the Permittees." As a Covered Activity located outside designated conservation areas, construction of the proposed project is expected to be consistent with the applicable avoidance, minimization, and mitigation measures described in Section 4.4 of the CVMSHCP. Since the proposed project is considered a Covered Activity under Section

7.1 of the CVMSHCP, no further avoidance, minimization, and mitigation measures are required, and the project is in compliance with the CVMSHCP.

The CVMSHCP does not identify modeled habitat for any covered species as occurring within the project site. Further, based on the results of the field investigation, the project site supports creosote bush scrub and disturbed land that has been subjected to a variety of anthropogenic disturbances. These disturbances have reduced, if not eliminated, the ability of the project site to provide suitable habitat for CVMSHCP Covered species. Due to the limited project footprint, no impacts to CVMSHCP Covered Species are expected to occur from project implementation.

Conclusion
Based literature review and field survey, and existing site conditions discussed in this report, implementation of the project will have no significant impacts on federally or State listed species known to occur in the general vicinity of the project site. Additionally, the project will have no effect on designated Critical Habitat or regional wildlife corridors/linkage because none exists within the area. No jurisdictional drainage and/or wetland features were observed on the project site during the field investigation. No further surveys are recommended. With completion of the recommendations provided below, no impacts to year- round, seasonal, or special -status avian residents or special -status species will occur from implementation of the proposed project.

As a Covered Activity located outside designated conservation areas, construction of the proposed project is expected to implement the applicable regulatory complinace measures described in Section 4.4 of the CVMSHCP. With implementation of these measures, the proposed project would be fully consistent with the biological goals and objectives of the CVMSHCP.

Recommendations
Migratory Bird Treaty Act and Fish and Game Code
Nesting birds are protected pursuant to the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests or eggs). In order to protect migratory bird species, a nesting bird clearance survey should be conducted prior to any ground disturbance or vegetation removal activities that may disrupt the birds during the nesting season.

If construction occurs between February 1st and August 31 st, a pre -construction clearance survey for nesting birds should be conducted within three (3) days of the start of any vegetation removal or ground disturbing activities to ensure that no nesting birds will be disturbed during construction. The biologist conducting the clearance survey should document a negative survey with a brief letter report indicating that no impacts to active avian nests will occur. If an active avian nest is discovered during the pre -construction clearance survey, construction activities should stay outside of a no -disturbance buffer. The size of the no -disturbance Tentative Tract Map No. 38222 (Vista del Sol) ;,c_
T
Biological Resources Assessment
❑� 711

Attachment A
Project Exhibits
4-272

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TENTATIVE TRACT MAP NO. 38222 (VISTA DEL SOL)

BIOLOGICAL RESOURCES REPORT
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TENTATIVE TRACT MAP NO. 38222 (VISTA DEL SOL)

BIOLOGICAL RESOURCES REPORT
Veaetation
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Site Plan
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Attachment C
Site Photographs
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Attachment C — Site
Photograph 1: From the northwest corner of the project site looking south along the western boundary.

Photograph 2: From the northwest corner of the project site looking east along the northern boundary.

Tentative Tract Map No. 38222 (Vista del Sol) T
Biological Resources Report
❑�;,C�83

Attachment C — Site
Photograph 3: From the northeast corner of the project site looking west along the northern boundary.

Photograph 4: From the northeast corner of the project site looking south along the eastern boundary.

Tentative Tract Map No. 38222 (Vista del Sol)
Biological Resources Report MT
;,C_�'84

Attachment C — Site
Photograph 6: From the southwest corner of the project site looking northwest.

Tentative Tract Map No. 38222 (Vista del Sol)
Biological Resources Report VU
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Attachment C — Site
Photograph 8: From the southwest corner of the project site looking north along the western boundary.

Tentative Tract Map No. 38222 (Vista del Sol) T
Biological Resources Report

Attachment C — Site
Photograph 9: From the southern boundary of the project site looking northwest. ;t
4 Photograph 10: The majority of the project site supports Creosote Bush Scrub in varying densities.

Tentative Tract Map No. 38222 (Vista del Sol)
Biological Resources Report
LB I

Attachment D
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4-293

Attachment E
Regulations
4-294

December 12, 2021

Page 10 ends

buffer will be determined by the wildlife biologist and will depend on the level of noise and/or surrounding anthropogenic disturbances, line of sight between the nest and the construction activity, type and duration of construction activity, ambient noise, species habituation, and topographical barriers. These factors will be evaluated on a case -by -case basis when developing buffer distances. Limits of construction to avoid an active nest will be established in the field with flagging, fencing, or other appropriate barriers; and construction personnel will be instructed on the sensitivity of nest areas. A biological monitor should be present to delineate the boundaries of the buffer area and to monitor the active nest to ensure that nesting behavior is not adversely affected by the construction activity. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, construction activities within the buffer area can occur.

Please do not hesitate to contact Tom McGill at (951) 285-6014 or tmc ig llpelmtconsulting com or Travis McGill at (909) 816-1646 or travismcgillgelmtconsulting com should you have any questions regarding this proposal.

Sincerely,
Thomas J. McGill, Ph.D.

Managing Director
Attachments:

Travis J. McGill
Director
A. Project Exhibits
B. Site Plan
C. Site Photographs
D. Potentially Occurring Special -Status Biological Resources E. Regulations
Tentative Tract Map No. 38222 (Vista del Sol)
Biological Resources Assessment _

Attachmetn E — Regulations
Special status species are native species that have been afforded special legal or management protection because of concern for their continued existence. There are several categories of protection at both federal and state levels, depending on the magnitude of threat to continued existence and existing knowledge of population levels.

Federal Regulations
Endangered Species Act of 1973
Federally listed threatened and endangered species and their habitats are protected under provisions of the Federal Endangered Species Act (ESA). Section 9 of the ESA prohibits "take" of threatened or endangered species. "Take" under the ESA is defined as to "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any of the specifically enumerated conduct." The presence of any federally threatened or endangered species that are in a project area generally imposes severe constraints on development, particularly if development would result in "take" of the species or its habitat. Under the regulations of the ESA, the United States Fish and Wildlife Service (USFWS) may authorize "take" when it is incidental to, but not the purpose of, an otherwise lawful act.

Critical Habitat is designated for the survival and recovery of species listed as threatened or endangered under the ESA. Critical Habitat includes those areas occupied by the species, in which are found physical and biological features that are essential to the conservation of an ESA listed species and which may require special management considerations or protection. Critical Habitat may also include unoccupied habitat if it is determined that the unoccupied habitat is essential for the conservation of the species.

Whenever federal agencies authorize, fund, or carry out actions that may adversely modify or destroy Critical Habitat, they must consult with USFWS under Section 7 of the ESA. The designation of Critical Habitat does not affect private landowners, unless a project they are proposing uses federal funds, or requires federal authorization or permits (e.g., funding from the Federal Highway Administration or a permit from the U.S. Army Corps of Engineers (Corps)).

If USFWS determines that Critical Habitat will be adversely modified or destroyed from a proposed action, the USFWS will develop reasonable and prudent alternatives in cooperation with the federal institution to ensure the purpose of the proposed action can be achieved without loss of Critical Habitat. If the action is not likely to adversely modify or destroy Critical Habitat, USFWS will include a statement in its biological opinion concerning any incidental take that may be authorized and specify terms and conditions to ensure the agency is in compliance with the opinion.

Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) (16 U.S. Government Code [USC] 703) makes it unlawful to pursue, capture, kill, possess, or attempt to do the same to any migratory bird or part, nest, or egg of any such bird listed in wildlife protection treaties between the United States, Great Britain, Mexico, Japan, and the countries of the former Soviet Union, and authorizes the U.S. Secretary of the Interior to protect and regulate the taking of migratory birds. It establishes seasons and bag limits for hunted species and protects migratory birds, their occupied nests, and their eggs (16 USC 703; 50 CFR 10, 21).

Tentative Tract Map No. 38222 (Vista del Sol) a O ELM T Biological Resources Assessment
° +-496

Attachmetn E — Regulations
The MBTA covers the taking of any nests or eggs of migratory birds, except as allowed by permit pursuant to 50 CFR, Part 21. Disturbances causing nest abandonment and/or loss of reproductive effort (i.e., killing or abandonment of eggs or young) may also be considered "take." This regulation seeks to protect migratory birds and active nests.

In 1972, the MBTA was amended to include protection for migratory birds of prey (e.g., raptors). Six families of raptors occurring in North America were included in the amendment: Accipitridae (kites, hawks, and eagles); Cathartidae (New World vultures); Falconidae (falcons and caracaras); Pandionidae (ospreys); Strigidae (typical owls); and Tytonidae (barn owls). The provisions of the 1972 amendment to the MBTA protects all species and subspecies of the families listed above. The MBTA protects over 800 species including geese, ducks, shorebirds, raptors, songbirds and many relatively common species.

State Regulations
California Environmental Quality Act (CEQA)
The California Environmental Quality Act (CEQA) provides for the protection of the environment within the State of California by establishing State policy to prevent significant, avoidable damage to the environment through the use of alternatives or mitigation measures for projects. It applies to actions directly undertaken, financed, or permitted by State lead agencies. If a project is determined to be subject to CEQA, the lead agency will be required to conduct an Initial Study (IS); if the IS determines that the project may have significant impacts on the environment, the lead agency will subsequently be required to write an Environmental Impact Report (EIR). A finding of non -significant effects will require either a Negative Declaration or a Mitigated Negative Declaration instead of an EIR. Section 15380 of the CEQA Guidelines independently defines "endangered" and "rare" species separately from the definitions of the California Endangered Species Act (CESA). Under CEQA, "endangered" species of plants or animals are defined as those whose survival and reproduction in the wild are in immediate jeopardy, while "rare" species are defined as those who are in such low numbers that they could become endangered if their environment worsens.

California Endangered Species Act (CESA)
In addition to federal laws, the state of California implements the CESA which is enforced by CDFW. The CESA program maintains a separate listing of species beyond the FESA, although the provisions of each act are similar.

State -listed threatened and endangered species are protected under provisions of the CESA. Activities that may result in "take" of individuals (defined in CESA as; "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill") are regulated by CDFW. Habitat degradation or modification is not included in the definition of "take" under CESA. Nonetheless, CDFW has interpreted "take" to include the destruction of nesting, denning, or foraging habitat necessary to maintain a viable breeding population of protected species.

The State of California considers an endangered species as one whose prospects of survival and reproduction are in immediate jeopardy. A threatened species is considered as one present in such small numbers throughout its range that it is likely to become an endangered species in the near future in the Tentative Tract Map No. 38222 (Vista del Sol) a O ELM T Biological Resources Assessment
Y +-497

Attachmetn E — Regulations
absence of special protection or management. A rare species is one that is considered present in such small numbers throughout its range that it may become endangered if its present environment worsens. State threatened and endangered species are fully protected against take, as defined above.

The CDFW has also produced a species of special concern list to serve as a species watch list. Species on this list are either of limited distribution or their habitats have been reduced substantially, such that a threat to their populations may be imminent. Species of special concern may receive special attention during environmental review, but they do not have formal statutory protection. At the federal level, USFWS also uses the label species of concern, as an informal term that refers to species which might be in need of concentrated conservation actions. As the Species of Concern designated by USFWS do not receive formal legal protection, the use of the term does not necessarily ensure that the species will be proposed for listing as a threatened or endangered species.

Fish and Game Code
Fish and Game Code Sections 3503, 3503.5, 3511, and 3513 are applicable to natural resource management.

For example, Section 3503 of the Code makes it unlawful to destroy any birds' nest or any birds' eggs that are protected under the MBTA. Further, any birds in the orders Falconiformes or Strigiformes (Birds of Prey, such as hawks, eagles, and owls) are protected under Section 3503.5 of the Fish and Game Code which makes it unlawful to take, possess, or destroy their nest or eggs. A consultation with CDFW may be required prior to the removal of any bird of prey nest that may occur on a project site. Section 3511 of the Fish and Game Code lists fully protected bird species, where the CDFW is unable to authorize the issuance of permits or licenses to take these species. Pertinent species that are State fully protected by the State include golden eagle (Aquila chrysaetos) and white-tailed kite (Elanus leucurus). Section 3513 of the Fish and Game Code makes it unlawful to take or possess any migratory nongame bird as designated in the MBTA or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the MBTA.

Native Plant Protection Act
Sections 1900-1913 of the Fish and Game Code were developed to preserve, protect, and enhance Rare and Endangered plants in the state of California. The act requires all state agencies to use their authority to carry out programs to conserve Endangered and Rare native plants. Provisions of the Native Plant Protection Act prohibit the taking of listed plants from the wild and require notification of the CDFW at least ten days in advance of any change in land use which would adversely impact listed plants. This allows the CDFW to salvage listed plant species that would otherwise be destroyed.

California Native Plant Society Rare and Endangered Plant Species Vascular plants listed as rare or endangered by the CNPS, but which have no designated status under FESA or CESA are defined as follows:

California Rare Plant Rank
IA- Plants Presumed Extirpated in California and either Rare or Extinct Elsewhere 113- Plants Rare, Threatened, or Endangered in California and Elsewhere Tentative Tract Map No. 38222 (Vista del Sol) a O ELM T Biological Resources Assessment
° +-498

Attachmetn E — Regulations
2A- Plants Presumed Extirpated in California, But More Common Elsewhere 2B- Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere 3- Plants about Which More Information is Needed - A Review List 4- Plants of Limited Distribution - A Watch List
Threat Ranks
1- Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat)
2- Moderately threatened in California (20-80% occurrences threatened / moderate degree and immediacy of threat)
3- Not very threatened in California (<20% of occurrences threatened / low degree and immediacy of threat or no current threats known).

Local Policies
Coachella Valley MSHCP
A Multiple Species Habitat Conservation Plan (Plan) was prepared for the entire Coachella Valley and surrounding mountains to address current and potential future state and federal Endangered Species Act issues in the Plan Area. A Memorandum of Understanding ("Planning Agreement") was developed to govern the preparation of the Plan. In late 1995 and early 1996, under the auspices of CVAG, the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage; County of Riverside (County); U.S. Fish and Wildlife Service (USFWS); California Department of Fish and Game (CDFG); Bureau of Land Management (BLM); U.S. Forest Service (USFS); and National Park Service (NPS) signed the Planning Agreement to initiate the planning effort.

Subsequently, Caltrans, Coachella Valley Water District (CVWD), Imperial Irrigation District (IID), Riverside County Flood Control and Water Conservation District (County Flood Control), Riverside County Regional Park and Open Space District (County Parks), Riverside County Waste Resources Management District (County Waste), California Department of Parks and Recreation (State Parks), and CVMC decided to participate in the Plan.

The Plan balances environmental protection and economic development objectives in the Plan Area and simplifies compliance with endangered species related laws. The Plan is intended to satisfy the legal requirements for the issuance of Permits that will allow the Take of species covered by the Plan in the course of otherwise lawful activities. The Plan will, to the maximum extent practicable, minimize and mitigate the impacts of the Taking and provide for Conservation of the Covered Species.

The Conservation Plan includes the establishment of an MSHCP Reserve System, setting Conservation Objectives to ensure the Conservation of the Covered Species and conserved natural communities in the MSHCP Reserve System, provisions for management of the MSHCP Reserve System, and a Monitoring Program, and Adaptive Management. The MSHCP Reserve System will be established from lands within Tentative Tract Map No. 38222 (Vista del Sol) a 0 ELM T Biological Resources Assessment
° +-49,9

Attachmetn E — Regulations
21 Conservation Areas. Because some Take Authorization is provided under the Plan for Development in Conservation Areas, the actual MSHCP Reserve System will be somewhat smaller than the total acres in the Conservation Areas. When assembled, the Reserve System will provide for the Conservation of the Covered Species in the Plan Area.

Tentative Tract Map No. 38222 (Vista del Sol) a O ELM T Biological Resources Assessment
*V300

Attachmetn E — Regulations
There are three key agencies that regulate activities within inland streams, wetlands, and riparian areas in California. The Corps Regulatory Branch regulates activities pursuant to Section 404 of the Federal Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act. Of the State agencies, the CDFG regulates activities under the Fish and Game Code Section 1600-1616, and the Regional Board regulates activities pursuant to Section 401 of the CWA and the California Porter -Cologne Water Quality Control Act.

Federal Regulations
Section 404 of the Clean Water Act
Since 1972, the Corps and U.S. Environmental Protection Agency (EPA) have jointly regulated the filling of "waters of the U.S.," including wetlands, pursuant to Section 404 of the Clean Water Act (CWA). The Corps has regulatory authority over the discharge of dredged or fill material into the waters of the United States under Section 404 of the CWA. The Corps and EPA define "fill material" to include any "material placed in waters of the United States where the material has the effect of. (i) replacing any portion of a water of the United States with dry land; or (ii) changing the bottom elevation of any portion of the waters of the United States." Examples include, but are not limited to, sand, rock, clay, construction debris, wood chips, and "materials used to create any structure or infrastructure in the waters of the United States." In order to further define the scope of waters protected under the CWA, the Corps and EPA published the Clean Water Rule on June 29, 2015. Pursuant to the Clean Water Rule, the term "waters of the United States" is defined as follows:
(i) All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
(ii) All interstate waters, including interstate wetlands'. (iii) The territorial seas.
(iv) All impoundments of waters otherwise defined as waters of the United States under the definition. (v) All tributaries2 of waters identified in paragraphs (i) through (iii) mentioned above. (vi) All waters adj acent3 to a water identified in paragraphs (i) through (v) mentioned above, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters.

The term wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

The terms tributary and tributaries each mean a water that contributes flow, either directly or through another water (including an impoundment identified in paragraph (iv) mentioned above), to a water identified in paragraphs (i) through (iii) mentioned above, that is characterized by the presence of the physical indicators of a bed and banks and an ordinary high water mark.

The term adjacent means bordering, contiguous, or neighboring a water identified in paragraphs (i) through (v) mentioned above, including waters separated by constructed dikes or barriers, natural river berms, beach dunes, and the like.

Tentative Tract Map No. 38222 (Vista del Sol) a 0 ELM T Biological Resources Assessment
*V301

Attachmetn E — Regulations
(vii) All prairie potholes, Carolina bays and Delmarva bays, Pocosins, western vernals pools, Texas coastal prairie wetlands, where they are determined, on a case -specific basis, to have a significant nexus to a water identified in paragraphs (i) through (iii) meantioned above. (viii) All waters located within the 100-year floodplain of a water identified in paragraphs (i) through (iii) mentioned above and all waters located within 4,000 feet of the high tide line or ordinary high water mark of a water identified in paragraphs (i) through (v) mentioned above, where they are determined on a case -specific basis to have a significant nexus to a waters identified in paragraphs (i) through (iii) mentioned above.

The following features are not defined as "waters of the United States" even when they meet the terms of paragraphs (iv) through (viii) mentioned above:
(i) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act.
(ii) Prior converted cropland.
(iii) The following ditches:
(A) Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary.
(B) Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands.
(C) Ditches that do not flow, either directly or through another water, into a water of the United States as identified in paragraphs (i) through (iii) of the previous section. (iv) The following features:
(A) Artificially irrigated areas that would revert to dry land should application of water to that area cease;
(B) Artificial, constructed lakes and ponds created in dry land such as farm and stock watering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log cleaning ponds, or cooling ponds;
(C) Artificial reflecting pools or swimming pools created in dry land; (D) Small ornamental waters created in dry land;
(E) Water -filled depressions created in dry land incidental to mining or construction activity, including pits excavated for obtaining fill, sand, or gravel that fill with water; (F) Erosional features, including gullies, rills, and other ephemeral features that do not meet the definition of a tributary, non -wetland swales, and lawfully constructed grassed waterways; and
(G) Puddles.
(v) Groundwater, including groundwater drained through subsurface drainage systems. (vi) Stormwater control features constructed to convey, treat, or store stormwater that are created in dry land.

