PC Resolution 2023-014 Dune Palms Mixed-Use Project; EA 2023-0001PLANNING COMMISSION RESOLUTION 2023 - 014
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LA QUINTA, CALIFORNIA, TO ADOPT A
MITIGATED NEGATIVE DECLARATION FOR A MIXED
USE PROJECT INCLUDING A 4,778 SF CHICK-FIL-A,
3,596 SF QUICK QUACK CAR WASH AND UP TO 180
RESIDENTIAL UNITS LOCATED AT NORTHEAST
CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD
CASE NUMBER:
ENVIRONMENTAL ASSESSMENT 2023-0001
APPLICANT: BLACKPOINT PROPERTIES
WHEREAS, the Planning Commission of the City of La Quinta, California did, on
August 22, 2023, hold a duly noticed Public Hearing to consider a request by Blackpoint
Properties, to subdivide a 9.4 acre vacant lot to facilitate development of a mixed use
project consisting of 4,778 sf Chick-Fil-A restaurant and a 3,596 sf Quick Quack car
wash and up to 180 multifamily residential units located at the northeast corner of
Highway 111 and Dune Palms Road, more commonly described as:
APN 600-030-018
WHEREAS, the Design and Development Department published a public hearing
notice in The Desert Sun newspaper on August 11, 2023 as prescribed by the Municipal
Code. Public hearing notices were also mailed to all property owners within 500 feet of
the site; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did make the following mandatory findings pursuant to California
Environmental Quality Act to justify approval of said Environmental Assessment [Exhibit A]:
1. The proposed project will not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife population to
drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of rare or endangered
plants or animals, or eliminate important examples of the major periods of
California history or prehistory. Potential impacts can be mitigated to be less
than significant levels.
2. The proposed project will not result in impacts which are individually limited or
cumulatively considerable when considering planned or proposed
development in the immediate vicinity. Potential impacts can be mitigated to
be less than significant.
PLANNING COMMISSION RESOLUTION 2023-014
ENVIRONMENTAL ASSESSMENT 2023 0001
PROJECT DUNE PALMS MIXED USE PROJECT
ADOPTED AUGUST 22 2023
Page 2 of 2
3 The proposed project will not have environmental effects that will adversely
affect the human population either directly or Indirectly Potential Impacts can
be mitigated to be less than significant
NOW THEREFORE BE IT RESOLVED by the Planning Commission of the City
of La Quinta California as follows
SECTION 1 That the above recitations are true and constitute the Findings of the
Planning Commission in this case
SECTION 2 That the Planning Commission hereby does recommend adoption of
Environmental Assessment 2023 0001 with mitigation measures Incorporated [Exhibit A]
PASSED APPROVED and ADOPTED at a regular meeting of the City of La
Quinta Planning Commission held on August 22 2023 by the following vote
AYES Commissioners Guerrero Hassett Hemandez Tyerman I McCune
and Chairperson Nieto
NOES None
ABSENT Commissioner Caldwell
ABSTAIN None
<� �. -Flo
STEPHEN T NIETO Chairperson
City of La Quinta California
ATTEST
DANNY CASTRCO Design and Development Director
City of La Quinta California
PLANNING COMMISSION RESOLUTION 2023-014 - EXHIBIT A
ADOPTED: AUGUST 22, 2023
ta Qub&(V
GEM of the DESERT
ENVIRONMENTAL INITIAL
STUDYNITIGATED NEGATIVE
DECLARATION
DUNE PALMS MIXED USE PROJECT
RESPONSES TO COMMENTS RECEIVED DURING PUBLIC
REVIEW PERIOD
MITIGATION MONITORING PROGRAM
Environmental Assessment 2023-0001
Tentative Parcel Map TPM 2023-0001
Minor Use Permit 2023-0001
Site Development Permit 2023-0003
Minor Adjustment 2023-0001
Blackpoint Project
Response to Comments
Page 1 of 18
Response to Comments
Blackpoint Project
Highway 111 and Dune Palms
The City received a comment letter from the California Department of Fish and Wildlife
on the Initial Study for the project proposed at the northeast corner of Highway 111 and
Dune Palms. The following provides a response to this letter. The comments do not
necessitate any changes to the Initial Study/Mitigated Negative Declaration (MND), nor
was new information which would significantly increase any Project impact provided by
the commenter. The letter is attached as Appendix A.
The City also received letters (also included in Appendix A) from the Agua Caliente Band
of Cahuilla Indians (ACBCI) and Sunline Transit. The ACBCI letter simply requested a
meeting with the City, and provides no comments on the Initial Study. The Sunline letter
made suggestions regarding transit -friendly design, and also provided no comments on
the Initial Study.
California Department of Fish and Wildlife
Letter dated August 2, 2023
Comment 1: The California Department of Fish and Wildlife (CDFW) received a
Mitigated Negative Declaration (MND) from the City of La Quinta (City)
for the Project pursuant to the California Environmental Quality Act
(CEQA) and CEQA guidelines.
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.
Blackpoint Project
Response to Comments
Page 2 of 18
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: Dune Palms Mixed Use Project
Objective: The Project proposes the development of an approximately
9.4 -acre site in La Quinta, California. The Project proposes 4.3 acres of
commercial development and 5.1 acres of residential development. The
residential portion would be composed of approximately 180 units and
would be developed by a third party. The commercial component of the
development will consist of a drive-through quick serve restaurant and a
car wash. The commercial component is expected to be developed first,
while the residential component will be developed at a later date. The
Project proposes commercial buildings no more than 31 feet and six
inches tall. While the height of the potential residential buildings is not
yet known, they would likely be two to three stories tall and would not
exceed the maximum height permitted in the zone. The Project is
located adjacent to the Whitewater River to the north. The Project
proposes the construction of a drainage basin in the southeastern corner
of the property. This basin will accept and treat drainage from the half
widths of Dune Palms Road and Highway 111. The Project proposes the
addition of a storm drain on the east side of the site to convey street
drainage to the Whitewater River in high flow conditions. All outdoor
lights, including parking lot lighting, will be required to be fully shielded
to minimize light pollution. The commercial buildings would be set back
from Highway 111 by 50 feet of landscaping and an additional 50 feet of
drive through aisles. Landscaping will include drought tolerant
vegetation.
Location: The proposed Project is located at the northeast corner of
Highway 111 and Dune Palms Road in the City of La Quinta (City), in
Riverside County, California. The Project site encompasses Assessor's
Parcel No. 600-030-018. The Project is located within the Coachella
Valley Multiple Species Habitat Conservation Plan (CVMSHCP) Area
and outside of a Conservation Area.
Blackpoint Project
Response to Comments
Page 3 of 18
Timeframe: The MND proposes Project construction activities over a
2.5 -year period. The commercial component is expected to be
developed first, while the residential component will be developed at a
later date.
Response 1: The comment provides only descriptive narrative, and requires no
response.
Comment 2: COMMENTS AND RECOMMENDATIONS
CDFW has jurisdiction over the conservation, protection, and
management of fish, wildlife, native plants, and habitat necessary for
biologically sustainable populations of those species (i.e., biological
resources). CDFW offers the comments and recommendations below to
assist the City in adequately identifying and/or mitigating the Project's
significant, or potentially significant, direct and indirect impacts on fish
and wildlife (biological) resources. The MND has not adequately
identified and disclosed the Project's impacts (i.e., direct, indirect, and
cumulative) on biological resources and whether those impacts are
reduced to less than significant.
CDFW's comments and recommendations on the MND are explained in
greater detail below and summarized here. CDFW is concerned that the
MND does not adequately identify or mitigate the Project's significant, or
potentially significant, impacts to biological resources. CDFW also
concludes that the MND lacks sufficient information to facilitate a
meaningful review by CDFW, including a complete and accurate Project
description. CDFW requests that additional information and analyses be
added to a revised MND, along with avoidance, minimization, and
mitigation measures that avoid or reduce impacts to less than significant.
Project Description
Compliance with CEQA is predicated on a complete and accurate
description of the proposed Project. Without a complete and accurate
Project description, the MND likely provides an incomplete assessment
of Project -related impacts to biological resources. CDFW has identified
gaps in information related to the Project description.
The MND lacks a discussion of plans for artificial nighttime lighting.
CDFW requests that the MND is revised to include design plans for
artificial nighttime lightning and lightning specifications. Artificial
nighttime lighting can negatively impact biological resources in a variety
of ways as discussed in the Artificial Nighttime Lightning section below.
To conduct a meaningful review and provide biological expertise on how
to protect fish and wildlife resources, CDFW requires a complete and
accurate Project description.
Blackpoint Project
Response to Comments
Page 4 of 18
Response 2: The Initial Study (IS) contains a description of Project lighting, and the
requirements of the Municipal Code for screening and cut-off fixtures to
limit lighting to the Project site and eliminate spillage onto adjacent
properties on page 17. The IS correctly concludes that impacts
associated with lighting will be less than significant. This is the
appropriate location for such a discussion, to answer the checklist's
question in the Aesthetics section. It must also be pointed out that the
Project occurs in the middle of La Quinta's commercial corridor on
Highway 111, an area already impacted by commercial lighting. The
potential for impacts to wildlife from the Project's fully screened lighting
fixtures in this already impacted environment is negligible.
Comment 3: Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or
reduce significant impacts. CDFW is concerned that the mitigation
measures proposed in the MND are not adequate to avoid or reduce
impacts to biological resources to below a level of significance. To
support the City in ensuring that Project impacts to biological resources
are reduced to less than significant, CDFW recommends adding
mitigation measures for artificial nighttime lightning, CVMSHCP
compliance, and CDFW's Lake and Streambed Alteration Program, as
well as revising the mitigation measures for an assessment of biological
resources, nesting birds, and burrowing owl.
Response 3: The comment is noted. Individual responses are provided in the
responses below, and demonstrate that the Initial Study thoroughly
analyzes impacts, and that mitigation measures will reduce the impacts
to biological resources to less than significant levels.