Tentative Tract Map No. 38222 (Vista del Sol) a O ELM T Biological Resources Assessment
*V30'2

Attachmetn E — Regulations
(vii) Wastewater recycling structures constructed in dry land; detention and retention basins built for wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling.

Section 401 of the Clean Water Act
Pursuant to Section 401 of the CWA, any applicant for a federal license or permit to conduct any activity which may result in any discharge to waters of the United States must provide certification from the State or Indian tribe in which the discharge originates. This certification provides for the protection of the physical, chemical, and biological integrity of waters, addresses impacts to water quality that may result from issuance of federal permits, and helps insure that federal actions will not violate water quality standards of the State or Indian tribe. In California, there are nine Regional Water Quality Control Boards (Regional Board) that issue or deny certification for discharges to waters of the United States and waters of the State, including wetlands, within their geographical jurisdiction. The State Water Resources Control Board assumed this responsibility when a project has the potential to result in the discharge to waters within multiple Regional Boards.

State Regulations
Fish and Game Code
Fish and Game Code Sections 1600 et. seq. establishes a fee -based process to ensure that projects conducted in and around lakes, rivers, or streams do not adversely impact fish and wildlife resources, or, when adverse impacts cannot be avoided, ensures that adequate mitigation and/or compensation is provided.

Fish and Game Code Section 1602 requires any person, state, or local governmental agency or public utility to notify the CDFW before beginning any activity that will do one or more of the following:
(1) substantially obstruct or divert the natural flow of a river, stream, or lake; (2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or
(3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake.

Fish and Game Code Section 1602 applies to all perennial, intermittent, and ephemeral rivers, streams, and lakes in the State. CDFW's regulatory authority extends to include riparian habitat (including wetlands) supported by a river, stream, or lake regardless of the presence or absence of hydric soils and saturated soil conditions. Generally, the CDFW takes jurisdiction to the top of bank of the stream or to the outer limit of the adjacent riparian vegetation (outer drip line), whichever is greater. Notification is generally required for any project that will take place in or in the vicinity of a river, stream, lake, or their tributaries. This includes rivers or streams that flow at least periodically or permanently through a bed or channel with banks that support fish or other aquatic life and watercourses having a surface or subsurface flow that support or have supported riparian vegetation. A Section 1602 Streambed Alteration Agreement would be required if impacts to identified CDFW jurisdictional areas occur.

Porter Cologne Act
Tentative Tract Map No. 38222 (Vista del Sol) a O ELM T Biological Resources Assessment
*V303

Attachmetn E — Regulations
The California Porter -Cologne Water Quality Control Act gives the State very broad authority to regulate waters of the State, which are defined as any surface water or groundwater, including saline waters. The Porter -Cologne Act has become an important tool in the post SWANCC and Rapanos regulatory environment, with respect to the state's authority over isolated and insignificant waters. Generally, any person proposing to discharge waste into a water body that could affect its water quality must file a Report of Waste Discharge in the event that there is no Section 404/401 nexus. Although "waste" is partially defined as any waste substance associated with human habitation, the Regional Board also interprets this to include fill discharged into water bodies.

Tentative Tract Map No. 38222 (Vista del Sol) a O ELM T Biological Resources Assessment
*V304

Appendix C
Cultural Resource Investigation
4-305

CULTURAL RESOURCE INVESTIGATION IN SUPPORT OF THE

VISTA DEL SOL PROJECT, CITY OF RANCHO MIRAGE, RIVERSIDE

COUNTY, CALIFORNIA
Prepared by:

Roberta Thomas, M.A., RPA, and Michael Mirro, M.A., RPA Prepared for:

The Altum Group
Technical Report No. 21-644
PaleoWest
517 S. Ivy Avenue
Monrovia, California 91016
(626) 408-8006
December 28, 2021
Keywords: CEQA; Rancho Mirage; Coachella Valley; Riverside County 4-306

CONTENTS
MANAGEMENT SUMMARY...................................................................................................... 4

1.0 INTRODUCTION........................................................................................................ 5

1.1 PROJECT LOCATION..........................................................................................5

1.2 REPORT ORGANIZATION...................................................................................5

2.0 REGULATORY CONTEXT........................................................................................... 8

2.1 CALIFORNIA ENVIRONMENTAL QUALITY ACT.................................................8

2.2 CALIFORNIA ASSEMBLY BILL 52......................................................................8

3.0 SETTING...................................................................................................................10

3.1 ENVIRONMENTAL SETTING.............................................................................10

3.1.1 Lake Cahuilla..........................................................................................10

3.2 PREHISTORIC SETTING....................................................................................11

3.2.1 Late Prehistoric Period...........................................................................11

3.3 ETHNOHISTORIC SETTING...............................................................................12

3.4 HISTORICAL SETTING......................................................................................13

4.0 CULTURAL RESOURCES INVENTORY.....................................................................14

4.1 PREVIOUS CULTURAL RESOURCES INVESTIGATIONS..................................14

4.2 CULTURAL RESOURCES REPORTED WITHIN ONE MILE OF THE PROJECT AREA.................................................................................................................15

4.3 ADDITIONAL SOURCES....................................................................................15

4.4 NATIVE AMERICAN COORDINATION..............................................................16

5.0 FIELD INVESTIGATION.............................................................................................18

5.1 FIELD METHODS..............................................................................................18

5.2 FIELD RESULTS................................................................................................18

6.0 MANAGEMENT RECOMMENDATIONS...................................................................21

7.0 REFERENCES...........................................................................................................22

APPENDICES
Appendix A. Native American Coordination................................................................................25

FIGURES
Figure 1-1. Project vicinity map.....................................................................................................6 Figure 1-2. Project location map...................................................................................................7 Figure 5-1. Overview of the Project area, facing northeast.........................................................19 Figure 5-2. Overview of the drainage within the Project area, facing north................................19 Vista 41-1016�

TABLES
Table 4-1. Previous Cultural Investigations within One Mile of the Project Area........................14 Table 4-2. Previously Recorded Cultural Resources within One Mile of the Project Area ..........15 Vista 41-101M

MANAGEMENT SUMMARY
PaleoWest LLC (PaleoWest) was contracted by The Altum Group to conduct a Phase I cultural resource assessment for the proposed Vista Del Sol Project (Project). The proposed Project involves the division of two parcels into nine residential lots in the city of Rancho Mirage, Riverside County, California. The Project requires compliance with the California Environmental Quality Act (CEQA); the City of Rancho Mirage (City) is the Lead Agency for the purposes of the CEQA.

This report summarizes the methods and results of the cultural resource investigation of the Project area. The investigation included background research, communication with the Native American Heritage Commission (NAHC) and interested Native American tribal groups, a site visit of the Project area, and resource documentation and evaluation. The purpose of the investigation was to determine the potential for the Project to impact archaeological and historical resources under CEQA.

A cultural resource records search and literature review was completed at the Eastern Information Center (EIC) of the California Historical Resource Information System housed at University of California, Riverside. The records search indicated that no fewer than 11 previous cultural resource studies have been conducted within one -mile of the Project area resulting in the identification of at least one cultural resource. This resource is a historic period archaeological site that consists of the remains of a "jackrabbit homestead" site. No previously recorded resources were reported within the Project area.

As part of the cultural resource assessment of the Project area, PaleoWest also requested a search of the Sacred Lands File (SLF) from the NAHC. Results of the SLF search indicate that there are no known Native American cultural resources within the immediate Project area. The NAHC suggested contacting 18 individuals representing 11 Native American tribal groups to find out if they have additional information about the Project area. The 12 recommended tribal groups were contacted. To date, four responses were received.

PaleoWest completed a pedestrian survey of the Project area on December 7, 2021. No prehistoric or historic period archaeological resources were identified. In addition, no built - environment resources were identified within the Project area. While it appears that the Project area has a low sensitivity for Late Prehistoric and/or ethnohistoric archaeological sites, the Project area has a moderate sensitivity for older buried archaeological resources at deeper depths. Additionally, the Project area has a moderate to high sensitivity for encountering mid- century historic period buried archaeologist deposits. As such, PaleoWest recommends archaeological monitoring at the onset of ground disturbance to determine if continued monitoring is warranted.

In the event that potentially significant cultural resources are encountered during construction activities associated with the Project, a qualified archaeologist shall be obtained to assess the significance of the find in accordance with the criteria set forth in the CRHR. In addition, Health and Safety Code 7050.5, CEQA 15064.5(e), and Public Resources Code 5097.98 mandate the process to be followed in the unlikely event of an accidental discovery of any human remains in a location other than a dedicated cemetery.

Vista 41-10M9

1.0 INTRODUCTION
PaleoWest LLC (PaleoWest) was contracted by The Altum Group to conduct a Phase I cultural resource assessment for the proposed Vista Del Sol Project (Project). The proposed Project involves the division of two parcels into nine residential lots in the City of Rancho Mirage, Riverside County, California. The Project requires compliance with the California Environmental Quality Act (CEQA); the City of Rancho Mirage (City) is the Lead Agency for the purposes of the CEQA.

PROJECT LOCATION
The Project area is located within the city of Rancho Mirage along Vista Del Sol Road, north of Country Club Drive and east of Bob Hope Drive (Figures 1-1). The Project area is on Assessor's Parcel Numbers (APN) 685-280-002 and -003 and totals approximately 10 acres. As shown in Figure 1-2, the Project area is within Section 6, Township 5 South, Range 6 East, San Bernardino Baseline and Meridian (SBBM), as depicted on the Cathedral City, CA 7.5' U.S.

Geological Survey (USGS) topographic quadrangle. The elevation of the Project area is between 213 and 234 feet above mean sea level (amsl).

The Project includes a Tentative Tract Map No. 38222 (TTM) and proposes to divide the two existing parcels into nine lots allowing for the development of up to nine single-family homes.

The lot sizes range from 43,560 square feet to 45,102 square feet. The maximum depth of proposed excavation is approximately 5 feet for the retention basins.

Access to the Project would be provided by a proposed driveway on Vista Del Sol, which would allow cars onto a proposed private street with a cul-de-sac in the middle of the Project area.

The proposed private street, named Bravo Court, would provide access to each single-family residence.

REPORT ORGANIZATION
This report documents the results of a cultural resource investigation completed for the proposed Project. Chapter 1 introduced the Project location and description. Chapter 2 states the regulatory context that should be considered for the Project. Chapter 3 synthesizes the natural and cultural setting of the Project area and surrounding region. The results of the existing cultural resource data literature and resource record review, the Sacred Lands File (SLF) search, and a summary of the Native American communications is presented in Chapter

4. The field methods employed during this investigation and findings are outlined in Chapter 5 with management recommendation provided in Chapter 6. This is followed by bibliographic references and appendices.

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Vista 1 Sol eroj 1c

2.0 REGULATORY CONTEXT

2.1 STATE

2.1.1 California Environmental Quality Act
The proposed Project is subject to compliance with CEQA, as amended. Compliance with CEQA statutes and guidelines requires both public and private projects with financing or approval from a public agency to assess the project's impact on cultural resources (Public Resources Code Section 21082, 21083.2 and 21084 and California Code of Regulations 10564.5). The first step in the process is to identify cultural resources that may be impacted by the project and then determine whether the resources are "historically significant" resources.

CEQA defines historically significant resources as "resources listed or eligible for listing in the California Register of Historical Resources (CRHR)" (Public Resources Code Section 5024.1). A cultural resource may be considered historically significant if the resource is 45 years old or older, possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and meets any of the following criteria for listing on the CRHR:

1. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage;

2. Is associated with the lives of persons important in our past;

3. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or,

4. Has yielded, or may be likely to yield, information important in prehistory or history (Public Resources Code Section 5024.1).

Cultural resources are buildings, sites, humanly modified landscapes, traditional cultural properties, structures, or objects that may have historical, architectural, cultural, or scientific importance. CEQA states that if a project will have a significant impact on important cultural resources, deemed "historically significant," then project alternatives and mitigation measures must be considered.

2.1.2 California Assembly Bill 52
Signed into law in September 2014, California Assembly Bill 52 (AB 52) created a new class of resources — tribal cultural resources (TCRs) — for consideration under CEQA. TCRs may include sites, features, places, cultural landscapes, sacred places, or objects with cultural value to California Native American tribes that are listed or determined to be eligible for listing in the CRHR, included in a local register of historical resources, or a resource determined by the lead CEQA agency, in its discretion and supported by substantial evidence, to be significant and eligible for listing on the CRHR. AB 52 requires that the lead CEQA agency consult with California Native American tribes that have requested consultation for projects that may affect tribal cultural resources. The lead CEQA agency shall begin consultation with participating Native American tribes prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. Under AB 52, a project that has potential to cause Vista 1 SoJ, 0ict

a substantial adverse change to a tribal cultural resource constitutes a significant effect on the environment unless mitigation reduces such effects to a less than significant level.

2.2 LOCAL

2.2.1 City of Rancho Mirage Historic Preservation Commission "The Historic Preservation Commission was established in 2003, by Municipal Ordinance No. 831, to develop a program to provide a way to identify certain structures and sites which represent eras, events or persons important in Rancho Mirage's cultural, archaeological, social, economic, architectural, and/or political history for the purpose of encouraging the preservation, improvement, and promotion of Rancho Mirage's treasured properties" (City of Rancho Mirage 2017). The Historic Preservation Commission created a local registry for cultural resources called the Rancho Mirage Register of Historic Places and began designating properties for the list in 2003. Currently 72 properties appear on this list (City of Rancho Mirage 2021). None of the designated properties on the Rancho Mirage Register of Historic Places are located within the Project area.

Vista 41-1010114

3.0 SETTING
This section of the report summarizes information regarding the physical and cultural setting of the Project area, including the prehistoric, ethnographic, and historic contexts of the general area. Several factors, including topography, available water sources, and biological resources, affect the nature and distribution of prehistoric, ethnographic, and historic -period human activities in an area. This background provides a context for understanding the nature of the cultural resources that may be identified within the region.

3.1 ENVIRONMENTAL SETTING
The Project area is situated east of the Peninsular Ranges in the southern extent of the Coachella Valley at the western edge of the Colorado Desert. The Coachella Valley is bordered by the San Jacinto and Santa Rosa mountains (part of the Peninsular Ranges) to the southwest and by the low, rolling Indio and Mecca hills to the northeast. From the steep slopes of the San Jacinto Mountains, the desert floor descends suddenly at less than 3 kilometers (2 miles) eastward to sea level in the city of Indio, less than 20 miles southeast of the Project area.

South of the Project area, elevations gradually drop to 90 meters (300 feet) bmsl at the Salton Sea Basin. This basin has filled periodically throughout the Pleistocene and Holocene when the Colorado River shifted its course near its mouth at the Gulf of California, flowing north into the basin, and forming a large freshwater lake commonly known as Lake Cahuilla. A major water source flowing through the central valley is the Whitewater River. The river drained the southern slope of the San Bernardino Mountains for thousands of years (Laflin 2001), prior to the development of the Coachella Valley, flowing in a generally south-southeast direction 80.5 kilometers (50 miles) toward the Salton Sea. The Whitewater River was likely the largest perennial stream that entered the Salton Basin during prehistoric times, replenishing the underground aquifer during nonlacustrine intervals. The Whitewater River Storm Channel runs along the western boundary of the Project area.

Prior to the mid-1900s, the climate of the Project region was characterized by low relative humidity, very low rainfall, high summer temperatures of up to 52' C (125' F), and mild winters.

Since the 1950s, the relative humidity in the area has risen gradually as more and more golf courses have been built and maintained in the Coachella Valley. High winds are common and are accompanied by blowing sand and dust during the spring and late fall. Within the desert areas surrounding the Project area, the average annual rainfall is as sparse as 6 centimeters (2.5 inches) per year and occurs primarily during the winter months. The Project area is situated within an area identified by Bean and Saubel (1972) as a Lower Sonoran life zone. The Lower Sonoran life zone is characterized by low rainfall, fine -textured alluvial to sandy soils, and xerophytic plant communities.

3.1.1 Lake Cahuilla
Arguably the most important environmental change in the Colorado Desert in the past 2,000 years was the formation of Lake Cahuilla. In response to the western diversion of the Colorado River in the Salton Trough, Lake Cahuilla filled and shrank numerous times throughout the Pleistocene and Holocene. The lake would fill until the water reached an altitude of 12 m (40 Vista Del Sol�j jt Ill

feet), the minimum crest of the delta at Cerro Prieto, where overflow would spill into the Gulf of California (Waters 1983:374). Wilke (1976) calculated that it would take roughly 12 to 20 years of receiving the entire flow of the Colorado River to fill Lake Cahuilla to an altitude of 12 m (40 feet). Alternatively, Wilke (1976) also determined that approximately 60 years would be required to completely dry out the lake without input from the Colorado River.

Utilizing radiocarbon assays, historical accounts and evidence, and cross dating of artifacts found along the former Lake Cahuilla shoreline, researchers have posited five lacustrine intervals in the Salton Basin representing an unknown number of stands of Lake Cahuilla during the past 2,000 years (Wilke 1976, Waters 1983, Cleland 1998, Laylander 1994, and Schaefer 1986). The first and earliest of these events has been dated to A.D. 700-890, followed by a gradual, but complete, dessication of the lake at about A.D. 950. The second interval began shortly after A.D. 950, peaking at approximately A.D. 965-1150; followed by another gradual, but complete, desiccation of the lake at A.D. 1210. The third interval began shortly after A.D. 1210, peaking between A.D. 1225 and 1360. The third interval was followed by a gradual, but not complete desiccation of the lake by A.D. 1450; the lake remained approximately 50 m (165 feet) deep at this time. The fourth interval lasted between A.D. 1450-1520, desiccating again by A.D. 1580. The fifth, more recent lacustrine interval of Lake Cahuilla occurred during the Spanish explorations of the region between 1540 and 1775 (Cleland 1998:13).

Recent paleoclimatic research indicates that a Medieval Warm climatic anomaly was registered throughout Far West North American between circa 1,060 and 575 cal B.P. (Graumlich 1993; Spaulding 2001; Stine 1994). Researchers believe the Medieval Warm would have restricted prehistoric occupation in the Southern California deserts to a few suitable water sources such as the Colorado River and Lake Cahuilla. High stands of Lake Cahuilla, whose source is not directly affected by climatic conditions, are in fact registered during the Medieval Warm, suggesting that the area was likely highly favorable for prehistoric occupation.

3.2 PREHISTORIC SETTING
Native American occupation of the Colorado Desert is typically divided into four cultural periods:

San Dieguito (ca. 12,000-7,000 years B.P.); Pinto (ca. 7,000-4,000 B.P.); Amargosa (ca. 4,000- 1,200 B.P.); and the Late Prehistoric Period (ca. 1,200-200 B.P.). These cultural periods exclude the controversial "Early Man" pre -projectile point materials from Calico. The prehistoric cultural setting discussed below begins at the Late Prehistoric period based on the archival research conducted for the study area.

3.2.1 Late Prehistoric Period
The Late Prehistoric period in the Colorado Desert is marked by the introduction of new artifact types and technological innovations from the preceding Amargosa Period and is sometimes classified as the Patayan Pattern (Cleland 1998; CSRI 1986; Schaefer 1994, 1995). This period is characterized by the introduction of ceramics, including Tizon Brown Ware from the Peninsular Ranges, Colorado Buff Wares from the Colorado River region, and the Salton Buff Ware from the Lake Cahuilla shoreline (Schaefer 1995; Waters 1982). New projectile point types, including Desert Side -notched and Cottonwood Triangular points, signify the introduction of the bow and arrow hunting technology, marking a pre -ceramic phase of the expansion of the earlier Amargosa assemblages perhaps as early as 1,500 B.P. Techniques of floodplain horticulture Vista X-01111
6 were also introduced to the inhabitants along the Colorado River at the same time as ceramics.

Additionally, burial practices changed from extended inhumations to cremated remains, sometimes buried in ceramic vessels. Typical of the Hohokam culture from southern Arizona, these traits were introduced to the Colorado River inhabitants and gradually spread west to the Salton trough, Peninsular Ranges, and Coastal Plains of Southern California.

The Patayan Pattern is typified by several differing settlement and subsistence systems (Schaefer 1995). Dispersed seasonal settlements, known as rancherias, were found along the Colorado River. These settlements were composed of jacal (i.e., adobe style) structures, semi - subterranean pit houses, ramadas, or brush huts, depending on the season and types of settlement. Larger rancherias would disperse to upper terraces of the Colorado River and to special collection areas during the summer months, coinciding with the flood phase of the river, returning to the lower terraces for plant harvesting. At the eastern base of the Peninsular Ranges, the settlement pattern was typified by dispersed rancherias, or villages situated at the mouths of canyons supporting perennial streams, at the base of alluvial fans near springs, or down on the valley floor where a shallow water table allowed wells to be dug (e.g., at Indian Wells). In addition to these sites, specialized sites were in all of the micro -environmental zones that were exploited seasonally. Archaeologically, these specialized sites range in composition from bedrock milling features and pot -drops along trails, to lithic chipping stations and quarries, to temporary camps containing occupational debris including bone, shell, ceramics, flaked and ground stone tools, ornamental items such as beads and pendants, as well as burn features (e.g., fire hearth).

3.3 ETHNOHISTORIC SETTING
The Cahuilla have been studied extensively by Dr. Lowell Bean and much of the following discussion is derived from Bean's description of the Cahuilla in Volume 8 of the Handbook of North American Indians (Bean 1978:575-587).

The Cahuilla belong to nonpolitical, nonterritorial patrimoieties that governed marriage patterns as well as patrilineal clans and lineages. Each clan, "political -ritual -corporate units" composed of 3 to 10 lineages, owned a large territory in which each lineage owned a village site with specific resource areas. Clan lineages cooperated in defense, in large communal subsistence activities, and in the performance of rituals and ceremonies. Clans were apt to own land in the valley, foothill, and mountain areas, providing them with the resources of many different ecological niches.

In prehistoric times Cahuilla shelters are believed to have been dome shaped; after contact they tended to be rectangular in shape. Cahuilla shelters were often made of brush, palm fronds, or arrowweed. Most of the Cahuilla domestic activities were performed outside the shelters within the shade of large, expansive ramadas.

The Cahuilla were, for the most part, hunting, collecting, harvesting, and protoagricultural peoples. As in most of California, acorns were a major staple, but the roots, leaves, seeds, and fruit of many other plants also were used. Fish, birds, insects, and large and small mammals were also available.

To gather and prepare these food resources, the Cahuilla had an extensive inventory of equipment including bows and arrows, traps, nets, disguises, blinds, spears, hooks and lines, poles for shaking down pine nuts and acorns, cactus pickers, seed beaters, digging sticks and Vista X-0111t
J�

weights, and pry bars. In addition, the Cahuilla also had an extensive inventory of food processing equipment including hammers and anvils, mortars and pestles, manos and metates, winnowing shells and baskets, strainers, leaching baskets and bowls, knives (made of stone, bone, wood, and carrizo cane), bone saws, and drying racks made of wooden poles to dry fish.

Mountain tops, unusual rock formations, springs, and streams are held sacred to the Cahuilla as are rock art sites and burial and cremation sites. In addition, various birds are revered as sacred beings of great power and sometimes were killed ritually and mourned in mortuary ceremonies like those for important individuals. As such, bird cremation sites are considered sacred by the Cahuilla.

3.4 HISTORICAL SETTING
The history of the California desert region has been reviewed in detail by von Till Warren et al. (1981:85-105). A summary of historical events in the Project area is provided below.

Prior to 1820, very little is known about historic developments in the Coachella Valley. In the early 1850s, the Maricopa-Bradshaw route was established to serve the mining camps developing near La Paz, Arizona (von Till Warren et al. 1981:85). The Maricopa-Bradshaw route paralleled the old Cocomaricopa Trail, an Indian trail that began east of Blythe and roughly followed the present route of Interstate 10 across the Chuckwalla Valley, traversing the Mecca - Indio area and Coachella Valley to the San Gorgonio Pass. During this time, the U.S.

Government was strongly promoting the establishment of a railroad route to connect the east and west coasts; however, it was not until 1877 that the Southern Pacific Railroad transected the western Colorado Desert. This railroad route connected the San Gorgonio Pass to the town of Yuma, Arizona via the eastern shore of the Salton Sea. In 1876, Southern Pacific established a railroad station at a remote desert location and named it after the nearby Indian wells. Within 3 years, the name was changed to Indio, the Spanish word for Indian (Gudde 1998:177).

Management of the desert lands was largely the responsibility of the General Land Office, and later the Department of Agriculture Grazing Administration. Until the passage of the Taylor Grazing Act of 1934, however, no control was exercised over the California desert lands. Due to the extremely arid nature of the California deserts, this act had virtually no impact on the region.

The first legitimate attempts at range management in the Colorado desert did not occur until 1946 when responsibility for managing the desert was transferred to the Bureau of Land Management (BLM). Since that time, the BLM also has been engaged in evaluating lands for their "uses," and classifying them for different types of management (von Till Warren et al. 1981:95).

The paucity of water in many areas of the Colorado Desert discouraged farming, and agricultural development only flourished when water could be imported in significant quantities.

Because of the relatively high water table in the Coachella Valley, however, the agricultural industry began to develop prior to the importation of water by means of drilling artesian wells.

Beginning in the first decade of the twentieth century, Coachella Valley farmers planted extensive date, fig, and grape acreage. Towns that developed with the agricultural growth include Thermal, Mecca, Indio, and Coachella. Because of the extensive farming efforts, the water table in the Coachella Valley was seriously depleted, stimulating the formation of the Coachella Valley Water District (CVWD) to promote conservation and replenish the groundwater basin.

Vista X-01111
9 4.0 CULTURAL RESOURCES INVENTORY
PaleoWest completed a literature review and records search at the EIC, housed at the University of California, Riverside, on November 24, 2021. This inventory effort included the Project area and a one -mile radius around the Project area, collectively termed the Project study area. The objective of this records search was to identify prehistoric or historical cultural resources previously recorded within the study area during prior cultural resource investigations.

As part of the cultural resources inventory, PaleoWest staff also examined historical maps and aerial images to characterize the developmental history of the Project study area and vicinity. A summary of the results of the record search and background research are provided below.

4.1 PREVIOUS CULTURAL RESOURCES INVESTIGATIONS
The records search results indicate that no fewer than 11 previous cultural resource investigations have been completed within the Project study area since 1973 (Table 4-1). None of these studies include or intersect the Project area. As a result, it does not appear that any of the Project area has been previously inventoried for cultural resources.

Table 4-1. Previous Cultural Investigations within the Project Study Area Report No.

Year
Author(s)
Title
RI-00115
1973
Philip J. Wilke
The Springs Country Club: Expected Impact on Archaeological Resources
RI-00464
1978
Nancy A. Whitney-
Archaeological Survey Report on a 160-Acre Parcel Located in the Desautels
Rancho Mirage Area of the County of Riverside
RI-01122
1981
Christopher E. Drover
Environmental Impact Evaluation: Archaeological Assessment of the Proposed Extension of the Monterey and 34th Avenues near Thousand Palms, California
RI-03862
1995
Love, Bruce
Negative Archaeological Survey Report: Frank Sinatra Drive Improvements, Between Morningside Dr/Thompson Rd and Bob Hope Dr, City of Rancho Mirage, Riverside County, California RI-04365
2000
Duke, Curt
Letter Report: Cultural Resource Assessment for the AT&T Wireless Services Facility Number C564.1, County of Riverside, California
RI-04523
2000
Duke, Curt
Letter Report; Cultural Resource Assessment for AT&T Wireless Services Facility Number C564-2, County of Riverside, California RI-07217
2002
Curt Duke
Cultural Resource Assessment: AT&T Wireless Services Facility No.

C564B Riverside County, California
RI-08263
2009
Carla Allred
Letter Report: Proposed Cellular Tower Project(s) in Riverside County, California, Site Number(s)/ Name(s): LA-3630A/ Tower Cc CO CA2528 Blue Eyes TCNS# 53109
RI-09210
2013
Robert J. Wlodarski
A Record Search for the Proposed AT&T Wireless
Telecommunications Site LAC564 (Hope/ Sinatra) located at 38005 Vista Del Sol, Rancho Mirage, Riverside County, California 92270 Vista X-0111t
9 Report No.

Year
Author(s)
Title
RI-10248
2017
Curt Duke
Historic Property Survey Report Rancho Mirage Resignalization Project Highway 111/Bob Hope Drive/Country Club Drive
RI-10249
2017
Nicholas F. Hearth
Archaeological Survey Report Rancho Mirage Resignalization Project Highway 111/Bob Hope Drive/ Country Club Drive

4.2 CULTURAL RESOURCES REPORTED WITHIN ONE MILE

OF THE PROJECT AREA
The records search indicated that one cultural resource was previously documented within the Project study area (Table 4-2). This resource is a historic period site that is situated just outside the southwest corner of the Project area. No cultural resources were previously documented within the Project area.

Table 4-2. Previously Recorded Cultural Resource within the Project Study Area Primary No.

Trinomial
Age
Type
Description
P-33-029012
CA-RIV-012964
Site
Historical
A "jackrabbit homestead" from late 1950 including concrete slab foundation and scattered building debris

4.3 ADDITIONAL SOURCES
Additional sources consulted during the cultural resource literature and data review include the National Register of Historic Places, the Office of Historic Preservation Archaeological Determinations of Eligibility, and the Office of Historic Preservation Built Environment Resources Directory (BERD). There are no listed cultural resources recorded within the Project area or within one- mile of the Project area.

Historical maps consulted include Indio, CA 0 901) 30-minute, Edom, CA (1941) 15-minute, and Cathedral City, CA (1958) 7.5-minute USGS quadrangles. Historical aerial images from NETROnline dated 1972, 1996, and 2002 were also reviewed. Aerial imagery indicates that in 1972 the Project area was largely undeveloped except for a small structure in the northwest corner of the property. This small structure is likely a "jackrabbit homestead" built by Charles A.

Bracht in the mid-1950s (BLM 2021). A "jackrabbit homestead" is a small structure or dwelling constructed on land purchased from the U.S. government through the Small Tract Act of 1938 in order to file a patent. By 1996 this small structure is no longer extant and there appears to be no remaining evidence of the structure visible in aerial imagery. The USGS topo quads illustrate a small structure in the northwest corner of the property as early as 1958 as well as several other small structures in the immediate surrounding area. In 1996 a dirt road that follows the alignment of Vista Del Sol, immediately adjacent to the Project area, appears in the aerial imagery and by 2002 the road appears to have been paved.

The Project area lacks many of the natural resources (e.g., water) that were exploited by prehistoric inhabitants of the region. No drainages or other hydrological features are present near the Project area. The area is situated well above the high water stand of Lake Cahuilla, which was located approximately 8 to 9 km to the southeast at an elevation of 40 feet amsl. No Vista Dej �—o
l P,ro2 �5

mesquite or other dense vegetation was observed in the Project area in any historic aerial images (UCSB 1939); however, the native soils are known to support mesquite (Soil Survey Staff 2021). A review of GLO plat maps (1856, 1914) indicate the presence of drainages and trails to the southwest but no cultural or natural features in the area.

Today, the Project study area is mostly urbanized with a few remaining discontiguous undeveloped parcels where the original landform surface may still be observed. The area originally consisted of a series of longitudinal dunes oriented northwest -southeast (UCSB 1939, 1953) and partially stabilized by vegetation (likely creosote bush and mesquite). An alluvial fan extends into the valley to the southwest at the mouth of Magnesia Spring Canyon and associated deposits extended beneath the dunes. The Whitewater River, which captures all runoff from the nearby mountains, cuts into both the dune and underlying fan deposits and flows to the southeast about 2.1 km southwest of the Project area. Drainage cuts are incised into the fan and dunes along the river floodplain and mesquite clusters were present in the area (UCSB 1939). Dunes were formed in the late Pleistocene through the Holocene from eolian sands originating at Lake Cahuilla, which blew northwest into the valley (Lancaster et al. 2012).

Most prehistoric settlement activity, including habitation and cemetery sites, in this part of the valley are most often associated with the high shoreline of Lake Cahuilla to the southeast or near the margins of the valley near the foothills and slopes where spring water and other viable natural resources are available. Site density drops significantly in the valley center northwest of the shoreline. The village of Kavanish is the closet known ethnographic habitation and is approximately 8.5 km southwest of the Project area (Bean 1978). Most other villages are found farther south or near the base of the mountains by Palm Springs. A stone circle site with 85 rock cairns was documented approximately 3 km southwest of the Project area along the foot of the mountains on the Magnesia Spring Canyon alluvial fan and low density of artifact scatters was noted along the Whitewater River 3 to 8 km to the southeast (Mirro 2012). EIC data show only isolated artifacts and small prehistoric artifacts scatters farther out in the valley to north.

Considering the available data, it appears that the Project area has a low sensitivity for Late Prehistoric and/or ethnohistoric archaeological sites. However, considering the age of the sand dunes, the possibility that older buried archaeological resources may be encountered cannot be entirely ruled out. Furthermore, the presence of the formerly extant "jackrabbit homestead" in the Project area as well as the in the immediate surrounding area suggests a moderate to high sensitivity for encountering mid-century historic period buried artifact and/or feature deposits.

4.4 NATIVE AMERICAN COORDINATION
PaleoWest contacted the Native American Heritage Commission (NAHC) on September 9, 2021, for a review of the SLF. The objective of the SLF search was to determine if the NAHC had any knowledge of Native American cultural resources (e.g., traditional use or gathering area, place of religious or sacred activity, etc.) within the immediate vicinity of the Project area.

The NAHC responded on October 12, 2021, stating that the SLF was completed with negative results. The NAHC suggested that 18 individuals representing 12 Native American tribal groups be contacted to elicit information regarding cultural resource issues related to the proposed Project (Appendix A). PaleoWest sent outreach letters to the 12 recommended tribal groups on December 7, 2021. These letters will be followed up by phone calls on December 22, 2021.

To date four responses have been received. The Quechan Historic Preservation Department sent an email indicating the Tribe does not wish to comment on the Project, stating they defer Vista Del Sol �ojg,�t 116

to more local tribes. Ms. Victoria Martin, Tribal Secretary for the Augustine Band of Cahuilla Indians, stated that the Tribe is unaware of any specific cultural resources within he Project area; however, if any should be encountered during the development of the Project, the Tribe requests to be contacted immediately for further evaluation. Mr. BobbyRay Esparza, Cultural Director for the Cahuilla Band of Indians, requested a copy of all the cultural materials associated with the Project for tribal review. Mr. Joseph Ontiveros, Cultural Resources Department for the Soboba Band of Luiseno Indians, indicated that the Tribe will defer to the Torres -Martinez Desert Cahuilla Indians, Agua Caliente Band of Cahuilla Indians, and Cabazon Band of Mission Indians.

Vista X-0
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5.0 FIELD INVESTIGATION

5.1 FIELD METHODS
A cultural resources survey of the Project area was completed by PaleoWest Archaeologist Alexis Francois on December 7, 2021. The fieldwork effort included an intensive pedestrian survey of the entire Project area, totaling approximately 10 acres. The intensive pedestrian survey was conducted by walking a series of parallel transects spaced at 10- to 15-m (33- to 49- ft) intervals. The archaeologist carefully inspected all areas within the Project area likely to contain or exhibit sensitive cultural resources to ensure discovery and documentation of any visible, potentially significant cultural resources within the Project area.

Prehistoric site indicators may include areas of darker soil with concentrations of ash, charcoal, bits of animal bone (burned or unburned), shell, flaked stone, ground stone, or even human bone. Historical site indicators may include fence lines, ditches, standing buildings, objects or structures such as sheds, or concentrations of materials at least 45 years in age, such as domestic refuse (e.g., glass bottles, ceramics, toys, buttons or leather shoes), refuse from other pursuits such as agriculture (e.g., metal tanks, farm machinery parts, horse shoes) or structural materials (e.g., nails, glass window panes, corrugated metal, wood posts or planks, metal pipes and fittings, railroad spurs, etc.).

5.2 FIELD RESULTS
The Project area is comprised of low-lying sand dunes and has an uphill southernly aspect with a 5%-10% slope (Figure 5-1 and 5-2). The soils are fine- to medium -grained eolian sands that are very light -tan in color made of quartz and granitic material. Vegetation within the Project area is a sparse Creosote Bush Scrub with creosote bush (Larrea tridentate), teddy bear cholla (Cylindropuntia bigelovii), cheesebush (Ambrosia salsola), white bursage (Ambrosia dumosa), fourwing saltbush (Atriplex canescens), and other herbaceous plants and grasses. Ground visibility in Project area is good to excellent (70-80%). Modern trash was noted throughout the Project area with larger concentrations along the western and eastern margins of the boundary near proximity the road and private property line.

No evidence of the "jackrabbit homestead" built by Charles A. Bracht in the northwest corner of the Project area was identified. An approximately 16.5 x 23 feet concrete pad or foundation of unknown age was noted in the southwest corner of the Project area (Figure 5-3). The foundation may have been associated with a "jackrabbit homestead" built by Daniel Martin Callahan after he purchased five acres of land in 1961 under the Small Tract Act of 1938; however, a building or foundation is not visible at this location in the 1972 historic aerial (BLM 2021). The extant foundation is first discernable in the 1996 aerial (Google Earth 2021). This foundation is adjacent to the previously recorded "jackrabbit homestead" (33-012964) identified outside the Project area. There is no indication that these two structures were present at the same time or were associated with one another.

No prehistoric or historic (i.e., 45 years or older) archaeological resources were identified on the surface of the Project area during the survey effort. In addition, no built -environment resources were identified during the survey.

Vista X-0
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7 Figure 5-1. Overview of the Project area, facing northeast. a 6
Figure 5-2. Overview of the Project area, facing north.

Vista Del
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Figure 5-3.Overview of the concrete pad, facing east.