Comment 4: Assessment of Biological Resources
Page 28 of the Project's Biological Resources Assessment dated
December 20, 2022 (Biological Assessment), indicates that "fourteen
special status plant species not covered by the CVMSHCP have
potential to occur onsite: chaparral sand -verbena, Borrego milk -vetch,
gravel milk -vetch, glandular ditaxis, California ditaxis, Abram's spurge,
Arizona spurge, flat -seeded spurge, Newberry's velvet -mallow, ribbed
cryptantha, Torrey's box -thorn, slender cottonheads, narrow -leaved
sandpaper plant, and purple stemodia." Page 8 of the Biological
Assessment indicates that a field assessment was conducted on
November 21, 2022, between 1240 and 1400, and that "pedestrian
transects were walked around and through the site." The single field
assessment was conducted outside of the bloom period for many of the
special status plant species that have the potential to occur on the
Blackpoint Project
Response to Comments
Paae 5 of 18
Project site. CDFW recommends that the City include in a revised MND
the results of a thorough floristic -based assessment of special -status
plants and natural communities performed by a qualified biologist and
following CDFW's Protocols for Surveying and Evaluating Impacts to
Special -Status Native Plant Populations and Natural Communities
(CDFW 2018 or most recent version). Based on findings from a recent
floristic -based assessment, CDFW recommends that the MND is
revised to include an analysis of direct, indirect, and cumulative impacts
to biological resources and identification of appropriate avoidance,
minimization, and mitigation measures. Further, page 25 of the
Biological Assessment indicates that Coachella Valley milk -vetch
(Astragalus lentiginosus var. coachellae) and Mecca aster (Xylorhiza
cognata), both Covered Species under the Coachella Valley Multiple
Species Habitat Conservation Plan (CVMSHCP), have the potential to
occur on the Project site. CDFW also recommends that focused surveys
include any CVMSHCP Covered Species that have the potential to occur
onsite, as discussed in the CVMSHCP section below.
Recent and complete information on biological resources; analysis of a
Project's direct, indirect, and cumulative impacts; and appropriate
avoidance, minimization, and mitigation measures support the City in
demonstrating that Project impacts to biological resources are avoided
or reduced to less than significant. Although the MND includes Mitigation
Measure BIO -1, CDFW considers the measure to be inadequate in
scope and timing to reduce impacts to less than significant. CDFW
recommends that the City revise Mitigation Measure BIO -1 with the
following additions in bold and removals in strikethrough:
Mitigation Measure BIO -1: Assessment of Biological Resources
Prior to Project construction activities for all development phases
of the Project, a thorough floristic -based assessment of special -
status plants and natural communities, following CDFW's
Protocols for Surveying and Evaluating Impacts to Special -Status
Native Plant Populations and Natural Communities (CDFW 2018 or
most recent' �v,�er�s'i'on) shall be performed by a qualified biologist. A
preco r uc+�Ysurvey recommended for -specialLatus plantif
populations of any of the species identified in till. Biological Resources
�.�rc�-uti�r-rcrrr�a--rr-r mar-
Assessment _are detected on the site during the survey, the plants
during -�' r� � cn ° � � �r�rrc,T,
topsoil and/or seed should he salvaged and translocated to a site with
vara --per. salvaged z�.a-cv--a �r�z,-vvrcr-r
long term conservation value.
Response 4: The comment is noted, but the change requested by the commenter is
insubstantial and does not change the intent or the effectiveness of the
existing mitigation measure. The mitigation measure as written requires
Blackpoint Project
Response to Comments
Page 6 of 18
a thorough assessment, and the salvaging and translocation of any
significant population of plant species identified on the site. The
mitigation measure is effective, and requires no amendment.
Comment 5: Nesting Birds
It is the Project proponent's responsibility to comply with all applicable
laws related to nesting birds and birds of prey. Fish and Game Code
sections 3503, 3503.5, and 3513 afford protective measures as follows:
section 3503 states that it is unlawful to take, possess, or needlessly
destroy the nest or eggs of any bird, except as otherwise provided by
Fish and Game Code or any regulation made pursuant thereto. Fish and
Game Code section 3503.5 makes it unlawful to take, possess, or
destroy any birds in the orders Falconiformes or Strigiformes (birds -of -
prey) or to take, possess, or destroy the nest or eggs of any such bird
except as otherwise provided by Fish and Game Code or any regulation
adopted pursuant thereto. Fish and Game Code section 3513 makes it
unlawful to take or possess any migratory nongame bird except as
provided by rules and regulations adopted by the Secretary of the
Interior under provisions of the Migratory Bird Treaty Act of 1918, as
amended (16 U.S.C. § 703 et seq.).
Page 9 of the Biological Assessment indicates that the site contains
small areas with "desert saltbush scrub, Sonoran creosote bush scrub,
and mesquite hummocks," which are suitable habitat for nesting birds.
Table 6 of the Biological Assessment identifies a number of birds that
have the potential to nest onsite, including black -tailed gnatcatcher
(Polioptila melanura). The MND includes Mitigation Measure BIO -3,
which indicates that "either project -related disturbance during the
nesting season (1 February to 31 August) must be avoided, or nesting
bird surveys must be conducted by a qualified ornithologist or biologist
immediately prior to site disturbance during the nesting season." CDFW
recommends that disturbance of occupied nests of migratory birds and
raptors within the Project site and surrounding area be avoided any time
birds are nesting on-site. CDFW considers the Mitigation Measure 610-
3 to be insufficient in scope and timing to reduce impacts to nesting birds
to less than significant.
CDFW recommends the City revise Mitigation Measure BIO -3, with
additions in bold and removals in strikethrough:
Mitigation Measure BIO -3: Nesting Birds
Regardless of the time of year, nesting bird surveys shall be
performed by a qualified avian biologist no more than 3 days prior
Blackpoint Project
Response to Comments
Paae 7 of 18
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.
Either project_ related disturbance during the nesting season (1 Febri iary
to 21 August) fist) must he avoided, or nesting bird surveys must he
conducted by a qualified ornithologist or biologist immediately prior to
site disturbance during the nesting season If an active nest is detected,
a buffer must he established around it and no work would he permitted
n t area near tl-I-e nes�T it young have fledged Whi-i-e-there is no
established ppr ootocolf� ooh _nest avoidance, the CDFW nenL� eraiiy
recommends avoidance buffers of about 5.00 feet for birds _of_prey and
listed species, and 100 00 feet forte unlistedbirr as
Response 5: Nesting birds are protected under the MBTA, and the IS correctly cites
its requirements and implements them through the mitigation measure.
The commenter asserts that the mitigation measure is insufficient, but
provides no substantial evidence that this is indeed the case. La Quinta,
and the Coachella Valley, occur in a desert environment. Nesting
season is necessarily limited due to this environment. The mitigation
measure requires nesting surveys if construction is to begin during 8 of
the 12 months in a year, when nesting will occur. The mitigation
measure also cites the commenter's own recommended buffers. As
described in the IS, the impacts to nesting birds will be effectively
mitigated with implementation of Mitigation Measure BIO -3. No change
is necessary or warranted.
Blackpoint Project
Response to Comments
Page 8 of 18
Comment 6: Burrowing Owl
Burrowing owl (Athene cunicularia) is a California Species of Special
Concern. Take of individual burrowing owls and their nests is defined
by Fish and Game Code section 86, and prohibited by sections 3503,
3503.5, and 3513. Fish and Game Code section 3513 makes it unlawful
to take or possess any migratory nongame bird except as provided by
rules and regulations adopted by the Secretary of the Interior under
provisions of the Migratory Bird Treaty Act of 1918, as amended (16
U.S.C. § 703 et seq.). Take is defined in Fish and Game Code section
86 as "hunt, pursue, catch, capture or kill, or attempt to hunt, pursue,
catch, capture or kill."
Regarding the suitability of habitat for burrowing owl, page 28 of the
Biological Assessment indicates that "marginal habitat is present onsite
for the owl, but the isolated nature of the site and limited burrowing
opportunities observed make the possibility of occurrence quite low."
Page 3 of the MND states that the Project site is "vacant and
undeveloped, with sparse vegetation." Recent aerial imagery on
Google Earth PRO shows the site contains bare soil across much of
the Project site with a sparce cover of shrubs. In California, preferred
habitat for burrowing owl is generally typified by short, sparse
vegetation with few shrubs, level to gentle topography and well -drained
soils. Grassland, shrub steppe, and desert are naturally occurring
habitat types used by the species. In addition, burrowing owls may
occur in some agricultural areas, ruderal grassy fields, vacant lots and
pastures if the vegetation structure is suitable and there are useable
burrows and foraging habitat in proximity.3 The Project site contains
habitat suitable for burrowing and foraging activities for burrowing owl.
Unprocessed data from California Natural Diversity Database indicate
burrowing owl pairs using burrows within 0.55 miles to the east of the
Project site, and burrowing owls have been observed within the
Whitewater River both upstream and downstream of the Project site by
other development projects including the CV Link Project.
Regarding surveys for burrowing owl, page 8 of the Biological
Assessment indicates that a single field assessment was conducted on
November 21, 2022, from 1240 to 1400 and that "pedestrian transects
were walked around and through the site." The Biological Assessment
lacks details on if the single field assessment included a habitat
assessment for burrowing owl and if the habitat assessment covered
the entire Project area and an appropriate buffer area within the
adjacent Whitewater River. The Staff Report on Burrowing Owl
Mitigation (CDFG 20124) recommends that a habitat assessment for
burrowing owl includes conducting at least one visit covering the entire
Blackpoint Project
Response to Comments
Page 9 of 18
potential project/activity area including areas that will be directly or
indirectly impacted by the project. Additionally, the Biological
Assessment lacks detailed results from the field assessment
concerning burrowing owl, including but not limited to the locations of
suitable burrows and burrowing owl sign, within the Project site and an
appropriate buffer area within the adjacent Whitewater River. Results
of the field assessment are limited to a description of the site containing
"limited burrowing opportunities" (page 28 of the Biological
Assessment) and several photos of potential burrow surrogates located
onsite (Appendix 4 of the Biological Assessment). The single field
assessment was also conducted in November during the non breeding
season for burrowing owl. The Staff Report on Burrowing Owl Mitigation
indicates that it is most effective to conduct breeding and non -breeding
season surveys. CDFW recommends that the City follow the
recommendations and guidelines provided in the Staff Report on
Burrowing Owl Mitigation. The Staff Report on Burrowing Owl Mitigation,
specifies three steps for project impact evaluations for burrowing owl:
• A habitat assessment;
• Surveys; and
• An impact assessment
As stated in the Staff Report on Burrowing Owl Mitigation, the three
progressive steps are effective in evaluating whether a project will result
in impacts to burrowing owls, and the information gained from the steps
will inform any subsequent avoidance, minimization, and mitigation
measures. Habitat assessments are conducted to evaluate the likelihood
that a site supports burrowing owl. Burrowing owl surveys provide
information needed to determine the potential effects of proposed projects
and activities on burrowing owls, and to avoid take in accordance with Fish
and Game Code sections 86, 3503, and 3503.5. Impact assessments
evaluate the extent to which burrowing owls and their habitat may be
impacted, directly or indirectly, on and within a reasonable distance of a
proposed CEQA project activity or non-CEQA project.