Vista D4-i2l�
lSol

6.0 MANAGEMENT RECOMMENDATIONS
As a result of the cultural resource records search and survey, no prehistoric or historic (i.e., 45 years or older) archaeological, or built -environment resources were identified in the Project area. A concrete pad of unknown age was noted within the southeast corner of the Project area; this pad does not appear on historic aerial imagery until 1996. Additionally, historic aerial images illustrate a small "jackrabbit homestead" structure in the northeast corner of the Project area; however, there was no evidence of the structure within the Project area during the survey. Considering the available data, it appears that the Project area has a low sensitivity for Late Prehistoric and/or ethnohistoric archaeological sites. However, considering the age of the sand dunes, the possibility that older buried archaeological resources may be encountered at deeper depths does exist. Furthermore, the presence of two potential "jackrabbit homesteads" in the Project area suggests a moderate to high sensitivity for encountering mid-century historic buried artifact and/or feature deposits. As such, PaleoWest recommends archaeological monitoring at the onset of ground disturbance to determine if continued monitoring is warranted.

In the event that potentially significant cultural materials are encountered during Project -related ground -disturbing activities, all work should be halted in the vicinity of the discovery until a qualified archaeologist can visit the site of discovery and assess the significance of the archaeological resource. In addition, Health and Safety Code 7050.5, CEQA 15064.5(e), and Public Resources Code 5097.98 mandate the process to be followed in the unlikely event of an accidental discovery of any human remains in a location other than a dedicated cemetery.

Finally, should additional actions be proposed outside the currently defined Project area that have the potential for additional subsurface disturbance, further cultural resource management may be required.

Vista Del,Sol P�;pjN

7.0 REFERENCES
Bean, Lowell J.
1978 Cahuilla. In Handbook ofNorthAmerican Indians, Vol. 8(Californ1a), edited by R.F.

Heizer, pp. 575-587. William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C.

Bean, L. J., and K. S. Saubel
1972 TEMALPAKH, Cahuilla Indian Knowledge and Usage of Plants. Malki Museum Press, Banning, CA.

Bureau of Land Management (BLM)
2021 General Land Office records for Township 5 South, Range 6 East, Section 6 (N1/2 NE1/4 NW1/4SE1/4). Accessed December 2021 at
https://glorecords.blm.gov/details/patent/default.aspx?accession=1 164539&docCla ss=SER&sid=ntfkkrtc.wpj.

California Governor's Office of Planning and Research
2015 CEQA: California Environmental QualityAct, Statutes and Guidelines. State of California, Sacramento, California.

City of Rancho Mirage
2017 City of Rancho Mirage General Plan. Chapter 12 Arts and Culture. https://1 elrsd35mlri2z7zmm3gkz2t-wpengine.netdna-ssl.com/w - content/uploads/2019/01/Chapter 12 Arts and Culture.pdf Accessed December 2021.
2021 Rancho Mirage Register of Historic Places. https://1elrsd35mlri2z7zmm3gkz2t- wpengine.netdna-ssl.com/wp-content/uploads/2021 /02/Designated-Prop-on-RM- Local-Reg-of-HP-2021-1.pdf Accessed December 2021.

Cleland, James H.
1998 From Paleo-Indian to Protohistoric: The Chronology if Human Occupation of the Salton Sea Test Base. KEA Environmental, Inc. Proceedings of the Society for California Archaeology, Volume 12, pp. 10-14.

Cultural Systems Research, Inc. (CSRI)
1986 Cultural Resources Testing and Data Recovery, Tahquitz Canyon Project Research Design. Cultural Systems Research, Inc., Menlo Park, California.

Graumlich, L. J.
1993 A 1000-year Record of Temperature and Precipitation in the Sierra Nevada.

Quaternary Research 39(2):249-255.

Gudde, Erwin G
1998 California Place Names. 41' ed., revised and enlarged by William Bright. University of California Press, Berkeley and Los Angeles, California.

Vista D4-2J�lSol P�;pj

Laflin, Patricia B.
2001 [19981 Coachella Valley California: A Pictorial History. 2nd printing. The Donning Company Publishers, Virginia Beach.

Lancaster, J.T., Cheryl A Hayhurst, Trinada Bedrossian. 2012 Geologic Map of Quaternary Surficial Deposits in Southern California, Palm Springs 30' x 60' Quadrangle. CGS Special Report 217, Plate 24, California Geologic Survey.

Laylander, Don
1994 Phase 111 Data Recovery at the Elmore Site (CA-IMP-6427), Imperial County, California, II-IMP-86, P.M. 33 6143 2, 11221-100710. Submitted to Caltrans District 11, San Diego.

Mirro, Michael
2012 Archaeological Sensitivity Model for the Whitewater River Stormwater Channel, Riverside County, California. Prepared by Applied EarthWorks, Hemet, CA.

NETROnline
2020 Historic Aerials 1972, 1996, 2002. https://www.historicaerials.com/viewer .

Schaefer, Jerry
1986 Late Prehistoric Adaptations during the Final Recessions of Lake Cahullla: Fish Camps and Quarries on West Mesa, Imperial County, California. Mooney -Levine and Associates. Submitted to the Bureau of Land Management, Department of the Interior, El Centro, California.
1994 The Challenge of Archaeological Research in the Colorado River: Recent Approaches and Discoveries. Journal of California and Great Basin Anthropology 16 (1):60-80.
1995 Prehistoric Cultural Setting. In Archaeological, Ethnographic, and Ethnohistoric Investigations at Tahquitz Canyon Palm Springs, California, Volume 1A of 4:

Management Summary, Forward, Introduction, Environmental Setting, Prehistoric Cultural Setting, Research Orientation, ethnography. Cultural Systems Research, Inc., Menlo Park, California. Submitted to the Riverside County Flood Control and Conservation District, Riverside, California.

Soil Survey Staff
2021 Myoma Series. Official Soil Series Description, Natural Resources Conservation Service, US Department of Agriculture
https://soilseries.sc.egov.usda.gov/OSD— Docs/M/MYOMA.html. Accessed December 2021.

Spaulding, W. Geoffrey
2001 The Paleoenvironmental Context of the Study Area. In Applied Earthwork's Metropolitan Water District of Southern California Eastslde Reservoir Project, Final Report of Archaeological Investigations, Volume IV.- Prehistoric Archaeology Vista Del,Sol P�je,�t 9

Synthesis of Findings, S. K. Goldberg (ed.). Report on file, Eastern information Center, University of California, Riverside.

Stine, Scott
1994 Extreme and Persistent Drought in California and Patagonia during Mediaeval Time. Nature 369:546-549.
von Till Warren, E., R. H. Crabtree, C. N. Warren, M. Knack, and R. McCarty 1981 A Cultural Resources Overview of the Colorado Desert Planning Units. U.S.

Department of the Interior, Bureau of Land Management, California Desert District, Riverside.

UCSB
1939 Fairchild Aerial Surveys, Flight C-5582, Frame 1, flown January 13, 1939, Scale 1:14,400. Downloaded from
https://mil . library.ucsb.edu/apcatalog/report/report.php?filed by=C-5582. Accessed 2021-12.
1953 Pacific Air Industries, Flight AXM-1953B, Frame 3K-38, flown January 1, 1953, Scale 1:20,000. Downloaded from
https://mil . library.ucsb.edu/apcatalog/report/report.php?filed by=AXM-1953B.

Accessed 2021-12.

U.S. Geological Survey (USGS)
1901 Indio, CA. 30-minute (1:125,000 scale) topographic quadrangle. 1941 Edom, CA. 15-minute (1:62,500 scale) topographic quadrangle. 1958 Cathedral City, CA. 7.5-minute (1:24,000 scale) topographic quadrangle.

Waters, M. R.
1982 The Lowland Patayan Ceramic Tradition. In Hohokan Patayan: Prehistory of Southwestern Arizona, R. H. McGuire and M. B. Schiffer, editors. Pp. 275-298.

Academic Press, New York.
1983 Late Holocene Lacustrine Chronology and Archaeology of Ancient Lake Cahuilla, California. Quaternary Research 19: 373-387.

Wilke, Phillip J.
1976 Late Prehistoric Human Ecology at Lake Cahuilla, Coachella Valley, California.

Unpublished Ph.D. dissertation, Department of Anthropology, University of California, Riverside.

Vista D4-929
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Appendix A.

Native American Coordination
4-330

CHAIRPERSON
Laura Miranda
Luiseno

VICE CHAIRPERSON
Reginald Pagaling
Chumash

SECRETARY
Merri Lopez -Keifer
Luiseno

PARLIAMENTARIAN
Russell Attebery
Karuk

COMMISSIONER
William Mungary
Paiute/White Mountain
Apache

COMMISSIONER
Julie Tumamait-
Stenslie
Chumash

COMMISSIONER
[Vacant]

COMMISSIONER
[Vacant]

COMMISSIONER
[Vacant]

EXECUTIVE SECRETARY
Christina Snider
Porno

NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov

NATIVE AMERICAN HERITAGE COMMISSION
October 12, 2021
Roberta Thomas
PaleoWest Archaeology
Via Email to: [email protected]
Re: Vista Del Sol Phase I Project, Riverside County
Dear Ms. Thomas:

A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF 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.

Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.

If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.

If you have any questions or need additional information, please contact me at my email address: [email protected].

Sincerely,
r
Andrew Green
Cultural Resources Analyst
Attachment

Page 1 of 1 ends

4-331

Native American Heritage Commission
Native American Contact List
Riverside County
10/12/2021
Agua Caliente Band of Cahuilla
Los Coyotes Band of Cahuilla
Indians
and Cupeno Indians
Patricia Garcia -Plotkin, Director
Ray Chapparosa, Chairperson
5401 Dinah Shore Drive
Cahuilla
P.O. Box 189
Cahuilla
Palm Springs, CA, 92264
Warner Springs, CA, 92086-0189
Phone: (760) 699 - 6907
Phone: (760) 782 - 0711
Fax: (760) 699-6924
Fax: (760) 782-0712
[email protected]
Agua Caliente Band of Cahuilla
Morongo Band of Mission
Indians
Indians
Jeff Grubbe, Chairperson
Robert Martin, Chairperson
5401 Dinah Shore Drive
Cahuilla
12700 Pumarra Road
Cahuilla
Palm Springs, CA, 92264
Banning, CA, 92220
Serrano
Phone: (760) 699 - 6800
Phone: (951) 755 - 5110
Fax: (760) 699-6919
Fax: (951) 755-5177
[email protected]
Augustine Band of Cahuilla
Morongo Band of Mission
Mission Indians
Indians
Amanda Vance, Chairperson
Ann Brierty, THPO
P.O. Box 846
Cahuilla
12700 Pumarra Road
Cahuilla
Coachella, CA, 92236
Banning, CA, 92220
Serrano
Phone: (760) 398 - 4722
Phone: (951) 755 - 5259
Fax: (760) 369-7161
Fax: (951) 572-6004
[email protected]
[email protected]
Cabazon Band of Mission
Quechan Tribe of the Fort Yuma
Indians
Reservation
Doug Welmas, Chairperson
Manfred Scott, Acting Chairman
84-245 Indio Springs Parkway
Cahuilla
Kw'ts'an Cultural Committee
Indio, CA, 92203
P.O. Box 1899
Quechan
Phone: (760) 342 - 2593
Yuma, AZ, 85366
Fax: (760) 347-7880
Phone: (928) 750 - 2516
[email protected]
[email protected]
Cahuilla Band of Indians
Quechan Tribe of the Fort Yuma
Daniel Salgado, Chairperson
Reservation
52701 U.S. Highway 371
Cahuilla
Jill McCormick, Historic
Anza, CA, 92539
Preservation Officer
Phone: (951) 763 - 5549
P.O. Box 1899
Quechan
Fax: (951) 763-2808
Yuma, AZ, 85366
[email protected]
Phone: (760) 572 - 2423
historicpreservation@quechantrib
e.com
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Vista Del Sol Phase I Project, Riverside County.

PRO]-2021- 10/12/2021 01:13 PM 1 012
005120 4 - 3 3 2

Native American Heritage Commission
Native American Contact List
Riverside County
10/12/2021
Ramona Band of Cahuilla
Torres -Martinez Desert Cahuilla
John Gomez, Environmental
Indians
Coordinator
Michael Mirelez, Cultural
P. O. Box 391670
Cahuilla
Resource Coordinator
Anza, CA, 92539
P.O. Box 1160 Cahuilla
Phone: (951) 763 - 4105
Thermal, CA, 92274
Fax: (951) 763-4325
Phone: (760) 399 - 0022
[email protected]
Fax: (760) 397-8146
[email protected]
Ramona Band of Cahuilla
Joseph Hamilton, Chairperson
Twenty -Nine Palms Band of
P.O. Box 391670
Cahuilla
Mission Indians
Anza, CA, 92539
Anthony Madrigal, Tribal Historic
Phone: (951) 763 - 4105
Preservation Officer
Fax: (951) 763-4325
46-200 Harrison Place Chemehuevi
[email protected]
Coachella, CA, 92236
Phone: (760) 775 - 3259
Santa Rosa Band of Cahuilla
[email protected]
Indians
Lovina Redner, Tribal Chair
Twenty -Nine Palms Band of
P.O. Box 391820
Cahuilla
Mission Indians
Anza, CA, 92539
Darrell Mike, Chairperson
Phone: (951) 659 - 2700
46-200 Harrison Place Chemehuevi
Fax: (951) 659-2228
Coachella, CA, 92236
[email protected]
Phone: (760) 863 - 2444
Fax: (760) 863-2449
Soboba Band of Luiseno
29chairman@29palmsbomi-
Indians
nsn.gov
Isaiah Vivanco, Chairperson
P. O. Box 487
Cahuilla
San Jacinto, CA, 92581
Luiseno
Phone: (951) 654 - 5544
Fax: (951) 654-4198
[email protected]
Soboba Band of Luiseno
Indians
Joseph Ontiveros, Cultural
Resource Department
P.O. BOX 487 Cahuilla
San Jacinto, CA, 92581 Luiseno
Phone: (951) 663 - 5279
Fax: (951) 654-4198
[email protected]
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.

This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Vista Del Sol Phase I Project, Riverside County.

PRO]-2021- 10/12/2021 01:13 PM 2 012
005120 4 - 3 3 3

T: 626.408.8006 LOS ANGELES COUNTY
PALEOWEST [email protected] 517 S. Ivy Avenue
Monrovia, CA 91016
December 7, 2021
Ann Brierty, THPO
Morongo Band of Mission Indians
12700 Pumarra Road
Banning, CA 92220
Transmitted via email to [email protected]
RE: Cultural Resource Investigation for the Vista Del Sol Residential Development Project in the City of Rancho Mirage, Riverside County, California
Dear Ms. Brierty,
On behalf of the Altum Group, PaleoWest, LLC (PaleoWest) is conducting a cu al resource investigation in compliance with the California Environmental Quality Act for t e ista Del Sol Residential Development Project (Project) in the city of Rancho Mirage, Riverside County, California.

The proposed Project consists of development of up to nine single family homes on two existing parcels (APNs 685-280-002 and -003) totaling approximately 10 acres in size. The Project area is located on the Cathedral City, Calif. 7.5' US rangle map, within Section 6 in T5S/R6E (see attached map).

A literature review and records sea*for the ject area was conducted at the Eastern Information Center. The records search indicated that no cultural resources have been recorded within or immediately adjacent to the Project area. PaleoWest conducted an intensive pedestrian survey of the Project area on December 7, 2021. During the survey, PaleoWest did not identify any archaeological resources or built -environment resources within the Project area. One concrete slab of indeterminate age was identified in the southwestern corner of the Project area.

As part of the cultural resource investigation of the Project area, PaleoWest requested a search of the Native American Heritage Commission's (NAHC's) Sacred Lands File on September 9, 2021. The NAHC responded on October 12, 2021 indicating that no Native American cultural resources have been identified within the immediate vicinity of the Project area. However, should your records show that cultural properties exist within or near the Project area (see enclosed map), please contact me at (918) 232-4312 or [email protected]. I will follow-up with a phone call or email if I do not hear from you.

Your comments are very important to us, and to the successful completion of this Project. I look forward to hearing from you in the near future. Thank you, in advance, for taking the time to review this request.

Sincerely,
KOVI+7i, onuv�
Roberta Thomas, M.A., RPA
Senior Archaeologist
PaleoWest �- "Wh"W%Pj',-

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4-3 37

AUGUSTINE BAND OF CAHUILLA INDIANS
PO Box 846 84-481 Avenue 54 Coachella CA 92236
Telephone: (760) 398-4722
Fax (760) 369-7161
Tribal Chairperson: Amanda Vance
Tribal Vice -Chairperson: William Vance
Tribal Secretary: Victoria Martin
Date: December 8, 2021
RE: Cultural Resource Investigation for the Vista Del Sol Residential Development Project in the City of Rancho Mirage, Riverside County, California Dear: Roberta Thomas
Tribal Consultation Manager
Thank you for the opportunity to offer input concerning the development of the above - identified project. We appreciate your sensitivity to the cultural resources that may be impacted by your project and the importance of these cultural resources to the Native American peoples that have occupied the land surrounding the area of your project for thousands of years.

Unfortunately, increased development and lack of sensitivity to cultural resources have resulted in many significant cultural resources being destroyed or substantially altered and impacted.

Your invitation to consult on this project is greatly appreciated.

At this time, we are unaware of specific cultural resources that may be affected by the proposed project, however, in the event, you should discover any cultural resources during the development of this project please contact our office immediately for further evaluation.

Very truly yours,
Victoria Martin, Tribal Secretary
Augustine Band of Cahuilla Indians
4-338

Roberta Thomas
From: BobbyRay Esparza
Sent: Wednesday, December 8, 2021 1:50 PM
To: Roberta Thomas
Cc: anthony madrigal
Subject: Re: Vista Del Sol Project (21-0695)
Hello Robbie,
The Cahuilla Band of Indians received and reviewed the project letter regarding the above project. We would like to request all cultural materials associated with the project for review.

Respectfully,
BobbyRay Esparza
Cultural Director
Cahuilla Band of Indians
Cell: (760) 423-2773
Office: (951) 763-5549
Fax: (951) 763-2808
"NOTICE: This communication may contain information that is proprietary, privileged, confidential, or otherwise legally exempt from disclosure. It is intended exclusively for the use of the individual or entity to which it is addressed. If you are not the intended recipient, you are not authorized to read, print, retain, copy, or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message."
From: Daniel Salgado
Sent: Tuesday, December 7, 2021 5:26 PM
To: Anthony Madrigal Sr ; BobbyRay Esparza
Subject: Fwd: Vista Del Sol Project (21-0695)
Daniel Salgado
Tribal Council Chairman
Cahuilla Band of Indians
From: Roberta Thomas
Sent: Tuesday, December 7, 20214:40:40 PM
To: Daniel Salgado
Subject: Vista Del Sol Project (21-0695)
Please find the attached letter and accompanying map for the Vista Del Sol Project in Riverside County.

Best,
Robbie
4-339

�PALEOWEST
Roberta Thomas I Senior Archaeologist
PaleoWest
rthomasCcDpaleowest.com
918.232.4312
www.paleowest.com
Los Angeles County Office
517 S. Ivy Avenue
Monrovia, CA, 91016
4-340

Roberta Thomas
From: Quechan Historic Preservation Officer
Sent: Monday, December 13, 2021 9:15 AM
To: Roberta Thomas
Subject: RE: Vista Del Sol Project (21-0695)
This email is to inform you that we have no comments on this project. We defer to the more local Tribes and support their decisions on the projects.