CDFW recommends that the MND is revised to include recent findings of
a burrowing owl habitat assessment covering the entire Project site and
appropriate buffer within the Whitewater River, focused surveys, and an
impact assessment. If occupied burrows are located within or near the
Project site, including the Whitewater River located to the north of the
Project site, avoidance, minimization, and mitigation measures need to be
identified in the MND to support the Project applicant in avoiding the
unlawful take of burrowing owls and their nests and eggs.
Blackpoint Project
Response to Comments
Paqe 10 of 18
Although the MND includes Mitigation Measure 13I0-2 for burrowing owls,
CDFW considers the measure to be insufficient in scope and timing to
reduce impacts to less than significant. CDFW recommends that the City
revise Mitigation Measure 13I0-2, with the following additions in bold and
removals in strikethrough:
Mitigation Measure BIO -2: Burrowing Owl Surveys
No less than 60 days prior to the start of Project -related activities, a
burrowing owl habitat assessment shall be conducted by a qualified
biologist according to the specifications of the Staff Report on
Burrowing Owl Mitigation (Department of Fish and Game, March
2012 or most recent version).
If the habitat assessment demonstrates suitable burrowing owl
habitat, then focused burrowing owl surveys shall be conducted by
a qualified biologist according to the Staff Report on Burrowing Owl
Mitigation. If burrowing owls are detected during the focused
surveys, the qualified biologist and Project proponent shall prepare
a Burrowing Owl Plan that shall be submitted to CDFW for review
and approval prior to commencing Project activities. The Burrowing
Owl Plan shall describe proposed avoidance, minimization,
mitigation, and monitoring actions. The Burrowing Owl Plan shall
include the number and location of occupied burrow sites, acres of
burrowing owl habitat that will be impacted, details of site
monitoring, and details on proposed buffers and other avoidance
measures if avoidance is proposed. If impacts to occupied
burrowing owl habitat or burrow cannot be avoided, the Burrowing
Owl Plan shall also describe minimization and relocation actions that
will be implemented. Proposed implementation of burrow exclusion
and closure should only be considered as a last resort, after all other
options have been evaluated as exclusion is not in itself an
avoidance, minimization, or mitigation method and has the
possibility to result in take. If impacts to occupied burrows cannot
be avoided, information shall be provided regarding adjacent or
nearby suitable habitat available to owls along with proposed
relocation actions. The Project proponent shall implement the
Burrowing Owl Plan following CDFW and USFWS review and
approval.
Preconstruction burrowing owl surveys shall be conducted no less
than 14 days prior to the start of Project -related activities and within
24 hours prior to ground disturbance, in accordance with the Staff
Report on Burrowing Owl Mitigation (2012 or most recent version).
Blackpoint Project
Response to Comments
Paqe 11 of 18
Preconstruction surveys should be performed by a qualified
biologist following the recommendations and guidelines provided in
the Staff Report on Burrowing Owl Mitigation. If the preconstruction
surveys confirm occupied burrowing owl habitat, Project activities
shall be immediately halted. The qualified biologist shall coordinate
with CDFW and prepare a Burrowing Owl Plan that shall be
submitted to CDFW and USFWS for review and approval prior to
commencing Project activities. Two burrowing owl take avoida
surveys should be conducted On line with CDFW protocols for burro inrr
owls. The fiti.- irs survey should- occur between 14 and 30 days nri�rrv� inv
Project related ground disturbance and the second � vithin `2 hours of
�� vJ��. cc. and r� J�cvr ra--vvrcr rrr � �rvarsvr
ground disturbance. 4voidance or relocation measures should
undertaken_ On consultation with CDFW if species is identified on the
T TT�V flTl CDFW -1� GG�GJIT7LlGITlll fliQ -011 -clivi
site and buffers establisher! as required
0
Response 6: The comment is noted. However, contrary to the commenter's
statement, the biological resource report clearly states that the entire
site was surveyed, including walking "around and through the site."
(page 8) The biological report further provides a habitat assessment:
"Marginal habitat is present onsite for the owl, but the isolated nature of
the site and limited burrowing opportunities observed make the
possibility of occurrence quite low." (page 28) Furthermore, despite this
low likelihood of occurrence, the biologist recommended pre -
construction surveys to assure that no impacts to the species occur. In
addition, Mitigation Measure 13I0-2 clearly states that the CDFW's
protocols are to be employed in performing the surveys, and that
avoidance and relocation measures must include consultation with
CDFW if the species is identified in those surveys. Mitigation Measure
13I0-2 is effective as written, and will assure that impacts to burrowing
owl, should they occur at the time of construction, would be reduced to
less than significant levels.
Comment 7: Artificial Nighttime Lighting
Page 17 of the MND indicates that "all outdoor lights, including parking
lot lighting, will be required to be fully shielded to minimize light
pollution. The Project proponent will be required to submit a photometric
lighting plan, which will be reviewed by the City as part of the entitlement
process. This will ensure that no new sources of light would adversely
affect daytime or nighttime views in the area. While the proposed
buildings would introduce potential sources of glare into the area, this
glare would not be expected to exceed levels typical of surrounding
developments. Given that any light and glare emitted by the Project is
expected to be similar to that of surrounding commercial developments,
and that the Project will be required to comply with the City's regulations
Blackpoint Project
Response to Comments
Page 12 of 18
regarding outdoor lighting, impacts are expected to be less than
significant." The MND lacks additional details on the Project's lighting
plans and lighting specifications. CDFW requests that the MND is
revised to include the Project's lightning plans and lightning
specifications to be used during Project construction activities and long-
term operations of the Project to allow CDFW to conduct a meaningful
review and provide biological expertise on activities that have the
potential to adversely affect fish and wildlife resources.
Additionally, because the Project is located adjacent to the Whitewater
River, an area that supports habitat for nesting birds including
burrowing owl (see Burrowing Owl section), migratory birds that fly at
night, bats, and other nocturnal and crepuscular wildlife, CDFW
recommends the MND is revised to include an analysis of the direct,
indirect, and cumulative impacts of artificial nighttime lighting expected
to adversely affect biological resources within the adjacent Whitewater
River. Artificial nighttime lighting often results in light pollution, which
has the potential to significantly and adversely affect fish and wildlife.
Artificial lighting alters ecological processes including, but not limited
to, the temporal niches of species; the repair and recovery of
physiological function; the measurement of time through interference
with the detection of circadian and lunar and seasonal cycles; and the
detection of resources and natural enemies; and navigation.5 Many
species use photoperiod cues for communication (e.g., bird song6),
determining when to begin foraging, behavioral thermoregulation, and
migration.10 Phototaxis, a phenomenon that results in attraction and
movement towards light, can disorient, entrap, and temporarily blind
wildlife species that experience it.
To support City in avoiding or reducing impacts of artificial nighttime
lighting on biological resources to less than significant, CDFW
recommends that City add to a revised MND the following mitigation
measure:
Mitigation Measure BIO -[A]: Artificial Nighttime Lighting
Throughout construction and the lifetime operations of the
Project, the Project Sponsor and City of La Quinta shall eliminate
all nonessential lighting throughout the Project area and avoid or
limit the use of artificial light at night during the hours of dawn and
dusk when many wildlife species are most active. The City of La
Quinta shall ensure that all lighting for the Project is fully shielded,
cast downward, reduced in intensity to the greatest extent, and
does not result in lighting trespass including glare into
surrounding areas including the Whitewater River or upward into
Blackpoint Project
Response to Comments
Page 13 of 18
the night sky (see the International Dark -Sky Association
standards at http://darksky.org ). The City of La Quinta shall
ensure use of LED lighting with a correlated color temperature of
3,000 Kelvins or less, proper disposal of hazardous waste, and
recycling of lighting that contains toxic compounds with a
qualified recycler.
Response 7: The site occurs in an urban environment, completely surrounded by
streets and existing commercial development. There will be no
significant increase in light as a result of the Project, nor will light levels
on the site be any greater than those of surrounding existing urban
uses. The commenter provides no substantial evidence that light will
impact any species, let alone a protected species. No mitigation is
required.
Comment 8: Coachella Valley Multiple Species Habitat Conservation Plan
Page 25 of the Biological Assessment indicates that "of the remaining
33 species which have some occurrence potential, eight are fully
covered and conserved through participation in the CVMSHCP:
Coachella Valley milk -vetch, Mecca -aster, Coachella giant sand
treader cricket, flat -tailed horned lizard, Coachella Valley fringe -toed
lizard, western yellow bat, Palm Springs pocket mouse, and Coachella
Valley (Palm Springs) round -tailed ground squirrel. Since potential
impacts to these nine species will be mitigated through participation in
the CVMSHCP they will also not be discussed further." The City of La
Quinta, as a Local Permittee under the CVMSHCP, receives coverage
for the incidental take of Covered Species for Covered Activities. Within
the CVMSHCP Plan Area and outside of a Conservation Area, Local
Permittees have obligations concerning the protection of Covered
Species. Per CVMSHCP Section 6.6.1 (Obligations of Local
Permittees), within and outside conservation areas, Local Permittees
must "ensure compliance for public and private projects with all
applicable Requirement Measures in Section 4.4," and "on parcels
approved for Development, the Permittees shall encourage the
opportunity to salvage Covered sand -dependent species in
accordance with the Implementation Manual." CDFW recommends the
City of La Quinta consult with the Coachella Valley Conservation
Commission, the Implementing Entity for the CVMSHCP, on its
obligations to avoid and minimize impacts to Covered Species within
the Project area. CDFW also recommends that the MND and its
supporting documents such as the Biological Assessment are revised
to include the findings from focused surveys documenting the presence
of any CVMSHCP Covered Species within the Project site and
surrounding buffer and any applicable avoidance and minimization
measures that are required under the CVMSHCP.