From: Quechan Historic Preservation [ ma i Ito: h istoricpreservation @q uecha ntri be.com] Sent: Monday, December 13, 2021 10:15 AM
To: [email protected]
Subject: FW: Vista Del Sol Project (21-0695)
From: Roberta Thomas [ mailto:[email protected]]
Sent: Tuesday, December 7, 2021 5:41 PM
To: [email protected]
Subject: Vista Del Sol Project (21-0695)
Please find the attached letter and accompanying map for the Vista Del Sol Project in Riverside County.

Best,
Robbie
__ 0PALEQWEST
Roberta Thomas I Senior Archaeologist
PaleoWest
rthomasCa)paleowest.com
918.232.4312
www.paleowest.com
Los Angeles County Office
517 S. Ivy Avenue
Monrovia, CA, 91016
0 Virus -free. www.avast.com
4-341

Appendix D
Noise Impact Study
4-342

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA
Prepared for:

Thomas Strand
The Altum Group
72140 Magnesia Falls, Suite 1
Rancho Mirage, CA 92270
Prepared by:

MD Acoustics, LLC
Francisco Irarrazabal & Robert Pearson
1197 Los Angeles Ave, Ste C-256
Simi Valley, CA 93065
Date: 10/6/2021

ACOUSTICS
Sound Solutions for Planning and Design
Noise Study Reports I Vibration Studies I Air Quality I Greenhouse Gas I Health Risk Assessments

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Table of Contents

TABLE OF CONTENTS

1.0 Introduction................................................................................................................................... 1

1.1 Purpose of Analysis and Study Objectives
1 1.2 Site Location and Study Area
1 1.3 Proposed Project Description
1 2.0
Fundamentals of Noise.................................................................................................................. 4

2.1 Sound, Noise and Acoustics
4 2.2 Frequency and Hertz
4 2.3 Sound Pressure Levels and Decibels
4 2.4 Addition of Decibels
4 2.5 Human Response to Changes in Noise Levels
5 2.6 Noise Descriptors
5 2.7 Traffic Noise Prediction
6 2.8 Sound Propagation
7 3.0
Ground -Borne Vibration Fundamentals........................................................................................ 8

3.1 Vibration Descriptors
8 3.2 Vibration Perception
8 3.3 Vibration Perception
8 4.0
Regulatory Setting....................................................................................................................... 10 4.1 Federal Regulations
10 4.2 State Regulations
10 4.3 City of Rancho Mirage Noise Regulations
11 5.0
Study Method and Procedure..................................................................................................... 15 5.1 Noise Measurement Procedure and Criteria
15 5.2 Noise Measurement Locations
15 5.3 FHWA Traffic Noise Prediction Model
15 5.4 FHWA Roadway Construction Noise Model
17 6.0 Existing Noise Environment......................................................................................................... 19

6.1 Short -Term Noise Measurement Results 19

7.0 Future Noise Environment Impacts and Mitigation.................................................................... 20

7.1 Future Exterior Noise 20

7.1.1 Noise Impacts to Off -Site Receptors Due to Project Generated Traffic 20

7.1.2 Noise Impacts to On -Site Receptors Due to Traffic 20

7.1.3 Noise Impacts to Off -Site Receptors Due to Operational Traffic 21

7.2 Summary of Recommendations 21

8.0 Construction Noise Impact.......................................................................................................... 22

8.1 Construction Noise 22

8.2 Construction Vibration 23
MD Acoustics, LLC ii
JN:07412134_Report 4 344

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Table of Contents

8.3 Construction Noise Reduction Measures 24

9.0 References...................................................................................................................................25 MD Acoustics, LLC iii
JN: 07412134_Report 4 34 5

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Table of Contents

LIST OF APPENDICES
Appendix A: Field Measurement Data.................................................................................................. 1 Appendix B: Traffic FHWA Worksheets................................................................................................. 2 Appendix C: Construction Noise Modeling Output............................................................................... 3

LIST OF EXHIBITS
ExhibitA: Location Map.................................................................................................................... 2 ExhibitB: Site Plan............................................................................................................................ 3 Exhibit C: Typical A -Weighted Noise Levels...................................................................................... 4 Exhibit D: Land Use Compatibility Guidelines................................................................................. 11 Exhibit E: Measurement Locations................................................................................................. 18

LIST OF TABLES
Table 1: Allowable Exterior Noise Level (Table A-1)................................................................................ 13 Table 2: Allowable Exterior Noise Level Adjustment (Table B-1)............................................................ 13 Table 3: Roadway Parameters and Vehicle Distribution......................................................................... 16 Table 4: Short -Term Nosie Measurement Data (dBA)1........................................................................... 19 Table 5: Existing Scenario - Noise Levels Along Roadways (dBA CNEL)................................................... 21 Table 6: Typical Construction Noise Levels' ............................................................................................ 22 Table 7: Guideline Vibration Damage Potential Threshold Criteria........................................................ 23 Table 8: Vibration Source Levels for Construction Equipment'.............................................................. 24 MD Acoustics, LLC iv
JN: 07412134_Report
4-346

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Introduction

1.0 Introduction

1.1 Purpose of Analysis and Study Objectives
This noise assessment was prepared to evaluate the potential noise impacts for the project study area and to recommend noise mitigation measures, if necessary, to minimize the potential noise impacts. The assessment was conducted and compared to the noise standards set forth by the Federal, State and Local agencies. Consistent with the City's Noise Guidelines, the project must demonstrate compliance to the applicable noise criterion as outlined within the City's Noise Element and Municipal Code.

The following is provided in this report:
• A description of the study area and the proposed project • Information regarding the fundamentals of noise
• A description of the local noise guidelines and standards • An analysis of traffic noise impacts to and from the project site • An analysis of construction noise impacts

1.2 Site Location and Study Area
The project site is located along Vista del Sol, between Country Club Drive and Frank Sinatra Drive in Rancho Mirage, California, as shown in Exhibit A. The site is currently zoned as residential estate use with vacant residential use to the north, east, and south. Land use category to the west is zoned as institutional with hospital land use type.

1.3 Proposed Project Description
The Project proposes a residential -use development consisting of 9-lots, single-family residential dwelling units, on 10.122 acres. As a worst -case scenario, this assessment assumes the project is built - out in one (1) complete phase. Construction activities within the Project area will consist of on -site grading, building, paving, and architectural coating.

This study assesses both the traffic and short-term stationary noise to and from the project site and compares the results to the applicable City noise limits. The primary source of traffic noise propagates from Vista del Sol. The primary source of short-term stationary noise propagates from construction equipment to be deployed in the area for construction activities. The site plan used for this is illustrated in Exhibit B.
1 4-347

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4-349

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Fundamentals of Noise
4 2.0 Fundamentals of Noise
This section of the report provides basic information about noise and presents some of the terms used within the report.

2.1 Sound, Noise and Acoustics
Sound is a disturbance created by a moving or vibrating source and is capable of being detected by the hearing organs. Sound may be thought of as mechanical energy of a moving object transmitted by pressure waves through a medium to a human ear. For traffic, or stationary noise, the medium of concern is air. Noise is defined as sound that is loud, unpleasant, unexpected, or unwanted.

2.2 Frequency and Hertz
A continuous sound is described by its frequency
(pitch) and its amplitude (loudness). Frequency
relates to the number of pressure oscillations per
second. Low-frequency sounds are low in pitch (bass
sounding) and high-frequency sounds are high in
pitch (squeak). These oscillations per second (cycles)
are commonly referred to as Hertz (Hz). The human
ear can hear from the bass pitch starting out at 20 Hz
all the way to the high pitch of 20,000 Hz.

2.3 Sound Pressure Levels and Decibels
The amplitude of a sound determines it loudness.

The loudness of sound increases or decreases as the
amplitude increases or decreases. Sound pressure
amplitude is measure in units of micro-Newton per
square inch meter (N/m2), also called micro-Pascal
(µPa). One µPa is approximately one hundred
billionths (0.00000000001) of normal atmospheric
pressure. Sound pressure level (SPL or Lp) is used to
describe in logarithmic units the ratio of actual
sound pressures to a reference pressure squared.

These units are called decibels abbreviated dB. Exhibit C illustrates references sound levels for different noise sources.

2.4 Addition of Decibels
Because decibels are on a logarithmic scale, sound pressure levels cannot be added or subtracted by simple plus or minus addition. When two sounds or equal SPL are combined, they will produce an SPL 3 dB greater than the original single SPL. In other words, sound energy must be doubled to produce a 3 dB increase. If two sounds differ by approximately 10 dB, the higher sound level is the predominant sound.

Exhibit C: Typical A-Weighted Noise Levels
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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Fundamentals of Noise
5 2.5 Human Response to Changes in Noise Levels
In general, the healthy human ear is most sensitive to sounds between 1,000 Hz and 5,000 Hz, (A- weighted scale) and it perceives a sound within that range as being more intense than a sound with a higher or lower frequency with the same magnitude. For purposes of this report as well as with most environmental documents, the A-scale weighting is typically reported in terms of A-weighted decibel (dBA). Typically, the human ear can barely perceive the change in noise level of 3 dB. A change in 5 dB is readily perceptible, and a change in 10 dB is perceived as being twice or half as loud. As previously discussed, a doubling of sound energy results in a 3 dB increase in sound, which means that a doubling of sound energy (e.g. doubling the volume of traffic on a highway) would result in a barely perceptible change in sound level.

Changes in Intensity Level,
dBA
Changes in Apparent
Loudness
1 Not perceptible
3 Just perceptible
5 Clearly noticeable
10 Twice (or half) as loud
https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm

2.6 Noise Descriptors
Noise in our daily environment fluctuates over time. Some noise levels occur in regular patterns, others are random. Some noise levels are constant while others are sporadic. Noise descriptors were created to describe the different time-varying noise levels.

A-Weighted Sound Level: The sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear. A numerical method of rating human judgment of loudness.

Ambient Noise Level: The composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

Community Noise Equivalent Level (CNEL): The average equivalent A-weighted sound level during a 24- hour day, obtained after addition of five (5) decibels to sound levels in the evening from 7:00 to 10:00 PM and after addition of ten (10) decibels to sound levels in the night before 7:00 AM and after 10:00 PM.

Decibel (dB): A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micro-pascals. dB(A): A-weighted sound level (see definition above).

Equivalent Sound Level (LEQ): The sound level corresponding to a steady noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level. The energy average noise level during the sample period.
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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Fundamentals of Noise

6 Habitable Room: Any room meeting the requirements of the Uniform Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

L(n): The A-weighted sound level exceeded during a certain percentage of the sample time. For example, L10 in the sound level exceeded 10 percent of the sample time. Similarly L50, L90 and L99, etc.

Noise: Any unwanted sound or sound which is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing, or is otherwise annoying. The State Noise Control Act defines noise as "...excessive undesirable sound...".

Outdoor Living Area: Outdoor spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas, barbecue areas, jacuzzi areas, etc. associated with residential uses; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; outdoor areas associated with places of worship which have a significant role in services or other noise-sensitive activities; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are: front yard areas, driveways, greenbelts, maintenance areas and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and, outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas).

Percent Noise Levels: See L(n).

Sound Level (Noise Level): The weighted sound pressure level obtained by use of a sound level meter having a standard frequency-filter for attenuating part of the sound spectrum.

Sound Level Meter: An instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement and determination of noise and sound levels.

Single Event Noise Exposure Level (SENEL): The dB(A) level which, if it lasted for one second, would produce the same A-weighted sound energy as the actual event.

2.7 Traffic Noise Prediction
Noise levels associated with traffic depends on a variety of factors: (1) volume of traffic, (2) speed of traffic, (3) auto, medium truck (2–3 axle) and heavy truck percentage (4 axle and greater), and sound propagation. The greater the volume of traffic, higher speeds and truck percentages equate to a louder volume in noise. A doubling of the Average Daily Traffic (ADT) along a roadway will increase noise levels by approximately 3 dB; reasons for this are discussed in the sections above. 4-352

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Fundamentals of Noise

7 2.8 Sound Propagation
As sound propagates from a source it spreads geometrically. Sound from a small, localized source (i.e., a point source) radiates uniformly outward as it travels away from the source in a spherical pattern. The sound level attenuates at a rate of 6 dB per doubling of distance. The movement of vehicles down a roadway makes the source of the sound appear to propagate from a line (i.e., line source) rather than a point source. This line source results in the noise propagating from a roadway in a cylindrical spreading versus a spherical spreading that results from a point source. The sound level attenuates for a line source at a rate of 3 dB per doubling of distance.

As noise propagates from the source, it is affected by the ground and atmosphere. Noise models use hard site (reflective surfaces) and soft site (absorptive surfaces) to help calculate predicted noise levels.

Hard site conditions assume no excessive ground absorption between the noise source and the receiver.

Soft site conditions such as grass, soft dirt or landscaping attenuate noise at a rate of 1.5 dB per doubling of distance. When added to the geometric spreading, the excess ground attenuation results in an overall noise attenuation of 4.5 dB per doubling of distance for a line source and 7.5 dB per doubling of distance for a point source.

Research has demonstrated that atmospheric conditions can have a significant effect on noise levels when noise receivers are located 200 feet from a noise source. Wind, temperature, air humidity and turbulence can further impact have far sound can travel.

4-353

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Ground-Borne Vibration Fundamentals 8 3.0 Ground-Borne Vibration Fundamentals

3.1 Vibration Descriptors
Ground-borne vibrations consist of rapidly fluctuating motions within the ground that have an average motion of zero. The effects of ground-borne vibrations typically only cause a nuisance to people, but at extreme vibration levels, damage to buildings may occur. Although ground-borne vibration can be felt outdoors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a building can be notable. Ground-borne noise is an effect of ground-borne vibration and only exists indoors, since it is produced from noise radiated from the motion of the walls and floors of a room and may also consist of the rattling of windows or dishes on shelves.

Several different methods are used to quantify vibration amplitude.

PPV – Known as the peak particle velocity (PPV) which is the maximum instantaneous peak in vibration velocity, typically given in inches per second.

RMS – Known as root mean squared (RMS) can be used to denote vibration amplitude VdB – A commonly used abbreviation to describe the vibration level (VdB) for a vibration source.

3.2 Vibration Perception
Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. These continuous vibrations are not noticeable to humans whose threshold of perception is around 65 VdB.

Outdoor sources that may produce perceptible vibrations are usually caused by construction equipment, steel-wheeled trains, and traffic on rough roads, while smooth roads rarely produce perceptible ground- borne noise or vibration. To counter the effects of ground-borne vibration, the Federal Transit Administration (FTA) has published guidance relative to vibration impacts. According to the FTA, fragile buildings can be exposed to ground-borne vibration levels of 0.3 inches per second without experiencing structural damage.

3.3 Vibration Perception
There are three main types of vibration propagation: surface, compression, and shear waves. Surface waves, or Rayleigh waves, travel along the ground’s surface. These waves carry most of their energy along an expanding circular wave front, similar to ripples produced by throwing a rock into a pool of water. P-waves, or compression waves, are body waves that carry their energy along an expanding spherical wave front. The particle motion in these waves is longitudinal (i.e., in a “push-pull” fashion).

P-waves are analogous to airborne sound waves. S-waves, or shear waves, are also body waves that carry energy along an expanding spherical wave front. However, unlike P-waves, the particle motion is transverse, or side-to-side and perpendicular to the direction of propagation. 4-354

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Ground-Borne Vibration Fundamentals

9 As vibration waves propagate from a source, the vibration energy decreases in a logarithmic nature and the vibration levels typically decrease by 6 VdB per doubling of the distance from the vibration source.

As stated above, this drop-off rate can vary greatly depending on the soil but has been shown to be effective enough for screening purposes, in order to identify potential vibration impacts that may need to be studied through actual field tests.

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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Regulatory Setting

10 4.0 Regulatory Setting
The proposed project is located in the City of Rancho Mirage and noise regulations are addressed through the efforts of various federal, state and local government agencies. The agencies responsible for regulating noise are discussed below.

4.1 Federal Regulations
The adverse impact of noise was officially recognized by the federal government in the Noise Control Act of 1972, which serves three purposes:
• Publicize noise emission standards for interstate commerce • Assist state and local abatement efforts
• Promote noise education and research
The Federal Office of Noise Abatement and Control (ONAC) originally was tasked with implementing the Noise Control Act. However, it was eventually eliminated leaving other federal agencies and committees to develop noise policies and programs. Some examples of these agencies are as follows: The Department of Transportation (DOT) assumed a significant role in noise control through its various agencies. The Federal Aviation Agency (FAA) is responsible to regulate noise from aircraft and airports.

The Federal Highway Administration (FHWA) is responsible to regulate noise from the interstate highway system. The Occupational Safety and Health Administration (OSHA) is responsible for the prohibition of excessive noise exposure to workers.

The federal government advocates that local jurisdiction use their land use regulatory authority to arrange new development in such a way that “noise sensitive” uses are either prohibited from being constructed adjacent to a highway or, or alternatively that the developments are planned and constructed in such a manner that potential noise impacts are minimized.

Since the federal government has preempted the setting of standards for noise levels that can be emitted by the transportation source, the City is restricted to regulating the noise generated by the transportation system through nuisance abatement ordinances and land use planning.

4.2 State Regulations
Established in 1973, the California Department of Health Services Office of Noise Control (ONC) was instrumental in developing regularity tools to control and abate noise for use by local agencies. One significant model is the “Land Use Compatibility for Community Noise Environments Matrix.” The matrix allows the local jurisdiction to clearly delineate compatibility of sensitive uses with various incremental levels of noise.

The State of California has established noise insulation standards as outlined in Title 24 and the Uniform Building Code (UBC) which in some cases requires acoustical analyses to outline exterior noise levels and to ensure interior noise levels do not exceed the interior threshold. The State mandates that the legislative body of each county and city adopt a noise element as part of its comprehensive general plan. 4-356

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Regulatory Setting
11 The local noise element must recognize the land use compatibility guidelines published by the State Department of Health Services. The guidelines rank noise land use compatibility in terms of normally acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable as illustrated in Exhibit D. (Exhibit 20 of the City’s GP).

Exhibit D: Land Use Compatibility Guidelines

4.3 City of Rancho Mirage Noise Regulations
The City of Rancho Mirage outlines their noise regulations and standards within the Noise Element from the General Plan and the Noise Ordinance from the Municipal Code. 4-357

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Regulatory Setting

12 City of Rancho Mirage General Plan
Applicable policies and standards governing environmental noise in the City are set forth in the General Plan Noise Element. Exhibit 20 (Exhibit D of this report) of the City’s Noise Element outlines the exterior noise standards for community noise environments. According to said exhibit, Single-Family residential noise limits are normally acceptable up to 57 dBA CNEL and conditionally acceptable up to 70 dBA CNEL.

In addition to the noise standards, the City has outlined goals, policies, and implementation measures to reduce potential noise impacts and are presented below:

Goals, Policies, and Implementation Measures
Policies, goals and implementation program measures from the Noise Element that would mitigate potential impacts on noise include the following.

Goal N-1: A noise environment providing peace and quiet that complements and is consistent with Rancho Mirage’s resort residential character.

Policy N.1.1: Land use patterns, associated traffic and its distribution, and individual development shall be assessed for their potential to generate adverse and incompatible noise impacts. Noise exceeding normally acceptable levels shall be appropriately mitigated.