Blackpoint Project
Response to Comments
Paqe 14 of 18
To document the City's obligation as a Local Permittee under the
CVMSHCP to impose a local development mitigation fee for this
Project, CDFW recommends the City add the following mitigation
measure to a revised MND:
Mitigation Measure BIO -[B]: CVMSHCP Compliance
Prior to construction and issuance of any grading permit, the City
of La Quinta 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 and transfer of revenues to the Coachella Valley
Conservation Commission.
Response 8: As clearly stated in the Initial Study, the payment of the MSHCP
development fee is a requirement of the City, and will be imposed on
the Project. As allowed under CEQA, there is no need to provide a
mitigation measure for a standard requirement imposed by the City. No
change to the Initial Study is required.
Comment 9: With regard to the City's obligation to encourage the opportunity to
salvage Covered sand -dependent species, CDFW recommends the
City include in a revised MND a mitigation measure on the preparation
of a plan for salvaging sand -dependent Covered Species. CDFW
recommends the following mitigation measure be added to a revised
MND:
Mitigation Measure BIO -[C]: Salvage of Sand -Dependent Covered
Species Prior to construction and issuance of any grading permit,
the City of La Quinta shall prepare and submit to the California
Department of Fish and Wildlife and the U.S. Fish and Wildlife
Service, for review and approval, a plan to salvage sand -
dependent CVMSHCP Covered Species within the Project area.
The plan shall be prepared by a qualified biologist experienced in
surveying for and handling sand- dependent Covered Species.
The plan shall include, but not be limited to, the species-specific
salvage methods and timing for each sand -dependent Covered
Species identified within the Project site and the location(s) where
each species will be translocated. Only qualified biologist(s) with
appropriate state and federal permits to handle special -status
species shall carry out salvage activities.
Blackpoint Project
Response to Comments
Page 15 of 18
Response 9: Contrary to the commenter's implication, the MSHCP does not require
the salvage of sand -dependent species, and there is no evidence that
substantial populations of sand -dependent species occur on this highly
disturbed site surrounded by existing infrastructure and development.
The commenter provides no substantial evidence that such
concentrations occur, or that any impact will occur. Since the MSHCP
does not require it, no evidence of a significant impact has been
provided and the City is not required to salvage sand -dependent
species under the Plan, there is no need for a mitigation measure.
Comment 10: CDFW Lake and Streambed Alteration Program
Fish and Game Code section 1602 requires an entity to notify CDFW
prior to commencing any activity that may do one or more of the
following: substantially divert or obstruct the natural flow of any river,
stream or lake; substantially change or use any material from the bed,
channel or bank of any river, stream, or lake; or deposit debris, waste
or other materials that could pass into any river, stream or lake. Note
that "any river, stream or lake" includes those that are episodic (i.e.,
those that are dry for periods of time) as well as those that are perennial
(i.e., those that flow year-round). This includes ephemeral streams,
desert washes, and watercourses with a subsurface flow.
It may also apply to work undertaken within the flood plain of a body of
water.
Page 52 of the MND indicates that the Project "proposes the addition
of a storm drain on the east side of the site to convey drainage from the
retention basin at the southeast corner of the site to the Whitewater
River in high flow conditions." Page 53 of the MND further indicates that
"according to the Hydrology Report, runoff on the subject site will flow
into the retention basin, and will enter a storm drain in the shared drive
aisle on the eastern side of the site, which will discharge into the
Whitewater River. The Whitewater River is an engineered drainage
channel designed for 100 -year storm runoff. The storm drain proposed
by the Project will also be sized to accommodate the 100 -year storm."
The MND does not indicate if the applicant will notify CDFW per Fish
and Game Code section 1602. Based on information provided in the
MND, the construction of the outlet of the proposed storm drain into the
Whitewater River may result in substantially changing material on the
bank of the Whitewater River. CDFW recommends the Project
proponent notify CDFW per Fish and Game Code section 1602.
Accordingly, CDFW recommends the City add the following mitigation
measure to a revised MND:
Blackpoint Project
Response to Comments
Page 16 of 18
Mitigation Measure BIO -[D]: CDFW Lake and Streambed Alteration
Program
Prior to construction and issuance of any grading permit, the
Project Sponsor shall obtain written correspondence from the
California Department of Fish and Wildlife (CDFW) stating that
notification under section 1602 of the Fish and Game Code is not
required for the Project, or the Project Sponsor should obtain a
CDFW-executed Lake and Streambed Alteration Agreement,
authorizing impacts to Fish and Game Code section 1602
resources associated with the Project.
Response 10: The outfall into the Whitewater River exists today, and was sized and
permitted to allow for drainage from this property and the property to
the east to overflow into the Channel at this location. Because this is an
existing permitted outfall, the Project will not be required to secure a
1602 Agreement, and no mitigation is required.
Comment 11: Landscaping
Page 17 of the MND indicates that the Project landscaping will "drought
tolerant vegetation, as required by the Coachella Valley Water District
and City's landscaping ordinance, and shade -providing trees." The
MND lacks additional details on landscaping plans and the plant
species proposed for landscaping. To ameliorate the water demands
of this Project, CDFW recommends incorporation of water -wise
concepts in any Project landscape design plans. In particular, CDFW
recommends xeriscaping with locally native California species and
installing water -efficient and targeted irrigation systems (such as drip
irrigation). Native plants support butterflies, birds, reptiles, amphibians,
small mammals, bees, and other pollinators that evolved with those
plants, more information on native plants suitable for the Project
location and nearby nurseries is available at CALSCAPE:
https://calscape.org/. Local water agencies/districts and resource
conservation districts in your area may be able to provide information
on plant nurseries that carry locally native species, and some facilities
display drought -tolerant locally native species demonstration gardens.
Information on drought -tolerant landscaping and water -efficient
irrigation systems is available on California's Save our Water website:
https://saveourwater.com/. CDFW also recommends that the MND
include recommendations regarding landscaping from Section 4.0 of
the CVMSHCP "Table 4-112: Coachella Valley Native Plants
Recommended for Landscaping" (pp. 4- 180 to 4-182;
htti)s://cvmshcp.org/plan-documents/).
Blackpoint Project
Response to Comments
Page 17 of 18
Response 11: The commenter's opinion is noted, but requires no response. The City
requires that all projects comply with CVWD's drought tolerant
landscaping requirements, which include the use of low-water using
and native species.
Comment 12: ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact
reports and negative declarations be incorporated into a database
which may be used to make subsequent or supplemental
environmental determinations. (Pub. Resources Code,§ 21003, subd.
(e).) Accordingly, please report any special status species and natural
communities detected during Project surveys to the California Natural
Diversity Database (CNDDB). The CNNDB field survey form can be
filled out and submitted online at the following link:
httos://wildlife.ca.aov/Data/CNDDB/Submittinci-Data. The types of
information reported to CNDDB can be found at the following link:
httr)s://www.wildlife.ca.gov/DatalCNDDB/Plants- and -Animals.
ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife,
and assessment of environmental document filing fees is necessary.
Fees are payable upon filing of the Notice of Determination by the Lead
Agency and serve to help defray the cost of environmental review by
CDFW. Payment of the environmental document filing fee is required
in order for the underlying project approval to be operative, vested, and
final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub.
Resources Code, § 21089.)
Response 12: The comment is noted. The City has always, and will comply with both
the requirements for providing information and for the payment of fees.
Blackpoint Project
Response to Comments
Paqe 18 of 18
Appendix A
Comment Letters from:
California Department of Fish and Wildlife
Agua Caliente Band of Cahuilla Indians
Sunline Transit Agency
yeor
State of California — Natural Resources Agency GAVIN NEWSOM, Governor Hp
DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director �� m
Inland Desert Region
3602 Inland Empire Boulevard, Suite C-220
'iFp µNSP
Ontario, CA 91764
www.wildlife.ca.gov
August 2, 2023
Sent via email
Cheri Flores
Project Planner
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dune Palms Mixed Use Project (PROJECT)
Mitigated Negative Declaration (MND)
SCH# 2023070217
Dear Cheri Flores:
The California Department of Fish and Wildlife (CDFW) received a Mitigated Negative
Declaration (MND) from the City of La Quinta (City) for the Project pursuant to the
California Environmental Quality Act (CEQA) and CEQA guidelines.'
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
'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.
Conserving Cafifornia's Wifdfife Since 1870
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 2
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: Dune Palms Mixed Use Project
Objective: The Project proposes the development of an approximately 9.4 -acre site in
La Quinta, California. The Project proposes 4.3 acres of commercial development and
5.1 acres of residential development. The residential portion would be composed of
approximately 180 units and would be developed by a third party. The commercial
component of the development will consist of a drive-through quick serve restaurant and
a car wash. The commercial component is expected to be developed first, while the
residential component will be developed at a later date. The Project proposes
commercial buildings no more than 31 feet and six inches tall. While the height of the
potential residential buildings is not yet known, they would likely be two to three stories
tall and would not exceed the maximum height permitted in the zone. The Project is
located adjacent to the Whitewater River to the north. The Project proposes the
construction of a drainage basin in the southeastern corner of the property. This basin
will accept and treat drainage from the half widths of Dune Palms Road and Highway
111. The Project proposes the addition of a storm drain on the east side of the site to
convey street drainage to the Whitewater River in high flow conditions. All outdoor
lights, including parking lot lighting, will be required to be fully shielded to minimize light
pollution. The commercial buildings would be set back from Highway 111 by 50 feet of
landscaping and an additional 50 feet of drive through aisles. Landscaping will include
drought tolerant vegetation.
Location: The proposed Project is located at the northeast corner of Highway 111 and
Dune Palms Road in the City of La Quinta (City), in Riverside County, California. The
Project site encompasses Assessor's Parcel No. 600-030-018. The Project is located
within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP)
Area and outside of a Conservation Area.
Timeframe: The MND proposes Project construction activities over a 2.5 -year period.
The commercial component is expected to be developed first, while the residential
component will be developed at a later date.
COMMENTS AND RECOMMENDATIONS
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 3
CDFW has jurisdiction over the conservation, protection, and management of fish,
wildlife, native plants, and habitat necessary for biologically sustainable populations of
those species (i.e., biological resources). CDFW offers the comments and
recommendations below to assist the City in adequately identifying and/or mitigating the
Project's significant, or potentially significant, direct and indirect impacts on fish and
wildlife (biological) resources. The MND has not adequately identified and disclosed the
Project's impacts (i.e., direct, indirect, and cumulative) on biological resources and
whether those impacts are reduced to less than significant.
CDFW's comments and recommendations on the MND are explained in greater detail
below and summarized here. CDFW is concerned that the MND does not adequately
identify or mitigate the Project's significant, or potentially significant, impacts to
biological resources. CDFW also concludes that the MND lacks sufficient information to
facilitate a meaningful review by CDFW, including a complete and accurate Project
description. CDFW requests that additional information and analyses be added to a
revised MND, along with avoidance, minimization, and mitigation measures that avoid
or reduce impacts to less than significant.
Project Description
Compliance with CEQA is predicated on a complete and accurate description of the
proposed Project. Without a complete and accurate Project description, the MND likely
provides an incomplete assessment of Project -related impacts to biological resources.
CDFW has identified gaps in information related to the Project description.
The MND lacks a discussion of plans for artificial nighttime lighting. CDFW requests that
the MND is revised to include design plans for artificial nighttime lightning and lightning
specifications. Artificial nighttime lighting can negatively impact biological resources in a
variety of ways as discussed in the Artificial Nighttime Lightning section below. To
conduct a meaningful review and provide biological expertise on how to protect fish and
wildlife resources, CDFW requires a complete and accurate Project description.
Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or reduce significant
impacts. CDFW is concerned that the mitigation measures proposed in the MND are not
adequate to avoid or reduce impacts to biological resources to below a level of
significance. To support the City in ensuring that Project impacts to biological resources
are reduced to less than significant, CDFW recommends adding mitigation measures
for artificial nighttime lightning, CVMSHCP compliance, and CDFW's Lake and
Streambed Alteration Program, as well as revising the mitigation measures for an
assessment of biological resources, nesting birds, and burrowing owl.
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 4
1) Assessment of Biological Resources
Page 28 of the Project's Biological Resources Assessment dated December 20, 2022
(Biological Assessment), indicates that "fourteen special status plant species not
covered by the CVMSHCP have potential to occur onsite: chaparral sand -verbena,
Borrego milk -vetch, gravel milk -vetch, glandular ditaxis, California ditaxis, Abram's
spurge, Arizona spurge, flat -seeded spurge, Newberry's velvet -mallow, ribbed
cryptantha, Torrey's box -thorn, slender cottonheads, narrow -leaved sandpaper plant,
and purple stemodia." Page 8 of the Biological Assessment indicates that a field
assessment was conducted on November 21, 2022, between 1240 and 1400, and that
"pedestrian transects were walked around and through the site." The single field
assessment was conducted outside of the bloom period for many of the special status
plant species that have the potential to occur on the Project site. CDFW recommends
that the City include in a revised MND the results of a thorough floristic -based
assessment of special -status plants and natural communities performed by a qualified
biologist and following CDFW's Protocols for Surveying and Evaluating Impacts to
Special -Status Native Plant Populations and Natural Communities (CDFW 2018 or most
recent version). Based on findings from a recent floristic -based assessment, CDFW
recommends that the MND is revised to include an analysis of direct, indirect, and
cumulative impacts to biological resources and identification of appropriate avoidance,
minimization, and mitigation measures. Further, page 25 of the Biological Assessment
indicates that Coachella Valley milk -vetch (Astragalus lentiginosus var. coachellae) and
Mecca aster (Xylorhiza cognata), both Covered Species under the Coachella Valley
Multiple Species Habitat Conservation Plan (CVMSHCP), have the potential to occur on
the Project site. CDFW also recommends that focused surveys include any CVMSHCP
Covered Species that have the potential to occur onsite, as discussed in the CVMSHCP
section below.
Recent and complete information on biological resources; analysis of a Project's direct,
indirect, and cumulative impacts; and appropriate avoidance, minimization, and
mitigation measures support the City in demonstrating that Project impacts to biological
resources are avoided or reduced to less than significant. Although the MND includes
Mitigation Measure BIO -1, CDFW considers the measure to be inadequate in scope and
timing to reduce impacts to less than significant. CDFW recommends that the City
revise Mitigation Measure BIO -1 with the following additions in bold and removals in
strikethro irrh•
Mitigation Measure BIO -1: Assessment of Biological Resources
Prior to Project construction activities for all development phases of the Project,
a thorough floristic -based assessment of special -status plants and natural
communities, following CDFW's Protocols for Surveying and Evaluating Impacts
to Special -Status Native Plant Populations and Natural Communities (CDFW 2018
or most recent version) shall be performed by a qualified biologist. A
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 5
It is the Project proponent's responsibility to comply with all applicable laws related to
nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513
afford protective measures as follows: section 3503 states that it is unlawful to take,
possess, or needlessly destroy the nest or eggs of any bird, except as otherwise
provided by Fish and Game Code or any regulation made pursuant thereto. Fish and
Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in
the orders Falconiformes or Strigiformes (birds -of -prey) or to take, possess, or destroy
the nest or eggs of any such bird except as otherwise provided by Fish and Game Code
or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it
unlawful to take or possess any migratory nongame bird except as provided by rules
and regulations adopted by the Secretary of the Interior under provisions of the
Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).
Page 9 of the Biological Assessment indicates that the site contains small areas with
"desert saltbush scrub, Sonoran creosote bush scrub, and mesquite hummocks," which
are suitable habitat for nesting birds. Table 6 of the Biological Assessment identifies a
number of birds that have the potential to nest onsite, including black -tailed gnatcatcher
(Polioptila melanura). The MND includes Mitigation Measure BIO -3, which indicates that
"either project -related disturbance during the nesting season (1 February to 31 August)
must be avoided, or nesting bird surveys must be conducted by a qualified ornithologist
or biologist immediately prior to site disturbance during the nesting season." CDFW
recommends that disturbance of occupied nests of migratory birds and raptors within
the Project site and surrounding area be avoided any time birds are nesting on-site.
CDFW considers the Mitigation Measure BIO -3 to be insufficient in scope and timing to
reduce impacts to nesting birds to less than significant.
CDFW recommends the City revise Mitigation Measure BIO -3, with additions in bold
and removals in strikethre unh:
Mitigation Measure BIO -3: Nesting Birds
Regardless of the time of year, nesting bird surveys shall be performed by a
qualified avian biologist no more than 3 days prior to vegetation removal or
ground -disturbing activities. Pre -construction surveys shall focus on both direct
and indirect evidence of nesting, including nest locations and nesting behavior.
The qualified avian biologist will make every effort to avoid potential nest
predation as a result of survey and monitoring efforts. If active nests are found
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 6
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. €+the
3) Burrowing Owl
Burrowing owl (Athene cunicularia) is a California Species of Special Concern. Take of
individual burrowing owls and their nests is defined by Fish and Game Code section 86,
and prohibited by sections 3503, 3503.5, and 3513. Fish and Game Code section 3513
makes it unlawful to take or possess any migratory nongame bird except as provided by
rules and regulations adopted by the Secretary of the Interior under provisions of the
Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.). Take is
defined in Fish and Game Code section 86 as "hunt, pursue, catch, capture or kill, or
attempt to hunt, pursue, catch, capture or kill."
Regarding the suitability of habitat for burrowing owl, page 28 of the Biological
Assessment indicates that "marginal habitat is present onsite for the owl, but the
isolated nature of the site and limited burrowing opportunities observed make the
possibility of occurrence quite low." Page 3 of the MND states that the Project site is
"vacant and undeveloped, with sparse vegetation." Recent aerial imagery on Google
Earth PRO shows the site contains bare soil across much of the Project site with a
sparce cover of shrubs. In California, preferred habitat for burrowing owl is generally
typified by short, sparse vegetation with few shrubs, level to gentle topography and well-
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 7
drained soils.2 Grassland, shrub steppe, and desert are naturally occurring habitat types
used by the species. In addition, burrowing owls may occur in some agricultural areas,
ruderal grassy fields, vacant lots and pastures if the vegetation structure is suitable and
there are useable burrows and foraging habitat in proximity.3 The Project site contains
habitat suitable for burrowing and foraging activities for burrowing owl. Unprocessed
data from California Natural Diversity Database indicate burrowing owl pairs using
burrows within 0.55 miles to the east of the Project site, and burrowing owls have been
observed within the Whitewater River both upstream and downstream of the Project site
by other development projects including the CV Link Project.
Regarding surveys for burrowing owl, page 8 of the Biological Assessment indicates
that a single field assessment was conducted on November 21, 2022, from 1240 to
1400 and that "pedestrian transects were walked around and through the site." The
Biological Assessment lacks details on if the single field assessment included a habitat
assessment for burrowing owl and if the habitat assessment covered the entire Project
area and an appropriate buffer area within the adjacent Whitewater River. The Staff
Report on Burrowing Owl Mitigation (CDFG 20124) recommends that a habitat
assessment for burrowing owl includes conducting at least one visit covering the entire
potential project/activity area including areas that will be directly or indirectly impacted
by the project. Additionally, the Biological Assessment lacks detailed results from the
field assessment concerning burrowing owl, including but not limited to the locations of
suitable burrows and burrowing owl sign, within the Project site and an appropriate
buffer area within the adjacent Whitewater River. Results of the field assessment are
limited to a description of the site containing "limited burrowing opportunities" (page 28
of the Biological Assessment) and several photos of potential burrow surrogates located
onsite (Appendix 4 of the Biological Assessment). The single field assessment was also
z Haug, E. A., B. A. Millsap, and M. S. Martell. 1993. Burrowing owl (Speotyto cunicularia), in A. Poole and F. Gill,
editors, The Birds of North America, The Academy of Natural Sciences, Philadelphia, Pennsylvania, and The
American Ornithologists' Union, Washington, D.C., USA.
3 Gervais, J. A., D. K. Rosenberg, and L. A. Comrack. Burrowing Owl (Athene cunicularia) in Shuford, W.D. and T.
Gardali, editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and
distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western
Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento, California,
USA.