Policy N.1.2: Noise sensitive land uses, including residences, resorts, community open space, schools, libraries, churches, hospitals and convalescent homes, shall be protected from high noise levels emitted by both existing and future noise sources.

Policy N.1.3: Project designs shall be required to include measures that assure that interior levels for residential development do not exceed 45 dBA CNEL.

Policy N.1.4: Land uses allowed adjacent to Rancho Mirage’s major arterials roads and highways, or the Southern Pacific Railroad/I-10 corridor, should generally be limited to those that are compatible with higher noise levels to maximize noise-related land use compatibility.

Policy N.1.5: Develop and maintain a circulation plan that is consistent with the resort residential character of Rancho Mirage, avoids impacts to existing and planned sensitive receptors/uses, and provides fixed routes for existing traffic and future truck traffic.

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Noise Impact Study
City of Rancho Mirage, CA Regulatory Setting

13 City of Rancho Mirage – Noise Ordinance/Municipal Code Chapter 8.45 of the City’s Municipal Code outlines the City’s noise ordinance.

Section 8.45.030 – Exterior Noise Limits
No person shall operate or cause to be operated any source of sound or allow the creation of sound or noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level, as measured on any other property, to exceed:

A. The noise level for the applicable zone specified in Table 1 (Table A-1 from Section 8.45.030) for a cumulative period of more than thirty minutes in any hour of the appliable period.

Table 1: Allowable Exterior Noise Level (Table A-1)

Noise Zone Time of Day Noise Level dBA
Residential, Low Density
7:00 a.m. to 6:00 p.m. 55
6:00 p.m. to 10:00 p.m. 50
10:00 p.m. to 7:00 a.m. 45
Residential, Medium and High
Density, Hospital, Open Space
7:00 a.m. to 6:00 p.m. 60
6:00 p.m. to 10:00 p.m. 55
10:00 p.m. to 7:00 a.m. 50
Commercial Office, Resort
Commercial, Mixed Use, Institutional
7:00 a.m. to 6:00 p.m. 65
6:00 p.m. to 10:00 p.m. 60
10:00 p.m. to 7:00 a.m. 55
Commercial Neighborhood, General
Commercial, Commercial Recreation,
Light Industrial
7:00 a.m. to 6:00 p.m. 70
6:00 p.m. to 10:00 p.m. 65
10:00 p.m. to 7:00 a.m. 60

B. For a cumulative periods of time less than thirty minutes in an hour, all the noise standards in Table A-1 are increased according to Table 2 (Table B-1 from Section A.45.030).

Table 2: Allowable Exterior Noise Level Adjustment (Table B-1) Duration of Sound dBA Adjustment

15 to 30 minutes per hour +3
10 to 15 minutes per hour +5
5 to 10 minutes per hour +10
1 to 5 minutes per hour +15
Any period of time less than 1-minute per hour +20

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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Regulatory Setting
14 C.If the measured ambient noise level exceeds the dBA limits in Table A-1, the noise limits and their adjustments for the first three categories in Table B-1 shall be increased in five dBA increments as needed to encompass or reflect said ambient noise level. The maximum noise level under the last two categories in Table B-1 shall be increased, if necessary, only to equal the ambient noise level.

Per the table above outlined above, the City’s noise limit for residential uses is 55 dBA during the hours of 7:00 AM to 6:00 PM, 50 dBA during the hours of 6:00 PM to 10:00 PM, 45 dBA during the hours of 10:00 PM to 7:00 AM.

Chapter 8.45.050 – Special Provisions
The following activities and noise sources shall be exempt from the provisions of this chapter:

8.45.050(E) – Construction, alteration, repair, grading or improvement of any building, structure, road or improvement to real property for which a permit has been issued by the city if said construction occurs within the allowable hours set forth in Section 15.04.030(A)(10).

Chapter 8.45.065 – Landscape Maintenance
A.It is unlawful and a public nuisance for any person to permit or perform for-hire landscape and nonemergency exterior hardscape maintenance activities such as, but not limited to, tree trimming, re-seeding, lawn mowing, leaf blowing, dust and debris clearing and any other landscaping or nonemergency exterior hardscape maintenance activities which utilize any motorized saw, sander, drill, grinder, leaf-blower, lawnmower, hedge trimmer, edger, or any other similar tool or device any time on Saturday and Sunday and between the hours of six p.m. and seven a.m. the next day during weekdays, unless otherwise provided in this section.

B.The regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in this section. The allowed work hours for mowing or green preparation for golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five thirty a.m. and seven p.m., seven days per week and during all seasons of the year.

C.Nothing set forth in this section shall permit any person from engaging in any activities that exceed the exterior noise level limits set forth in Section 8.45.030 or otherwise constitute a public nuisance as set forth in Section 14.60.325 of the Municipal Code. 4-360

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Study Method and Procedure

15 5.0 Study Method and Procedure
The following section describes the noise modeling procedures and assumptions used for this assessment.

5.1 Noise Measurement Procedure and Criteria
Noise measurements are taken to determine the existing noise levels. A noise receiver or receptor is any location in the noise analysis in which noise might produce an impact. The following criteria are used to select measurement locations and receptors:
• Locations expected to receive the highest noise impacts, such as first row of houses • Locations that are acoustically representative and equivalent of the area of concern • Human land usage
• Sites clear of major obstruction and contamination

MD conducted the sound level measurements in accordance to CalTrans technical noise specifications. All measurements equipment meets American National Standards Institute (ANSI) specifications for sound level meters (S1.4-1983 identified in Chapter 19.68.020.AA). The following gives a brief description of the Caltrans Technical Noise Supplement procedures for sound level measurements:

• Microphones for sound level meters were placed 5-feet above the ground for all measurements • Sound level meters were calibrated (Larson Davis CAL 200) before and after each measurement • Following the calibration of equipment, a wind screen was placed over the microphone • Frequency weighting was set on “A” and slow response
• Results of the long-term noise measurements were recorded on field data sheets • During any short-term noise measurements any noise contaminations such as barking dogs, local traffic, lawn mowers, or aircraft fly-overs were noted
• Temperature and sky conditions were observed and documented

5.2 Noise Measurement Locations
Noise monitoring locations were selected based on the distance of the project’s site to the nearest sensitive on-site receptors. Short-term noise measurements were conducted near the northeastern and southeastern corners of the project site. Also, one short term reading was taken across Vista del Sol, next to the hospital land use to the west. Measurements represent ambient levels at the site. Appendix A includes photos, field sheet, and measured noise data. Exhibit E (next page) illustrates the location of the measurements.

5.3 FHWA Traffic Noise Prediction Model
Traffic noise from vehicular traffic was projected using a computer program that replicates the FHWA Traffic Noise Prediction Model (FHWA-RD-77-108). The FHWA model arrives at the predicted noise level through a series of adjustments to the Reference Energy Mean Emission Level (REMEL). Roadway volumes and percentages correspond to the project’s traffic impact study as projected by Fehr & Peers 4-361

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Study Method and Procedure

16 (Section 31 Specific Plan Transportation Impact Study – March 2019) and roadway classification. The referenced traffic data was applied to the model and is in Appendix B. The following outlines the key adjustments made to the REMEL for the roadway inputs:
• Roadway classification – (e.g. freeway, major arterial, arterial, secondary, collector, etc), • Roadway Active Width – (distance between the center of the outer most travel lanes on each side of the roadway)
• Average Daily Traffic Volumes (ADT), Travel Speeds, Percentages of automobiles, medium trucks and heavy trucks
• Roadway grade and angle of view
• Site Conditions (e.g. soft vs. hard)
• Percentage of total ADT which flows each hour through-out a 24-hour period Table 3 indicates the roadway parameters and vehicle distribution utilized for this study.

Table 3: Roadway Parameters and Vehicle Distribution

Roadway Segment Existing
ADT1
Existing Plus
Project ADT Speed (MPH) Site
Conditions
Vista del Sol Country Club Dr to Frank Sinatra Dr 11,700 11,785 40 Hard Secondary and Collector Vehicle Distribution (Truck Mix)2 Motor-Vehicle Type
Daytime %
(7AM to 7
PM)
Evening %
(7 PM to 10 PM)
Night %
(10 PM to 7
AM)
Total % of
Traffic Flow
Automobiles 75.5 14.0 10.5 97.42
Medium Trucks 48.9 2.2 48.9 1.84
Heavy Trucks 47.3 5.4 47.3 0.74
Notes:
1 Per TIA (Section 31 Specific Plan Transportation Impact Study, City of Rancho Mirage, CA – Fehr & Peers, 03/2019) 2 Vehicle distribution data is based on Riverside County Mix data for collectors and secondary roadways.

The following outlines key adjustments to the REMEL for project site parameter inputs:
• Vertical and horizontal distances (Sensitive receptor distance from noise source) • Noise barrier vertical and horizontal distances (Noise barrier distance from sound source and receptor).
• Traffic noise source spectra
• Topography
MD projected the traffic noise levels to the on-site receptors. The project noise calculation worksheet outputs are located in Appendix B.

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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Study Method and Procedure
17 5.4 FHWA Roadway Construction Noise Model
The construction noise analysis utilizes the Federal Highway Administration (FHWA) Roadway Construction Noise Model (RNCM), together with several key construction parameters. Key inputs include distance to the sensitive receiver, equipment usage, % usage factor, and baseline parameters for the project site.

The project was analyzed based on the different construction phases. Construction noise is expected to be loudest during the grading, concrete and building phases of construction. The construction noise calculation output worksheet is located in Appendix C. The following assumptions relevant to short-term construction noise impacts were used:
•It is estimated that construction will occur over a 1 to 2-year time period. Construction noise is expected to be the loudest during the grading, concrete, and building phases. 4-363

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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Existing Noise Environment
19 6.0 Existing Noise Environment
Three (3) short-term (30-min) ambient noise measurement were conducted at or near the project site.

The noise measurements were taken to determine the existing baseline noise conditions.

6.1 Short-Term Noise Measurement Results
The results of the short-term noise data are presented in Table 4.

Table 4: Short-Term Nosie Measurement Data (dBA)1
Date Location 30-minutes dB(A)
Start Stop LEQ LMAX LMIN
9/21/2021 ST-1 11:14 AM 11:44 AM 46.3 67.7 33.0
9/21/2021 ST-2 11:49 AM 12:19 PM 38.5 59.1 31.0
9/21/2021 ST-3 11:31 AM 12:01 PM 51.7 55.7 49.9
Notes:

1.Short-term noise monitoring locations (ST-1 through ST-3) are illustrated in Exhibit E. The quietest measured noise level is at location ST-2.

Noise data indicate the equivalent ambient level ranged between 38.5 dBA to 51.7 dBA near the project site. Maximum levels reach 67.7 dBA at the ST-1 location. The quietest noise level measured 31.0 dBA at location ST-2. The measured ambient level at or near the project site shows that the primary noise sources are nearby major roadways, an HVAC system from adjacent residences, and natural noise sources. Additional field notes and photographs are provided in Appendix A. 4-365

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Future Noise Environment Impacts and Mitigation

20 7.0 Future Noise Environment Impacts and Mitigation
This assessment analyzes future noise impacts to and from the project and compares the results to the City’s Noise Standards. The analysis details the estimated exterior noise levels associated with traffic from adjacent roadways.

7.1 Future Exterior Noise
The following outlines the exterior noise levels associated with the proposed project.

7.1.1 Noise Impacts to Off-Site Receptors Due to Project Generated Traffic A worst-case project generated traffic noise level was modeled utilizing the FHWA Traffic Noise Prediction Model - FHWA-RD-77-108. Traffic noise levels were calculated 60 feet from the centerline of the analyzed roadway. The trip generation for the 9 single-family residence project is 85. The modeling is theoretical and does not take into account any existing barriers, structures, and/or topographical features that may further reduce noise levels. Therefore, the levels are shown for comparative purposes only to show the difference in with and without project conditions. In addition, the noise contours for 60, 65 and 70 dBA CNEL were calculated. The potential off-site noise impacts caused by an increase of traffic from operation of the proposed project on the nearby roadways were calculated for the following scenarios:

Existing Year (without Project): This scenario refers to existing year traffic noise conditions.

Existing Year (Plus Project): This scenario refers to existing year + project traffic noise conditions.

Table 5 compares the without and with project scenario and shows the change in traffic noise levels as a result of the proposed project. It takes a change of 3 dB or more to hear a perceptible difference. As demonstrated in Table 5, the project is anticipated to not generate change in the noise CNEL level.

The change in noise level is less than significant as 0.1 dBA noise increase is projected. No further mitigation is required.

7.1.2 Noise Impacts to On-Site Receptors Due to Traffic Traffic noise from the local roadway network was evaluated and compared to the City’s noise compatibility matrix. Per the City’s Noise Compatibility Matrix (Exhibit 20, page 82 from the City’s General Plan, Noise Element), single-family residential is conditionally acceptable up to 70 dBA CNEL. As shown in Table 5, Existing Plus Project traffic 70 dBA CNEL noise projections from Vista del Sol will reach up to 38 feet from the centerline of the Roadway. Residential structures are located approximately 60 feet away from Vista del Sol centerline and fall within the 70 to 65 dBA CNEL contour of the Roadway and are located within the conditionally acceptable region for single-family residential (per land use compatibility matrix). With the incorporation of a 6-foot tall wall the exterior level will be 62.3 dBA CNEL on the residence façade. The wall must be placed on top of slope or pad grade (whichever is higher) and can be following the property line.
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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Future Noise Environment Impacts and Mitigation 21 To mitigate exterior to interior noise levels to the single-family uses the project shall implement noise control solutions to mitigate interior noise levels down to 45 dBA CNEL which requires a noise reduction of at least 17.3 dBA or more.

Table 5: Existing Scenario - Noise Levels Along Roadways (dBA CNEL) Existing Without Project Exterior Noise Levels
CNEL
at 60 Ft
(dBA)
Distance to Contour (Ft)
Roadway Segment 70 dBA
CNEL
65 dBA
CNEL
60 dBA
CNEL
55 dBA
CNEL
Vista del Sol Country Club Dr to Frank Sinatra Dr 62.2 38 120 380 1201 Existing With Project Exterior Noise Levels
CNEL
at 60 Ft
(dBA)
Distance to Contour (Ft)
Roadway Segment 70 dBA
CNEL
65 dBA
CNEL
60 dBA
CNEL
55 dBA
CNEL
Vista del Sol Country Club Dr to Frank Sinatra Dr 62.3 38 121 383 1210 Change in Existing Noise Levels as a Result of Project
CNEL at 60 Feet dBA1,2
Roadway Segment
Existing
Without
Project
Existing
With
Project
Change
in
Noise
Level
Potential
Significant
Impact
Vista del Sol Country Club Dr to Frank Sinatra Dr 62.2 62.3 0.1 No Notes:
1 Exterior noise levels calculated at 5 feet above ground level. 2 Noise levels calculated from centerline of subject roadway.

7.1.3 Noise Impacts to Off-Site Receptors Due to Operational Traffic The nearest off-site sensitive uses are located approximately 650 feet to the southwest (hospital facilities) and are located outside the confluence of the project site. Therefore, the project’s operations will have no impact on any off-site sensitive uses.

7.2 Summary of Recommendations
The following recommendations are provided:

MM-1: The project shall achieve a minimum of 17 dBA noise reduction in the residential building shell design to meet the City’s 45 dBA CNEL interior residential requirement.

MM-2: A 6-foot tall wall located at the property line is required to reduce the noise CNEL level at the residences facing Vista del Sol.
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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Construction Noise Impact

22 8.0 Construction Noise Impact
The degree of construction noise may vary for different areas of the project site and also vary depending on the construction activities. Noise levels associated with the construction will vary with the different phases of construction.

8.1 Construction Noise
The Environmental Protection Agency (EPA) has compiled data regarding the noise-generated characteristics of typical construction activities. The data is presented in Table 6.

Table 6: Typical Construction Noise Levels1

Equipment Powered by Internal Combustion Engines
Type Noise Levels (dBA) at 50 Feet
Earth Moving
Compactors (Rollers) 73 - 76
Front Loaders 73 - 84
Backhoes 73 - 92
Tractors 75 - 95
Scrapers, Graders 78 - 92
Pavers 85 - 87
Trucks 81 - 94
Materials Handling
Concrete Mixers 72 - 87
Concrete Pumps 81 - 83
Cranes (Movable) 72 - 86
Cranes (Derrick) 85 - 87
Stationary
Pumps 68 - 71
Generators 71 - 83
Compressors 75 - 86

Impact Equipment
Type Noise Levels (dBA) at 50 Feet
Saws 71 - 82
Vibrators 68 - 82
Notes:
1 Referenced Noise Levels from the Environmental Protection Agency (EPA) Construction noise is considered a short-term impact and would be considered significant if construction activities are taken outside the allowable times as described in the City’s Municipal Code (Section

15.04.030(A)(10)). Construction is anticipated to occur during the permissible hours (7 am to 7 pm) according to the City’s Municipal Code. Construction noise will have a temporary or periodic increase in the ambient noise level above the existing within the project vicinity. Furthermore, noise reduction measures are provided to further reduce construction noise. The impact is considered less than significant however construction noise level projections are provided. 4-368

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Construction Noise Impact

23 Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Noise levels will be loudest during grading phase. A likely worst-case construction noise scenario during grading assumes the use of a grader, a dozer, and two (2) excavators, two (2) backhoes and a scraper operating at 390 feet from the nearest sensitive receptor (northeast residence).

Assuming a usage factor of 40 percent for each piece of equipment, unmitigated noise levels at 390 feet have the potential to reach 67 dBA Leq and 71 dBA Lmax at the nearest sensitive receptors during grading.

Noise levels for the other construction phases would be lower and range between 50 to 63 dBA.

8.2 Construction Vibration
Construction activities can produce vibration that may be felt by adjacent land uses. The construction of the proposed project would not require the use of equipment such as pile drivers, which are known to generate substantial construction vibration levels. The primary vibration source during construction may be from a bull dozer. A large bull dozer has a vibration impact of 0.089 inches per second peak particle velocity (PPV) at 25 feet which is perceptible but below any risk to architectural damage.

The fundamental equation used to calculate vibration propagation through average soil conditions and distance is as follows:

PPVequipment = PPVref (100/Drec)n
Where: PPVref = reference PPV at 100ft.

Drec = distance from equipment to receiver in ft.
n = 1.1 (the value related to the attenuation rate through ground)

The thresholds from the Caltrans Transportation and Construction Induced Vibration Guidance Manual in Table 7 (below) provides general thresholds and guidelines as to the vibration damage potential from vibratory impacts.

Table 7: Guideline Vibration Damage Potential Threshold Criteria

Structure and Condition
Maximum PPV (in/sec)
Transient Sources Continuous/Frequent
Intermittent Sources
Extremely fragile historic buildings, ruins, ancient monuments 0.12 0.08 Fragile buildings 0.2 0.1
Historic and some old buildings 0.5 0.25
Older residential structures 0.5 0.3
New residential structures 1.0 0.5
Modern industrial/commercial buildings 2.0 0.5
Source: Table 19, Transportation and Construction Vibration Guidance Manual, Caltrans, Sept. 2013.

Note: Transient sources create a single isolated vibration event, such as blasting or drop balls. Continuous/frequent intermittent sources include impact pile drivers, pogo-stick compactors, crack-and-seat equipment, vibratory pile drivers, and vibratory compaction equipment. 4-369

TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA Construction Noise Impact
24 Table 8 gives approximate vibration levels for particular construction activities. This data provides a reasonable estimate for a wide range of soil conditions.