4 California Department of Fish and Game (CDFG). 2012. Staff report of burrowing owl mitigation. State of
California, Natural Resources Agency. Available for download at: http://www.dfg.ca.gov/wildlife/nongame/survev
monitor.html
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 8
conducted in November during the non breeding season for burrowing owl. The Staff
Report on Burrowing Owl Mitigation indicates that it is most effective to conduct
breeding and non -breeding season surveys. CDFW recommends that the City follow the
recommendations and guidelines provided in the Staff Report on Burrowing Owl
Mitigation. The Staff Report on Burrowing Owl Mitigation, specifies three steps for
project impact evaluations for burrowing owl:
• A habitat assessment;
• Surveys; and
• An impact assessment
As stated in the Staff Report on Burrowing Owl Mitigation, the three progressive steps
are effective in evaluating whether a project will result in impacts to burrowing owls, and
the information gained from the steps will inform any subsequent avoidance,
minimization, and mitigation measures. Habitat assessments are conducted to evaluate
the likelihood that a site supports burrowing owl. Burrowing owl surveys provide
information needed to determine the potential effects of proposed projects and activities
on burrowing owls, and to avoid take in accordance with Fish and Game Code sections
86, 3503, and 3503.5. Impact assessments evaluate the extent to which burrowing owls
and their habitat may be impacted, directly or indirectly, on and within a reasonable
distance of a proposed CEQA project activity or non-CEQA project.
CDFW recommends that the MND is revised to include recent findings of a burrowing
owl habitat assessment covering the entire Project site and appropriate buffer within the
Whitewater River, focused surveys, and an impact assessment. If occupied burrows are
located within or near the Project site, including the Whitewater River located to the
north of the Project site, avoidance, minimization, and mitigation measures need to be
identified in the MND to support the Project applicant in avoiding the unlawful take of
burrowing owls and their nests and eggs.
Although the MND includes Mitigation Measure BIO -2 for burrowing owls, CDFW
considers the measure to be insufficient in scope and timing to reduce impacts to less
than significant. CDFW recommends that the City revise Mitigation Measure BIO -2, with
the following additions in bold and removals in strikethr,,u :
Mitigation Measure BIO -2: Burrowing Owl Surveys
No less than 60 days prior to the start of Project -related activities, a burrowing
owl habitat assessment shall be conducted by a qualified biologist according to
the specifications of the Staff Report on Burrowing Owl Mitigation (Department of
Fish and Game, March 2012 or most recent version).
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 9
If the habitat assessment demonstrates suitable burrowing owl habitat, then
focused burrowing owl surveys shall be conducted by a qualified biologist
according to the Staff Report on Burrowing Owl Mitigation. If burrowing owls are
detected during the focused surveys, the qualified biologist and Project
proponent shall prepare a Burrowing Owl Plan that shall be submitted to CDFW
for review and approval prior to commencing Project activities. The Burrowing
Owl Plan shall describe proposed avoidance, minimization, mitigation, and
monitoring actions. The Burrowing Owl Plan shall include the number and
location of occupied burrow sites, acres of burrowing owl habitat that will be
impacted, details of site monitoring, and details on proposed buffers and other
avoidance measures if avoidance is proposed. If impacts to occupied burrowing
owl habitat or burrow cannot be avoided, the Burrowing Owl Plan shall also
describe minimization and relocation actions that will be implemented. Proposed
implementation of burrow exclusion and closure should only be considered as a
last resort, after all other options have been evaluated as exclusion is not in itself
an avoidance, minimization, or mitigation method and has the possibility to result
in take. If impacts to occupied burrows cannot be avoided, information shall be
provided regarding adjacent or nearby suitable habitat available to owls along
with proposed relocation actions. The Project proponent shall implement the
Burrowing Owl Plan following CDFW and USFWS review and approval.
Preconstruction burrowing owl surveys shall be conducted no less than 14 days
prior to the start of Project -related activities and within 24 hours prior to ground
disturbance, in accordance with the Staff Report on Burrowing Owl
Mitigation (2012 or most recent version). Preconstruction surveys should be
performed by a qualified biologist following the recommendations and guidelines
provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction
surveys confirm occupied burrowing owl habitat, Project activities shall be
immediately halted. The qualified biologist shall coordinate with CDFW and
prepare a Burrowing Owl Plan that shall be submitted to CDFW and USFWS for
review and approval prior to commencing Project activities.
take avendaRGe suNeys sheuld be GE)RdUGted OR line with GDFVV PFGteGGIS fGF burrowing
owls The first survey she ild en�Tvc�eeR 14 and 30 days p1 o DrejeGt related
vwr����a vurcrQc
ground disturbaRGe and the seGend within 24 hours of ground disturbaRGe. AveidanGe
or FeIOGatiOR measures should be URdertaken OR Gensultatmen with GDFW Of the spedies
0mdeRtified OR the site, and buffers established as required.
4) Artificial Nighttime Lighting
Page 17 of the MND indicates that "all outdoor lights, including parking lot
lighting, will be required to be fully shielded to minimize light pollution. The Project
proponent will be required to submit a photometric lighting plan, which will be reviewed
by the City as part of the entitlement process. This will ensure that no new sources of
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 10
light would adversely affect daytime or nighttime views in the area. While the proposed
buildings would introduce potential sources of glare into the area, this glare would not
be expected to exceed levels typical of surrounding developments. Given that any light
and glare emitted by the Project is expected to be similar to that of surrounding
commercial developments, and that the Project will be required to comply with the City's
regulations regarding outdoor lighting, impacts are expected to be less than significant."
The MND lacks additional details on the Project's lighting plans and lighting
specifications. CDFW requests that the MND is revised to include the Project's lightning
plans and lightning specifications to be used during Project construction activities and
long-term operations of the Project to allow CDFW to conduct a meaningful review and
provide biological expertise on activities that have the potential to adversely affect fish
and wildlife resources.
Additionally, because the Project is located adjacent to the Whitewater River, an area
that supports habitat for nesting birds including burrowing owl (see Burrowing Owl
section), migratory birds that fly at night, bats, and other nocturnal and crepuscular
wildlife, CDFW recommends the MND is revised to include an analysis of the direct,
indirect, and cumulative impacts of artificial nighttime lighting expected to adversely
affect biological resources within the adjacent Whitewater River. Artificial nighttime
lighting often results in light pollution, which has the potential to significantly and
adversely affect fish and wildlife. Artificial lighting alters ecological processes including,
but not limited to, the temporal niches of species; the repair and recovery of
physiological function; the measurement of time through interference with the detection
of circadian and lunar and seasonal cycles; and the detection of resources and natural
enemies; and navigation.5 Many species use photoperiod cues for communication (e.g.,
bird song6), determining when to begin foraging,' behavioral thermoregulation,$ and
migration.10 Phototaxis, a phenomenon that results in attraction and movement towards
light, can disorient, entrap, and temporarily blind wildlife species that experience it.9
5 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution
mechanistic appraisal. Biological Reviews, 88.4: 912-927.
6 Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. The Condor 108:130-
139.
7 Stone, E. L., G. Jones, and S. Harris. 2009. Street lighting disturbs commuting bats. Current Biology 19:1123-1127.
8 Beiswenger, R. E. 1977. Diet patterns of aggregative behavior in tadpoles of Bufo americanus, in relation to light and
temperature. Ecology 58:98-108.
9 Longcore, T., and C. Rich. 2004. Ecological light pollution -Review. Frontiers in Ecology and the Environment 2:191-198.
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 11
To support City in avoiding or reducing impacts of artificial nighttime lighting on
biological resources to less than significant, CDFW recommends that City add to a
revised MND the following mitigation measure:
Mitigation Measure BIO -[A]: Artificial Nighttime Lighting
Throughout construction and the lifetime operations of the Project, the Project
Sponsor and City of La Quinta shall eliminate all nonessential lighting throughout
the Project area and avoid or limit the use of artificial light at night during the
hours of dawn and dusk when many wildlife species are most active. The City of
La Quinta shall ensure that all lighting for the Project is fully shielded, cast
downward, reduced in intensity to the greatest extent, and does not result in
lighting trespass including glare into surrounding areas including the Whitewater
River or upward into the night sky (see the International Dark -Sky Association
standards at http://darksky.org/). The City of La Quinta shall ensure use of LED
lighting with a correlated color temperature of 3,000 Kelvins or less, proper
disposal of hazardous waste, and recycling of lighting that contains toxic
compounds with a qualified recycler.
5) Coachella Valley Multiple Species Habitat Conservation Plan
Page 25 of the Biological Assessment indicates that "of the remaining 33 species which
have some occurrence potential, eight are fully covered and conserved through
participation in the CVMSHCP: Coachella Valley milk -vetch, Mecca -aster, Coachella
giant sand treader cricket, flat -tailed horned lizard, Coachella Valley fringe -toed lizard,
western yellow bat, Palm Springs pocket mouse, and Coachella Valley (Palm Springs)
round -tailed ground squirrel. Since potential impacts to these nine species will be
mitigated through participation in the CVMSHCP they will also not be discussed further."
The City of La Quinta, as a Local Permittee under the CVMSHCP, receives coverage
for the incidental take of Covered Species for Covered Activities. Within the CVMSHCP
Plan Area and outside of a Conservation Area, Local Permittees have obligations
concerning the protection of Covered Species. Per CVMSHCP Section 6.6.1
(Obligations of Local Permittees), within and outside conservation areas, Local
Permittees must "ensure compliance for public and private projects with all applicable
Requirement Measures in Section 4.4," and "on parcels approved for Development, the
Permittees shall encourage the opportunity to salvage Covered sand -dependent
species in accordance with the Implementation Manual." CDFW recommends the City
of La Quinta consult with the Coachella Valley Conservation Commission, the
Implementing Entity for the CVMSHCP, on its obligations to avoid and minimize impacts
to Covered Species within the Project area. CDFW also recommends that the MND and
its supporting documents such as the Biological Assessment are revised to include the
findings from focused surveys documenting the presence of any CVMSHCP Covered
Species within the Project site and surrounding buffer and any applicable avoidance
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 12
and minimization measures that are required under the CVMSHCP.
To document the City's obligation as a Local Permittee under the CVMSHCP to impose
a local development mitigation fee for this Project, CDFW recommends the City add the
following mitigation measure to a revised MND:
Mitigation Measure BIO -[B]: CVMSHCP Compliance
Prior to construction and issuance of any grading permit, the City of La Quinta
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 and transfer of revenues to the Coachella Valley Conservation
Commission.
With regard to the City's obligation to encourage the opportunity to salvage Covered
sand -dependent species, CDFW recommends the City include in a revised MND a
mitigation measure on the preparation of a plan for salvaging sand -dependent Covered
Species. CDFW recommends the following mitigation measure be added to a revised
MND:
Mitigation Measure BIO -[C]: Salvage of Sand -Dependent Covered Species
Prior to construction and issuance of any grading permit, the City of La Quinta
shall prepare and submit to the California Department of Fish and Wildlife and the
U.S. Fish and Wildlife Service, for review and approval, a plan to salvage sand -
dependent CVMSHCP Covered Species within the Project area. The plan shall be
prepared by a qualified biologist experienced in surveying for and handling sand -
dependent Covered Species. The plan shall include, but not be limited to, the
species-specific salvage methods and timing for each sand -dependent Covered
Species identified within the Project site and the location(s) where each species
will be translocated. Only qualified biologist(s) with appropriate state and federal
permits to handle special -status species shall carry out salvage activities.
6) CDFW Lake and Streambed Alteration Program
Fish and Game Code section 1602 requires an entity to notify CDFW prior to
commencing any activity that may do one or more of the following: substantially divert or
obstruct the natural flow of any river, stream or lake; substantially change or use any
material from the bed, channel or bank of any river, stream, or lake; or deposit debris,
waste or other materials that could pass into any river, stream or lake. Note that "any
river, stream or lake" includes those that are episodic (i.e., those that are dry for periods
of time) as well as those that are perennial (i.e., those that flow year-round). This
includes ephemeral streams, desert washes, and watercourses with a subsurface flow.
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 13
It may also apply to work undertaken within the flood plain of a body of water.
Page 52 of the MND indicates that the Project "proposes the addition of a storm drain
on the east side of the site to convey drainage from the retention basin at the southeast
corner of the site to the Whitewater River in high flow conditions." Page 53 of the MND
further indicates that "according to the Hydrology Report, runoff on the subject site will
flow into the retention basin, and will enter a storm drain in the shared drive aisle on the
eastern side of the site, which will discharge into the Whitewater River. The Whitewater
River is an engineered drainage channel designed for 100 -year storm runoff. The storm
drain proposed by the Project will also be sized to accommodate the 100 -year storm."
The MND does not indicate if the applicant will notify CDFW per Fish and Game Code
section 1602. Based on information provided in the MND, the construction of the outlet
of the proposed storm drain into the Whitewater River may result in substantially
changing material on the bank of the Whitewater River. CDFW recommends the Project
proponent notify CDFW per Fish and Game Code section 1602. Accordingly, CDFW
recommends the City add the following mitigation measure to a revised MND:
Mitigation Measure BIO -[D]: CDFW Lake and Streambed Alteration Program
Prior to construction and issuance of any grading permit, the Project Sponsor
shall obtain written correspondence from the California Department of Fish and
Wildlife (CDFW) stating that notification under section 1602 of the Fish and Game
Code is not required for the Project, or the Project Sponsor should obtain a
CDFW-executed Lake and Streambed Alteration Agreement, authorizing impacts
to Fish and Game Code section 1602 resources associated with the Project.
7) Landscaping
Page 17 of the MND indicates that the Project landscaping will "drought tolerant
vegetation, as required by the Coachella Valley Water District and City's landscaping
ordinance, and shade -providing trees." The MND lacks additional details on landscaping
plans and the plant species proposed for landscaping. To ameliorate the water
demands of this Project, CDFW recommends incorporation of water -wise concepts in
any Project landscape design plans. In particular, CDFW recommends xeriscaping with
locally native California species and installing water -efficient and targeted irrigation
systems (such as drip irrigation). Native plants support butterflies, birds, reptiles,
amphibians, small mammals, bees, and other pollinators that evolved with those plants,
more information on native plants suitable for the Project location and nearby nurseries
is available at CALSCAPE: https://caiscape.org/. Local water agencies/districts and
resource conservation districts in your area may be able to provide information on plant
nurseries that carry locally native species, and some facilities display drought -tolerant
locally native species demonstration gardens. Information on drought -tolerant
landscaping and water -efficient irrigation systems is available on California's Save our
Water website: https:Hsaveourwater.com/. CDFW also recommends that the MND
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 14
include recommendations regarding landscaping from Section 4.0 of the CVMSHCP
"Table 4-112: Coachella Valley Native Plants Recommended for Landscaping" (pp. 4-
180 to 4-182; https://cvmshcp.org/plan-documents/).
ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and
negative declarations be incorporated into a database which may be used to make
subsequent or supplemental environmental determinations. (Pub. Resources Code, §
21003, subd. (e).) Accordingly, please report any special status species and natural
communities detected during Project surveys to the California Natural Diversity
Database (CNDDB). The CNNDB field survey form can be filled out and submitted
online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The
types of information reported to CNDDB can be found at the following link:
httas://www.wildlife.ca.aov/Data/CNDDB/Plants-and-Animals.
ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment
of environmental document filing fees is necessary. Fees are payable upon filing of the
Notice of Determination by the Lead Agency and serve to help defray the cost of
environmental review by CDFW. Payment of the environmental document filing fee is
required in order for the underlying Project approval to be operative, vested, and final.
(Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, §
21089.)
CONCLUSIONS
CDFW appreciates the opportunity to comment on the MND to assist the City in
identifying and mitigating Project impacts to biological resources. CDFW concludes that
the MND does not adequately identify or mitigate the Project's significant, or potentially
significant, impacts to biological resources. CDFW also concludes that the MND lacks
sufficient information for a meaningful review of impacts to biological resources,
including a complete project description. The CEQA Guidelines indicate that
recirculation is required when insufficient information in the MND precludes a
meaningful review (§ 15088.5) or when a new significant effect is identified and
additional mitigation measures are necessary (§ 15073.5). CDFW recommends that a
revised MND, including a complete Project description with lighting plans and
specifications, be recirculated for public comment. CDFW also recommends that
revised and additional mitigation measures as described in this letter be added to a
revised MND.
CDFW personnel are available for consultation regarding biological resources and
strategies to avoid and minimize impacts. Questions regarding this letter or further
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 15
coordination should be directed to Jacob Skaggs, Environmental Scientist, at
0acob.skaggs(cD_wildlife.ca.gov.
Sincerely,
EDocu Signed by:
84F9FFEEFD24C8...
Kim Freeburn
Environmental Program Manager
Attachment 1: MMRP for CDFW-Proposed Mitigation Measures
ec:
Heather Brashear, Senior Environmental Scientist (Supervisor), CDFW
Heather. Brashear(a)_Wildlife.ca.gov
Office of Planning and Research, State Clearinghouse, Sacramento
state. clearinghouse(a)_opr.ca.gov
Rollie White, U.S. Fish and Wildlife Service
rollie white(a-)-fws.gov
Vincent James, U.S. Fish and Wildlife Service
vincent iames(c�fws.gov
Peter Satin, Coachella Valley Conservation Commission
psatin cvag.org
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 16
ATTACHMENT 1: MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Mitigation Measures
Timing and
Methods
Responsible
Parties
Mitigation Measure 13I0-1: Assessment of Biological
Timing: Prior to
Implementation:
Resources
Project
City of La Quinta
construction
Prior to Project construction activities for all
activities for all
Monitoring and
development phases of the Project, a thorough
development
Reporting: City of La
floristic -based assessment of special -status plants
phases of the
Quinta
and natural communities, following CDFW's
Project.
Protocols for Surveying and Evaluating Impacts to
Special -Status Native Plant Populations and Natural
Methods: See
Communities (CDFW 2018 or most recent version)
Mitigation
shall be performed by a qualified biologist.
Measure
Mitigation Measure 13I0-3: Nesting Birds
Timing: No more
Implementation:
than 3 days prior
City of La Quinta
Regardless of the time of year, nesting bird surveys
to vegetation
shall be performed by a qualified avian biologist no
removal or
Monitoring and
more than 3 days prior to vegetation removal or
ground -disturbing
Reporting: City of La
ground -disturbing activities. Pre -construction
activities.
Quinta
surveys shall focus on both direct and indirect
evidence of nesting, including nest locations and
Methods: See
nesting behavior. The qualified avian biologist will
Mitigation
make every effort to avoid potential nest predation as
Measure
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.
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 17
Mitigation Measure BIO -2: Burrowing Owl Surveys
Timing: Habitat
Implementation:
assessment: No
City of La Quinta and
No less than 60 days prior to the start of Project-
less than 60 days
Project applicant
related activities, a burrowing owl habitat
prior to the start of
assessment shall be conducted by a qualified
Project related
Monitoring and
biologist according to the specifications of the Staff
activities.
Reporting: City of La
Report on Burrowing Owl Mitigation (Department of
Focused
Quinta
Fish and Game, March 2012 or most recent version).
surveys: Prior to
the start of
If the habitat assessment demonstrates suitable
Project -related
burrowing owl habitat, then focused burrowing owl
activities. Pre -
surveys shall be conducted by a qualified biologist
construction
according to the Staff Report on Burrowing Owl
surveys: No less
Mitigation. If burrowing owls are detected during the
than 14 days prior
focused surveys, the qualified biologist and Project
to start of Project -
proponent shall prepare a Burrowing Owl Plan that
related activities
shall be submitted to CDFW for review and approval
and within 24
prior to commencing Project activities. The
hours prior to
Burrowing Owl Plan shall describe proposed
ground
avoidance, minimization, mitigation, and monitoring
disturbance.
actions. The Burrowing Owl Plan shall include the
number and location of occupied burrow sites, acres
Methods: See
of burrowing owl habitat that will be impacted, details
Mitigation
of site monitoring, and details on proposed buffers
Measure
and other avoidance measures if avoidance is
proposed. If impacts to occupied burrowing owl
habitat or burrow cannot be avoided, the Burrowing
Owl Plan shall also describe minimization and
relocation actions that will be implemented.