Table 8: Vibration Source Levels for Construction Equipment1 Equipment
Peak Particle Velocity Approximate Vibration Level
(inches/second) at 25 feet LV (dVB) at 25 feet
Pile driver (impact) 1.518 (upper range) 112

0.644 (typical) 104
Pile driver (sonic) 0.734 upper range 105

0.170 typical 93
Clam shovel drop (slurry wall) 0.202 94
Hydromill 0.008 in soil 66
(slurry wall) 0.017 in rock 75
Vibratory Roller 0.21 94
Hoe Ram 0.089 87
Large bulldozer 0.089 87
Caisson drill 0.089 87
Loaded trucks 0.076 86
Jackhammer 0.035 79
Small bulldozer 0.003 58
1 Source: Transit Noise and Vibration Impact Assessment, Federal Transit Administration, May 2006.

At a distance of 390 feet, a large bull dozer would yield a worst-case 0.004 PPV (in/sec) which below the threshold of perception and any risk of damage. The impact is less than significant and no mitigation is required.

8.3 Construction Noise Reduction Measures
Construction operations must follow the City’s General Plan and the Noise Ordinance, which states that construction, repair or excavation work performed must occur within the permissible hours. To further ensure that construction activities do not disrupt the adjacent land uses, the following measures should be taken:

1.Construction should occur during the permissible hours as defined in Section 15.04.030(A)(10).

2.During construction, the contactor shall ensure all construction equipment is equipped with appropriate noise attenuating devices.

3.The contractor should locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction.

4.Idling equipment should be turned off when not in use.

5.Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging.
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TTM 38222 - Noise
Noise Impact Study
City of Rancho Mirage, CA References

25 9.0 References
State of California General Plan Guidelines: 1998. Governor’s Office of Planning and Research City of Rancho Mirage: General Plan Noise Element. 2017.

City of Rancho Mirage: Chapter 8.45 Noise of the Municipal Code.

Fehr & Peers, Section 31 Specific Plan Transportation Impact Study – Table 3-2 City of Rancho Mirage Roadway Capacity, March 2019

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Appendix A:

Field Measurement Data

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Appendix B:

Traffic FHWA Worksheets

4-378

FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL
PROJECT:TTM 38222 JOB #:0741-21-34
ROADWAY:Vista del Sol DATE: 1-Oct-21
LOCATION:39901 Vista del Sol, Rancho Mirage CA 92270 ENGINEER:F. Irarrazabal ADT =11,700 RECEIVER DISTANCE = 60
SPEED =40 DIST C/L TO WALL =42
PK HR % =10 RECEIVER HEIGHT =5.0
NEAR LANE/FAR LANE DIST =12 WALL DISTANCE FROM RECEIVER =18 ROAD ELEVATION =0.0 PAD ELEVATION =0.0
GRADE =0.0 %ROADWAY VIEW: LF ANGLE=-90
PK HR VOL =1,170 RT ANGLE=90
DF ANGLE=180
AUTOMOBILES = 10 HTH WALL=6.0
MEDIUM TRUCKS =10 (10 = HARD SITE, 15 = SOFT SITE) AMBIENT=0.0 HEAVY TRUCKS =10 BARRIER =0 (0 = WALL, 1 = BERM)

VEHICLE TYPE EVENING NIGHT DAILY VEHICLE TYPE HEIGHT SLE DISTANCE AUTOMOBILES 0.140 0.105 0.9742 AUTOMOBILES 2.0 59.79
MEDIUM TRUCKS 0.022 0.489 0.0184 MEDIUM TRUCKS 4.0 59.65 HEAVY TRUCKS 0.054 0.473 0.0074 HEAVY TRUCKS 8.0 59.65

VEHICLE TYPE PK HR LEQ DAY LEQ EVEN LEQ NIGHT LEQ LDN CNEL AUTOMOBILES 65.8 63.7 62.4 56.4 64.8 65.5
MEDIUM TRUCKS 57.5 53.6 46.1 54.8 61.0 61.0
HEAVY TRUCKS 58.4 54.3 50.9 55.6 61.8 61.9
NOISE LEVELS (dBA) 67.0 64.6 62.8 60.4 67.6 68.0

VEHICLE TYPE PK HR LEQ DAY LEQ EVEN LEQ NIGHT LEQ LDN CNEL AUTOMOBILES 59.5 57.5 56.2 50.2 58.6 59.2
MEDIUM TRUCKS 51.9 48.0 40.5 49.2 55.4 55.4
HEAVY TRUCKS 53.4 49.4 46.0 50.6 56.8 56.9
NOISE LEVELS (dBA) 61.2 58.8 57.1 54.7 61.9 62.2
NOISE LEVELS 70 dBA 65 dBA 60 dBA 55 dBA
CNEL 38 120 380 1201
LDN 35 110 349 1103

NOISE CONTOUR (FT)
- -

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0.473

NOISE OUTPUT DATA

NOISE IMPACTS (WITHOUT TOPO OR BARRIER SHIELDING)

NOISE IMPACTS (WITH TOPO AND BARRIER SHIELDING)
VEHICLE MIX DATA MISC. VEHICLE INFO

0.755 - -

GRADE ADJUSTMENTDAY

NOISE INPUT DATA

ROADWAY CONDITIONS RECEIVER INPUT DATA

SITE CONDITIONS WALL INFORMATION
4-379

FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL
PROJECT:TTM 38222 JOB #:0741-21-34
ROADWAY:Vista del Sol DATE: 1-Oct-21
LOCATION:39901 Vista del Sol, Rancho Mirage CA 92270 ENGINEER:F. Irarrazabal ADT =11,785 RECEIVER DISTANCE = 60
SPEED =40 DIST C/L TO WALL =42
PK HR % =10 RECEIVER HEIGHT =5.0
NEAR LANE/FAR LANE DIST =12 WALL DISTANCE FROM RECEIVER =18 ROAD ELEVATION =0.0 PAD ELEVATION =0.0
GRADE =0.0 %ROADWAY VIEW: LF ANGLE=-90
PK HR VOL =1,179 RT ANGLE=90
DF ANGLE=180
AUTOMOBILES = 10 HTH WALL=6.0
MEDIUM TRUCKS =10 (10 = HARD SITE, 15 = SOFT SITE) AMBIENT=0.0 HEAVY TRUCKS =10 BARRIER =0 (0 = WALL, 1 = BERM)

VEHICLE TYPE EVENING NIGHT DAILY VEHICLE TYPE HEIGHT SLE DISTANCE AUTOMOBILES 0.140 0.105 0.9742 AUTOMOBILES 2.0 59.79
MEDIUM TRUCKS 0.022 0.489 0.0184 MEDIUM TRUCKS 4.0 59.65 HEAVY TRUCKS 0.054 0.473 0.0074 HEAVY TRUCKS 8.0 59.65

VEHICLE TYPE PK HR LEQ DAY LEQ EVEN LEQ NIGHT LEQ LDN CNEL AUTOMOBILES 65.8 63.8 62.5 56.5 64.9 65.5
MEDIUM TRUCKS 57.5 53.6 46.2 54.9 61.0 61.1
HEAVY TRUCKS 58.4 54.4 51.0 55.6 61.8 61.9
NOISE LEVELS (dBA) 67.0 64.6 62.9 60.5 67.7 68.0

VEHICLE TYPE PK HR LEQ DAY LEQ EVEN LEQ NIGHT LEQ LDN CNEL AUTOMOBILES 59.5 57.5 56.2 50.2 58.6 59.3
MEDIUM TRUCKS 51.9 48.0 40.6 49.3 55.4 55.5
HEAVY TRUCKS 53.4 49.4 46.0 50.6 56.8 56.9
NOISE LEVELS (dBA) 61.3 58.8 57.1 54.7 61.9 62.3
NOISE LEVELS 70 dBA 65 dBA 60 dBA 55 dBA
CNEL 38 121 383 1210
LDN 35 111 351 1111

NOISE CONTOUR (FT)
- -

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0.473

NOISE OUTPUT DATA

NOISE IMPACTS (WITHOUT TOPO OR BARRIER SHIELDING)

NOISE IMPACTS (WITH TOPO AND BARRIER SHIELDING)
VEHICLE MIX DATA MISC. VEHICLE INFO

0.755 - -

GRADE ADJUSTMENTDAY

NOISE INPUT DATA

ROADWAY CONDITIONS RECEIVER INPUT DATA

SITE CONDITIONS WALL INFORMATION
4-380

Appendix C:

Construction Noise Modeling Output

4-381

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(
E
a
s
t
)
Si
t
e
P
r
e
p
a
r
a
t
i
o
n
60 64
Gr
a
d
i
n
g
67 71
Bu
i
l
di
n
g

C
o
n
s
t
r
u
c
t
i
o
n
63 67
Ar
c
h
i
t
ec
t
u
r
a
l

C
o
a
t
i
n
g
50 54
Eq
ui
p
m
e
n
t

S
u
m
m
a
r
y
Re
f
e
r
e
n
c
e

(
d
B
A
)

5 0

f
t

Lm
ax
Ro
c
k

D
r
i
l
ls
96 Ja
ck

H
a
m
m
e
r
s
82 Pn
e
u
m
at
i
c

T
o
o
l
s
85 Pa
v
e
r
s
80 Do
z
e
r
s
85 Sc
ra
p
e
r
s
87 Ha
u
l

T
r
u
ck
s
88 Cr
a
n
e
s
82 Po
r
t
a
b
l
e

G
e
n
er
a
t
o
r
s
80 Ro
l
le
r
s
80 Tr
a
c
t
or
s
80 Fr
o
n
t
-
E
n
d

L
o
a
d
e
r
s
86 Hy
d
r
a
u
l
i
c

E
x
c
a
v
a
t
o
r
s
86 Gr
a
d
e
r
s
86 Ai
r

C
o
m
p
r
e
s
s
o
r
s
86 Tr
u
c
k
s
86 4-382

No
i
se

L
e
v
e
l

C
a
l
c
u
l
a
t
i
o
n

P
r
i
o
r

t
o

I
m
p
l
e
m
e
n
t
a
t
i
o
n

o
f

N
o
i
s
e

A
t
t
e
n
u
a
t
i
o
n

R
e
q
u
i
r
e
m
e
n
t
s
Lm
a
x

L
e
q
1 Do
z
e
r
85 1
40 39
0 0.
5 0
62 .
7 58
.
7 74
4 4
2 9
.
3 4
5 2
Tra
c
t
o
r
/
L
o
a
d
e
r
/
B
a
c
k
h
o
e
80 1
40 39
0 0.
5 0
57 .
7 53
.
7 23
5 4
0 9
.
2 2
9 So
u
rc
e
:

M
D

A
c
o
u
s
t
i
c
s
,

L
L
C

-

S
e
p
t
.

2 0
2 1
.

Lm
ax
*

6 4

L
e
q

6 0
1-
P
e
r
c
e
n
t
a
g
e

o
f

t
i
m
e

t
h
a
t

a

p
i
e
c
e

o
f

e
q
u
i
p
m
e
n
t

i
s

o
p
e
r
a
t
i
n
g

a
t

f
u
l
l

p
o
w
e
r
.

Lw

9 4

L
w

9 2
dB
A
–

A
-
w
e
i
g
h
t
e
d

D
e
c
i
b
e
l
s
Lm
a
x
-

M
a
x
i
m
u
m

L
e
v
e
l
Le
q
-

E
q
u
i
v
a
l
e
n
t

L
e
v
e
l
Fe
e
t
Me
t
e
r
s
Gro
u
n
d

E
f
f
e
c
t
No

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
1 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
2 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
3 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
4 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
5 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
6 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
7 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
8 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
9 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
10 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
11 d
B
A

Sh
i
e
l
d
i
n
g

Le
q
d
B
A
12 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
13 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
14 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
15 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
50 15
.2

0. 5

6 0

5 9

5 8

5 7

5 6

5 5

5 4

5 3

5 2

5 1

5 0

4 9

4 8

4 7

4 6

4 5
60 18
.
3 0.
5 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 70
21 .
3 0.
5 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 80
24 .
4 0.
5 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 90
27 .
4 0.
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 10
0 30
.
5 0.
5 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 11
0 33
.
5 0.
5 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 12
0 36
.
6 0.
5 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 13
0 39
.
6 0.
5 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 14
0 42
.
7 0.
5 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 15
0 45
.
7 0.
5 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 16
0 48
.
8 0.
5 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 17
0 51
.
8 0.
5 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 18
0 54
.
9 0.
5 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 19
0 57
.
9 0.
5 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 20
0 61
.
0 0.
5 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 21
0 64
.
0 0.
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 22
0 67
.
1 0.
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 23
0 70
.
1 0.
5 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 24
0 73
.
1 0.
5 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 25
0 76
.
2 0.
5 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 26
0 79
.
2 0.
5 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 27
0 82
.
3 0.
5 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 28
0 85
.
3 0.
5 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 29
0 88
.
4 0.
5 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 30
0 91
.
4 0.
5 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 31
0 94
.
5 0.
5 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 32
0 97
.
5 0.
5 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 33
0 10
0 .
6 0.
5 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 2
4 34
0 10
3 .
6 0.
5 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 2
4 35
0 10
6 .
7 0.
5 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 2
4 36
0 10
9 .
7 0.
5 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 2
4 2
3 37
0 11
2 .
8 0.
5 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 2
5 2
4 2
3 Si
t
e
P
r
e
p
a
r
a
t
i
o
n

Gro
u
n
d

Ef
f
e
c
t
Sh
i
e
l
d
i
n
g

(d
B
A
)
Ca
l
c
u
l
a
t
e
d

(
d
B
A
)
En
e
r
g
y
No
.

E
q
u
i
p
m
e
n
t

D
e
s
c
r
i
p
t
i
o
n
Re
f
e
r
e
n
c
e

(
d
B
A
)

5 0

f
t

L
m
a
x
Qu
a
n
t
i
t
y
Us
a
g
e

Fa
c
t
o
r
1 Di
st
a
n
c
e

t
o

Re
c
e
p
t
o
r

(f
t
)
4-383

No
i
se

L
e
v
e
l

C
a
l
c
u
l
a
t
i
o
n

P
r
i
o
r

t
o

I
m
p
l
e
m
e
n
t
a
t
i
o
n

o
f

N
o
i
s
e

A
t
t
e
n
u
a
t
i
o
n

R
e
q
u
i
r
e
m
e
n
t
s
Lm
a
x

L
e
q
1 Gra
d
e
r
86 1
40 39
0 0.
5 0
63 .
7 59
.
7 93
7 1
8 1
.
0 2
2 Do
z
e
r
85 1
40 39
0 0.
5 0
62 .
7 58
.
7 74
4 4
2 9
.
3 4
5 3
Tra
c
t
o
r
/
B
a
c
k
h
o
e
80 2
40 39
0 0.
5 0
60 .
7 56
.
7 47
0 8
1 8
.
4 5
8 4
Sc
r
a
p
e
r
s
87 1
40 39
0 0.
5 0
64 .
7 60
.
7 11
7 9
8 4
1 5
Ex
c
a
v
at
o
r
s
86 2
40 39
0 0.
5 0
66 .
7 62
.
7 18
7 4
3 6
2 .
0 4
So
u
rc
e
:

M
D

A
c
o
u
s
t
i
c
s
,

L
L
C

-

S
e
p
t
.

2 0
2 1
.

Lm
ax
*

7 1

L
e
q

6 7
1-
P
e
r
c
e
n
t
a
g
e

o
f

t
i
m
e

t
h
a
t

a

p
i
e
c
e

o
f

e
q
u
i
p
m
e
n
t

i
s

o
p
e
r
a
t
i
n
g

a
t

f
u
l
l

p
o
w
e
r
.

Lw

1 0
0 L
w

9 9
dB
A
–

A
-
w
e
i
g
h
t
e
d

D
e
c
i
b
e
l
s
Lm
a
x
-

M
a
x
i
m
u
m

L
e
v
e
l
Le
q
-

E
q
u
i
v
a
l
e
n
t

L
e
v
e
l
Fe
e
t
Me
t
e
r
s
Gro
u
n
d

E
f
f
e
c
t
No

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
1 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
2 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
3 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
4 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
5 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
6 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
7 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
8 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
9 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
10 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
11 d
B
A

Sh
i
e
l
d
i
n
g

Le
q
d
B
A
12 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
13 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
14 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
15 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
50 15
.2

0. 5

6 7

6 6

6 5

6 4

6 3

6 2

6 1

6 0

5 9

5 8

5 7

5 6

5 5

5 4

5 3

5 2
60 18
.
3 0.
5 6
5 6
4 6
3 6
2 6
1 6
0 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 70
21 .
3 0.
5 6
4 6
3 6
2 6
1 6
0 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 80
24 .
4 0.
5 6
2 6
1 6
0 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 90
27 .
4 0.
5 6
1 6
0 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 10
0 30
.
5 0.
5 6
0 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 11
0 33
.
5 0.
5 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 12
0 36
.
6 0.
5 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 13
0 39
.
6 0.
5 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 14
0 42
.
7 0.
5 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 15
0 45
.
7 0.
5 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 16
0 48
.
8 0.
5 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 17
0 51
.
8 0.
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 18
0 54
.
9 0.
5 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 19
0 57
.
9 0.
5 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 20
0 61
.
0 0.
5 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 21
0 64
.
0 0.
5 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 22
0 67
.
1 0.
5 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 23
0 70
.
1 0.
5 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 24
0 73
.
1 0.
5 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 25
0 76
.
2 0.
5 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 26
0 79
.
2 0.
5 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 27
0 82
.
3 0.
5 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 28
0 85
.
3 0.
5 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 29
0 88
.
4 0.
5 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 30
0 91
.
4 0.
5 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 31
0 94
.
5 0.
5 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 32
0 97
.
5 0.
5 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 33
0 10
0 .
6 0.
5 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 34
0 10
3 .
6 0.
5 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 35
0 10
6 .
7 0.
5 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 36
0 10
9 .
7 0.
5 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 37
0 11
2 .
8 0.
5 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 Gr
ad
i
n
g
Sh
ie
l
d
i
n
g

(d
B
A
)
Ca
l
c
u
l
a
t
e
d

(
d
B
A
)
En
e
r
g
y
No
.

E
q
u
i
p
m
e
n
t

D
e
s
c
r
i
p
t
i
o
n
Re
f
e
r
e
n
c
e

(
d
B
A
)

5 0

f
t

L
m
a
x
Gr
o
u
n
d

Ef
f
e
c
t
Qu
a
n
t
i
t
y
Us
a
g
e

Fa
c
t
o
r
1 Di
st
a
n
c
e

t
o

Re
c
e
p
t
o
r

(f
t
)
4-384

No
i
se

L
e
v
e
l

C
a
l
c
u
l
a
t
i
o
n

P
r
i
o
r

t
o

I
m
p
l
e
m
e
n
t
a
t
i
o
n

o
f

N
o
i
s
e

A
t
t
e
n
u
a
t
i
o
n

R
e
q
u
i
r
e
m
e
n
t
s
Lm
a
x

L
e
q
1 For
k
l
i
f
t
/
T
r
a
c
t
o
r
80 3
40 39
0 0.
5 0
62 .
5 58
.
5 70
6 2
2 7
.
6 8
6 2
Tra
c
t
o
r
/
B
a
c
k
h
o
e
80 3
40 39
0 0.
5 0
62 .
5 58
.
5 70
6 2
2 7
.
6 8
6 3
Cr
a
n
es
82 1
40 39
0 0.
5 0
59 .
7 55
.
7 37
3 0
9 8
.
4 8
4 4

G
en
e
r
a
t
o
r
80 1

4 0

3 9
0 0
.
5 0

5 7
.
7 5
3 .
7 2
3 5
4 0
9 .
2 2
9 So
u
rc
e
:

M
D

A
c
o
u
s
t
i
c
s
,

L
L
C

-

S
e
p
t
.

2 0
2 1
.

Lm
ax
*

6 7

L
e
q

6 3
1-
P
e
r
c
e
n
t
a
g
e

o
f

t
i
m
e

t
h
a
t

a

p
i
e
c
e

o
f

e
q
u
i
p
m
e
n
t

i
s

o
p
e
r
a
t
i
n
g

a
t

f
u
l
l

p
o
w
e
r
.

Lw

9 9

L
w

9 5
dB
A
–

A
-
w
e
i
g
h
t
e
d

D
e
c
i
b
e
l
s
Lm
a
x
-

M
a
x
i
m
u
m

L
e
v
e
l
Le
q
-

E
q
u
i
v
a
l
e
n
t

L
e
v
e
l
Fe
e
t
Me
t
e
r
s
Gro
u
n
d

E
f
f
e
c
t
No

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
1 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
2 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
3 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
4 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
5 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
6 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
7 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
8 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
9 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
10 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
11 d
B
A

Sh
i
e
l
d
i
n
g

Le
q
d
B
A
12 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
13 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
14 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
15 d
B
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
50 15
.2

0. 5

6 3

6 2

6 1

6 0

5 9

5 8

5 7

5 6

5 5

5 4

5 3

5 2

5 1

5 0

4 9

4 8
60 18
.
3 0.
5 6
1 6
0 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 70
21 .
3 0.
5 5
9 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 80
24 .
4 0.
5 5
8 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 90
27 .
4 0.
5 5
7 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 10
0 30
.
5 0.
5 5
6 5
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 11
0 33
.
5 0.
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 40
39 12
0 36
.
6 0.
5 5
4 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 13
0 39
.
6 0.
5 5
3 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 14
0 42
.
7 0.
5 5
2 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 15
0 45
.
7 0.
5 5
1 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 16
0 48
.
8 0.
5 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 17
0 51
.
8 0.
5 5
0 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 18
0 54
.
9 0.
5 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 19
0 57
.
9 0.
5 4
9 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 20
0 61
.
0 0.
5 4
8 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 21
0 64
.
0 0.
5 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 22
0 67
.
1 0.
5 4
7 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 23
0 70
.
1 0.
5 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 24
0 73
.
1 0.
5 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 25
0 76
.
2 0.
5 4
6 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 26
0 79
.
2 0.
5 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 27
0 82
.
3 0.
5 4
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 28
0 85
.
3 0.
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 29
0 88
.
4 0.
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 30
0 91
.
4 0.
5 4
4 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 31
0 94
.
5 0.
5 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 32
0 97
.
5 0.
5 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 33
0 10
0 .
6 0.
5 4
3 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 34
0 10
3 .
6 0.
5 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 35
0 10
6 .
7 0.
5 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 36
0 10
9 .
7 0.
5 4
2 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 37
0 11
2 .
8 0.
5 4
1 4
0 3
9 3
8 3
7 3
6 3
5 3
4 3
3 3
2 3
1 3
0 2
9 2
8 2
7 2
6 Bui
l
d
i
n
g

C
o
n
s
t
r
u
c
t
i
o
n
No
.

E
q
u
ip
m
e
n
t

D
e
s
c
r
i
p
t
i
o
n
Re
f
e
r
e
n
c
e

(
d
B
A
)

5 0

f
t

L
m
a
x
Qu
a
n
t
i
t
y
Us
a
g
e

Fa
c
t
o
r
1 Di
st
a
n
c
e

t
o

Re
c
e
p
t
o
r

(f
t
)
Gr
o
u
n
d

Ef
f
e
c
t
Sh
i
e
l
d
i
n
g

(d
B
A
)
Ca
l
c
u
l
a
t
e
d

(
d
B
A
)
En
e
r
g
y
4-385

No
i
se

L
e
v
e
l

C
a
l
c
u
l
a
t
i
o
n

P
r
i
o
r

t
o

I
m
p
l
e
m
e
n
t
a
t
i
o
n

o
f

N
o
i
s
e

A
t
t
e
n
u
a
t
i
o
n

R
e
q
u
i
r
e
m
e
n
t
s
Lm
a
x

L
e
q
1 Air

C
o
m
p
r
e
s
s
o
r
86 1
40 95
0 0.
5 0
54 .
0 50
.
1 10
1 1
9 8
.
9 4
6 So
u
rc
e
:

M
D

A
c
o
u
s
t
i
c
s
,

L
L
C

-

S
e
p
t
.

2 0
2 1
.

Lm
ax
*

5 4

L
e
q

5 0
1-
P
e
r
c
e
n
t
a
g
e

o
f

t
i
m
e

t
h
a
t

a

p
i
e
c
e

o
f

e
q
u
i
p
m
e
n
t

i
s

o
p
e
r
a
t
i
n
g

a
t

f
u
l
l

p
o
w
e
r
.

Lw

8 6

L
w

8 2
dB
A
–

A
-
w
e
i
g
h
t
e
d

D
e
c
i
b
e
l
s
Lm
a
x
-

M
a
x
i
m
u
m

L
e
v
e
l
Le
q
-

E
q
u
i
v
a
l
e
n
t

L
e
v
e
l
Fe
e
t
Me
t
e
r
s
Gro
u
n
d

E
f
f
e
c
t
No

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
1 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
2 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
3 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
4 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
5 dB
A

Sh
i
e
l
d
i
n
g

Le
q

d
B
A
6 dB
A

Sh
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4-386

Project: TTM 38222 Noise Date: 9/30/21
Source: Large Bulldozer
Scenario: Unmitigated
Location:

Address: 39901 Vista del Sol, Rancho Mirage, CA 92270
PPV = PPVref(25/D)^n (in/sec)
Equipment =INPUT SECTION IN BLUE
Type
PPVref =0.089 Reference PPV (in/sec) at 25 ft.

D =390.00 Distance from Equipment to Receiver (ft)
n = 1.10 Vibration attenuation rate through the ground
PPV =0.004 IN/SEC OUTPUT IN RED

DATA OUT RESULTS
2 Large Bulldozer
Note: Based on reference equations from Vibration Guidance Manual, California Department of Transportation, 2006, pgs 38-43.

VIBRATION LEVEL IMPACT
Project Site

DATA INPUT
4-387

Appendix E
Tribal Consultation Letters
4-388

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Twenty-Nine Palms Band of Mission Indians
Attn: Darrell Mike, Tribal Chairman
46-200 Harrison Place
Coachella, CA 92236
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Mike:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-389

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Twenty-Nine Palms
Band of Mission Indians
Attn: Anthony Madrigal, Jr., Tribal Grants
46-200 Harrison Place
Coachella, CA 92236
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Madrigal:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-390

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Agua Caliente Band of Cahuilla Indians
Attn: Reid D Milanovich, Chairperson
5401 Dinah Shore Drive
Palm Springs, CA 92264
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Milanovich:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-391

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Augustine Band of Cahuilla Mission Indians
Attn: Amanda Vance, Chairperson
P.O. Box 846
Coachella, CA 92236
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Ms. Vance:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-392

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Cabazon Band of Mission Indians
Tribal Administration
Attn: Doug Todd Welmas, Tribal Chairman
84-245 Indio Springs Parkway
Indio, CA 92203
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Welmas:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-393

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Cabazon Band of Mission Indians
Attn: Jacquelyn Barnum, Environmental Director
84-245 Indio Springs Parkway
Indio, CA 92203
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Ms. Barnum:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-394

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Cahuilla Band of Indians
Attn: Daniel Salgado, Chair
PO Box 391760
Anza, CA 92539
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Salgado:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-395

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Los Coyotes Band of Mission Indians
Attn: Shane Chapparosa, Chairperson
P.O. Box 189
Warner Springs, CA 92086
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Cahpparosa:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-396

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Morongo Band of Mission Indians
Attn: Travis Armstrong, Tribal Historic Preservation Officer 12700 Pumarra Road
Banning, CA 92220
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Armstrong:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-397

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Morongo Band of Mission Indians
Attn: Robert Martin, Tribal Chairman
12700 Pumarra Road
Banning, CA 92220
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Martin:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-398

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Ramona Band of Cahuilla Mission
Attn: Joseph Hamilton, Chairperson
PO Box 391670
Anza, CA 92539
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Hamilton:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-399

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Soboba Band of Luiseno Indians
Attn: Joseph Ontiveros, Cultural Resource Director
PO Box 487
San Jacinto, CA 92581
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Ontiveros:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
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DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Santa Rosa Band of Mission Indians
Attn: Steven Estrada, Chairperson
PO Box 391820 Cahuilla
Anza, CA 92539
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Estrada:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-401

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ● Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ● (760) 328-2266
August 2, 2022
Torres Martinez Desert Cahuilla Indians
Attn: Michael Mirelez, Cultural Resource Coordinator
P.O. Box 1160
Thermal, CA 92274
RE: Environmental Assessment Case No. EA22-0003 and Tentative Tract Map Case No.

TTM22-0002 (Tentative Tract Map No. 38222)
Dear Mr. Mirelez:

In conformance with Assembly Bill 52 (AB 52), we are sending you this letter to offer consultation to protect cultural resources that may occur within the City per your request. The project being considered is as follows:

The proposed Project includes a Tentative Tract Map No. 38222 (TTM) to divide the two existing parcels (APNs 685-280-002 and -003) into nine lots to allow for the development of up to 9 single- family homes. The project site totals ±10.12 acres with lot sizes ranging from 43,560 square feet to 45,102 square feet. The project site is located on the east side of Vista Del Sol, just east of Betty Ford Center and west of Vista Dunes Road. Please see the enclosed tentative map for an overview of the project.

If you wish to consult with the City regarding potential cultural resources within the City, or the AB 52 process, please contact me at 760-328-2266, or at the following address within 30 days from the receipt of this letter.

Sincerely,
Pilar Lopez
Associate Planner
4-402

Appendix F
Comment Letters Received from Initial Circulation
of Draft IS/MND

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State of California – Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director Inland Deserts Region
3602 Inland Empire Blvd, Suite C-220
Ontario, CA 91764
www.wildlife.ca.gov
January 10, 2023
Sent via e-mail
Pilar Lopez
Associate Planner
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
VISTA DEL SOL 8-LOT SUBDIVISION (PROJECT)

MITIGATED NEGATIVE DECLARATION (MND)
SCH #: NONE
Dear Ms. Lopez:

The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to Adopt an MND from the City of Rancho Mirage for the Project pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.1
Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code.

CDFW ROLE
CDFW is California’s Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code, §§ 711.7, subd. (a) & 1802; Pub. Resources Code, § 21070; CEQA Guidelines § 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources.

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: City of Rancho Mirage
Objective: The objective of the Project is to subdivide two existing parcels (APNs: 685- 280-002 and -003) into eight residential lots and three lettered lots, including a private street. The Project site is 10.12 acres, and the residential lot sizes range from 43,700 square feet to 66,229 square feet. Construction is expected to occur in five phases, including site preparation, grading, building construction, paving, and architectural coating. 1 CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000. 1 2
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City of Rancho Mirage
January 10, 2023

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Location: The proposed Project is located along the east side of Vista Del Sol, just east of Eisenhower Medical Center and west of Vista Dunes Road in the City of Rancho Mirage, Riverside County, California (33.764244°, -116.396440°). The Project encompasses Accessor’s Parcel Numbers 685-280-002 and 685-280-003. Lands surrounding the parcels to the north, west, and south are undeveloped vacant land, whereas lands surrounding the parcels to the east are developed residential units. The Project’s parcels are located within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) boundary.

The Project is within the Indio subbasin of the Coachella Valley Groundwater Basin.

Timeframe: Construction is anticipated to begin in early 2023 and to be completed by early 2024.

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 of Rancho Mirage 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) to biological resources and whether those impacts are less than significant. CDFW offers the following comments and recommendations to assist the City in adequately identifying and mitigating the Project’s significant, or potentially significant, impacts to biological resources.

CDFW’s comments and recommendations on the MND are explained in greater detail below and summarized here. The MND bases its analysis of impacts to biological resources on a report by ELMT Consulting, which conducted a baseline field assessment of the Project site on September 14, 2021 (Appendix B of the MND). CDFW is concerned about the potential for special-status species, including those not covered under the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), to occur on the Project site. The field assessment is outdated and was not conducted at the appropriate time(s) of year or using standard protocols to detect all special-status species on-site.

CDFW generally considers field assessments for wildlife to be valid for a one-year period, and assessments for rare plants may be considered valid for a period of up to three years.

Recent surveys during the appropriate times of the year are needed to inform appropriate avoidance, minimization, and mitigation measures , as well as to determine whether impacts to biological resources have been mitigated to a level that is less than significant.

Furthermore, the mitigation measures provided in the MND are not adequate to protect nesting birds.

Circulation of CEQA Documents to the State Clearinghouse

CEQA requires lead agencies to submit draft environmental impact reports (EIR), proposed negative declarations (ND), and proposed mitigated negative declarations (MND) to the State Clearinghouse (SCH) at OPR when:

 A state agency is the lead agency, a responsible agency, or a trustee agency;  A state agency otherwise has jurisdiction by law with respect to the Project; or  The proposed Project is of statewide, regional, or areawide significance.2

CEQA’s circulation, notice, and consultation requirements play a critical role in CDFW’s trustee mandate to conserve the State’s fish and wildlife resources for all the people of California.3 CDFW is concerned that the City of Rancho Mirage has not circulated its MND for this Project through the State Clearinghouse. CDFW urges lead agencies to ensure environmental analyses are submitted to the State Clearinghouse as required by CEQA.

Complying with these requirements, along with CEQA’s responsible and trustee agency

2 The “CEQA Guidelines” are found in Title 14 of the Calif ornia Code of Regulations, commencing with section 15000. See CEQA Guidelines, §§ 15205, subd. (b), 15206, subd. (b)(1)-(7).) 3 Fish & G. Code, §§ 711.7, 1802.
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Pilar Lopez, Associate Planner
City of Rancho Mirage
January 10, 2023

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notice and consultation requirements, helps to ensure responsible and trustee agency input from CDFW during lead agency environmental review.

For more information about the state environmental review process generally and State Clearinghouse procedures, download the State Clearinghouse Handbook. You may also contact the State Clearinghouse by phone at (916) 445-0613 or email at [email protected]. OPR’s November 2005 Technical Advisory regarding document submittal to the State Clearinghouse may be particularly helpful to interested lead agencies.

Assessment of Impacts to Biological Resources

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: Fish and Game Code 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 dest roy 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.).

CDFW is concerned about impacts to nesting birds from ground-disturbing activities and construction. Although the MND includes Mitigation Measure (MM) BIO-1 for nesting birds, the timing and scope are insufficient to protect nesting birds. CDFW recommends the revised MND include specific avoidance and minimization measures to ensure that impacts to nesting birds do not occur. Project-specific avoidance and minimization measures may include, but are not limited to, Project phasing and timing, monitoring of Project-related noise (where applicable), sound walls, and buffers, where appropriate.

CDFW recommends that disturbance of occupied nests of migratory birds and raptors within the Project site be avoided any time birds are nesting on-site. Preconstruction nesting bird surveys shall be performed within 3 days prior to Project activities to determine the presence and location of nesting birds. CDFW recommends MM BIO-1 be revised as follows:

MM BIO-1: Avoidance of Nesting Birds

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.

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Pilar Lopez, Associate Planner
City of Rancho Mirage
January 10, 2023

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Pursuant to the CEQA Guidelines, section 15097(f), CDFW has prepared a draft mitigation monitoring and reporting program (MMRP) for proposed MM BIO-1-9 (see Attachment 1).

Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Within the Inland Deserts Region, CDFW issued Natural Community Conservation Plan Approval and Take Authorization for the CVMSHCP per Section 2800 et seq. of the California Fish and Game Code on September 9, 2008. The CVMSHCP establishes a multiple species conservation program to minimize and mitigate habitat loss and provides for the incidental take of covered species in association with activities covered under the permit. Compliance with approved habitat plans, such as the CVMSHCP, is discussed in CEQA. Specifically, Section 15125(d) of the CEQA Guidelines requires that the CEQA document discuss any inconsistencies between a proposed Project and applicable general plans and regional plans, including habitat conservation plans and natural communi ty conservation plans. An assessment of the impacts to the CVMSHCP as a result of this Project is necessary to address CEQA requirements. To obtain additional information regarding the CVMSHCP please go to: http://www.cvmshcp.org/ .

The Project occurs within the CVMSHCP area and is subject to provisions and policies of the CVMSHCP. The Project does not occur within or share a common boundary with a Conservation Area of the CVMSHCP; however, Santa Rosa and San Jacinto Mountains Conservation Area is 2.0 miles southwest of the Project and the Thousand Palms Conservation Area is 3.8 miles northeast of the Project. To be considered a covered activity, Permittees should demonstrate that proposed actions are consistent with th e CVMSHCP and its associated Implementing Agreement. The City of Rancho Mirage is the Lead Agency and a Permittee of the CVMSHCP. CDFW recommends MM BIO-2 be revised as follows:

MM BIO-2: CVMSHCP Compliance
Prior to construction and issuance of any grading permit, the City of Rancho Mirage 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.

Special-Status Plants
Based on review of the California Natural Diversity Database (CNDDB) and Biogeographic Information and Observation System (BIOS), plant species that are state and/or federally listed as endangered and plant species with California Rare Plant Ranks of 1B and 2B have the potential to occur in the Project area. The California Rare Plant Rank 1B indicates plants that are rare, threatened, or endangered in California and elsewhere, and California Rare Plant Rank 2B indicates plants that are rare, threatened, or endangered in California but more common elsewhere. Impacts to these species must be analyzed during preparation of environmental documents relating to CEQA because th ey meet the definition of rare or endangered under CEQA Guidelines §15125 (c) and/or §15380.

The MND (Appendix B, p. 157) indicates that no special-status plants were observed during the baseline habitat assessment conducted on September 14, 2021. The desktop review states 13 special-status plant species and two special-status plant communities were identified in literature and database searches within the Cathedral City quadrangle, including species not covered by the CVMSHCP. CDFW is concerned that the baseline habitat assessment was not conducted at the appropriate time(s) of year to detect all special-status plants on the Project site. CNDDB/BIOS indicates that the following special- status plants have historically occurred near the Project location: Horn’s milk-vetch (Astragalus hornii var. hornii), glandular ditaxis (Ditaxis clariana), and flat-seeded spurge (Chamaesyce platysperma). CDFW recommends that a thorough, recent, floristic-based assessment of special-status plants is completed at the appropriate time(s) of year before the City of Rancho Mirage adopts the MND. The results of this assessment should be included in a revised MND. If any rare, threatened, endangered, or other sensitive plant species are located within the Project site, CDFW recommends that the MND be revised to 7 8
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Pilar Lopez, Associate Planner
City of Rancho Mirage
January 10, 2023

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