Proposed implementation of burrow exclusion and
closure should only be considered as a last resort,
after all other options have been evaluated as
exclusion is not in itself an avoidance, minimization,
or mitigation method and has the possibility to result
in take. If impacts to occupied burrows cannot be
avoided, information shall be provided regarding
adjacent or nearby suitable habitat available to owls
along with proposed relocation actions. The Project
proponent shall implement the Burrowing Owl Plan
following CDFW and USFWS review and approval.
Preconstruction burrowing owl surveys shall be
conducted no less than 14 days prior to the start of
Project -related activities and within 24 hours prior to
ground disturbance, in accordance with the Staff
Report on Burrowing Owl Mitigation (2012 or most
recent version). Preconstruction surveys should be
performed by a qualified biologist following the
recommendations and guidelines provided in
the Staff Report on Burrowing Owl Mitigation. If the
preconstruction surveys confirm occupied burrowing
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 18
owl habitat, Project activities shall be immediately
halted. The qualified biologist shall coordinate with
CDFW and prepare a Burrowing Owl Plan that shall
be submitted to CDFW and USFWS for review and
approval prior to commencing Project activities.
Mitigation Measure BIO -[A]: Artificial Nighttime
Timing:
Implementation:
Lighting
Throughout
City of La Quinta and
construction and
Project applicant
Throughout construction and the lifetime operations
the lifetime
of the Project, the Project Sponsor and City of La
operations of the
Monitoring and
Quinta shall eliminate all nonessential lighting
Project
Reporting: City of La
throughout the Project area and avoid or limit the use
Quinta
of artificial light at night during the hours of dawn
Methods: See
and dusk when many wildlife species are most active.
Mitigation
The City of La Quinta shall ensure that all lighting for
Measure
the Project is fully shielded, cast downward, reduced
in intensity to the greatest extent, and does not result
in lighting trespass including glare into surrounding
areas including the Whitewater River or upward into
the night sky (see the International Dark -Sky
Association standards at http://darksky.org/). The
City of La Quinta shall ensure use of LED lighting
with a correlated color temperature of 3,000 Kelvins
or less, proper disposal of hazardous waste, and
recycling of lighting that contains toxic compounds
with a qualified recycler.
Mitigation Measure BIO -[B]: CVMSHCP Compliance
Timing: Prior to
Implementation:
construction and
City of La Quinta
Prior to construction and issuance of any grading
issuance of any
permit, the City of La Quinta shall ensure compliance
grading permit.
Monitoring and
with the Coachella Valley Multiple Species Habitat
Reporting: City of La
Conservation Plan (CVMSHCP) and its associated
Methods: See
Quinta
Implementing Agreement and shall ensure the
Mitigation
collection of payment of the CVMSHCP Local
Measure
Development Mitigation Fee and transfer of revenues
to the Coachella Valley Conservation Commission.
Mitigation Measure BIO -[C]: Salvage of Sand-
Timing: Prior to
Implementation:
Dependent Covered Species
construction and
City of La Quinta
issuance of any
Prior to construction and issuance of any grading
grading permit.
Monitoring and
permit, the City of La Quinta shall prepare and submit
Reporting: City of La
to the California Department of Fish and Wildlife and
Methods: See
Quinta
the U.S. Fish and Wildlife Service, for review and
Mitigation
approval, a plan to salvage sand -dependent
Measure
CVMSHCP Covered Species within the Project area.
The plan shall be prepared by a qualified biologist
Cheri Flores, Project Planner
City of La Quinta
August 2, 2023
Page 19
experienced in surveying for and handling sand -
dependent Covered Species. The plan shall include,
but not be limited to, the species-specific salvage
methods and timing for each sand -dependent
Covered Species identified within the Project site and
the location(s) where each species will be
translocated. Only qualified biologist(s) with
appropriate state and federal permits to handle
special -status species shall carry out salvage
activities.
Mitigation Measure BIO -[D]: CDFW Lake and
Timing: Prior to
Implementation:
Streambed Alteration Program
construction and
Project applicant
issuance of any
Prior to construction and issuance of any grading
grading permit.
Monitoring and
permit, the Project Sponsor shall obtain written
Reporting: City of La
correspondence from the California Department of
Methods: See
Quinta
Fish and Wildlife (CDFW) stating that notification
Mitigation
under section 1602 of the Fish and Game Code is not
Measure
required for the Project, or the Project Sponsor
should obtain a CDFW-executed Lake and Streambed
Alteration Agreement, authorizing impacts to Fish
and Game Code section 1602 resources associated
with the Project.
AQUA CAHENTE BAND OF CAHUILLA INDIM
TRIBAL KISTORIC 19RESEfiV,4T50PJ
July 24, 2023
[VIA EMAIL TO:clflores@laquintaca.gov]
City of La Quinta
Ms. Cheri Flores
78-495 Calle Tampico
La Quinta, CA 92253
Re: MND Dunes Palms Mixed Use
Dear Ms. Cheri Flores,
03-003-2023-001
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the
Tribal Historic Preservation Office (THPO) in the Blackpoint project. We have reviewed the
documents and have the following comments:
* Please contact ACBCI THPO department to schedule a meeting.
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions
or require additional information, please call me at (760) 883-1134. You may also email me at
ACBCI-THPO@aguacaliente.net.
Cordially,
Claritsa Duarte
Cultural Resources Analyst
Tribal Historic Preservation Office
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
5+401 DINAH SHORC LIRIV£, PALM SFRINGS. CA 9226A
T 75016B$+6800 F 76Wd991dt3#4 %NWW.AgUAGA4-DENT£-N13N GOV
SHH11fle
TRANS / T A G f N C V MEMBERS: Desert Hot Springs Palm Springs Cathedral City Rancho Mirage
Palm Desert Indian Wells La Quinta Indio Coachella Riverside County
A Public Agency
July 19, 2023
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
RE: Dune Palms Mixed Use Project
Dear Ms. Flores,
This letter is in response to your request for comments regarding the proposed Dune Palms
Mixed Use Project located on the northeast corner of Hwy 111 and Dune Palms Road
within the city of La Quinta. SunLine Transit Agency's (SunLine) staff has reviewed the
specific plan and offers the following comments:
SunLine currently provides service within close proximity to the project site, with the
closest bus stops #847 and #548 located at the intersection of Hwy 111 and Dune
Palms, less than a 1/4 mile from the project site, served by Routes 1EV. SunLine is not
requesting inclusion of any transit amenities at this time.
Please note internal transit -friendly pedestrian access can be accomplished by following
the guiding principles listed below:
o Pedestrian walkways to bus stops should be designed to meet the needs of
all passengers, including the disabled, seniors and children. All pedestrian
walkways should be designed to be direct from the street network to the main
entrance of buildings.
o Pedestrian walkways should be designed to provide convenient connections
between destinations, including residential areas, schools, shopping centers,
public services and institutions, recreation, and transit.
o Provide a dedicated sidewalk and/or bicycle paths through new development
that are direct to the nearest bus stop or transit facilities.
o Provide shorter distance between building and the bus stop by including
transit friendly policies that address transit accessibility concerns to
encourage transit -oriented development. These policies can be achieved
32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-1986 www.suntine.org
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TRANSIT A G f N C Y MEMBERS: Desert Hot Springs Palm Springs Cathedral City Rancho Mirage
Palm Desert Indian Wells Lo Quin to Indio Coachella Riverside County
A Public Agency
through zoning policies, setback guidelines, building orientation guidelines,
and parking requirements.
o Limit the use of elements that impede pedestrian movement such as
meandering sidewalks, walled communities, and expansive parking lots.
o Eliminate barriers to pedestrian activities, including sound walls, berms,
fences, and landscaping which obstructs pedestrian access or visibility.
Gates should be provided at restricted areas to provide access to those using
transit services.
o Pedestrian pathways should be paved to ensure that they are accessible to
everyone. Accessible circulation and routes should include curb cuts, ramps,
visual guides and railing where necessary. ADA compliant ramps should be
placed at each corner of an intersection.
o A minimum horizontal clearance of 48 inches (preferable 60 inches) should
be maintained along the entire pathway.
o A vertical clearance of 84 inches (preferable 96 inches) should also be
maintained along the pathway.
Should you have questions or concerns regarding this letter, please contact me at 760-343-
3456, ext. 1608.
Sincerely, /
qtu&a'l�
Manuel Alcala
Transit Planning Manager
cc: Isabel Acosta, Chief Transportation Officer
cc: Gloria Salazar, Interim CEO/General Manager
32-505 Harry Oliver Trail, Thousand Palms, California 92276 Phone 760-343-3456 Fax 760-343-1986 www.sunline.org
DUNE PALMS MIXED USE PROJECT
MITIGATION MONITORING PROGRAM
CITY OF LA QUINTA
MONITORING PROGRAM FOR CEOA COMPLIANCE
DATE:
August 8, 2023
ASSESSORS PARCEL NO.: 600-030-018
PROJECT TITLE:
Tentative Parcel Map TPM 2023-0001
PROJECT LOCATION: Northeast corner of Highway 111 and Dune Palms
SUMMARY MITIGATION MEASURES
Environmental Assessment 2023-0001
Road, La Quinta.
CRITERIA
Minor Adjustment 2023-0001
DATE
Minor Use Permit 2023-0001
Site Development Permit 2023-0001
BIOLOGICAL RESOURCES
Dune Palms Mixed Use Project
Planning Division,
APPLICANT:
Clement Balser
BP Dune Palms LP
recommended for special status plants.
APPROVAL DATE:
In Process
THE FOLLOWING REPRESENTS THE CITY'S MITIGATION MONITORING PROGRAM IN CONNECTION WITH THE
MITIGATED NEGATIVE DECLARATION FOR THE ABOVE CASE NUMBER
RESPONSIBLE
COMPLIANCE
SUMMARY MITIGATION MEASURES
FOR
TIMING
CRITERIA
CHECKED BY
DATE
MONITORING
BIOLOGICAL RESOURCES
BIO -1 A preconstruction survey is
Planning Division,
Prior to the
Monitoring
recommended for special status plants.
City Engineer
initiation of
Agreement: Receipt
If populations of any of the species
grading.
of agreement
identified in the Biological Resources
Assessment are detected on the site
Final Results: Receipt
during the survey, the plants, topsoil,
of report on results.
and/or seed should be salvaged and
translocated to a site with long-term
conservation value.
BIO -2 Two burrowing owl take avoidance
Planning Division,
Prior to the
Monitoring
surveys should be conducted in line
City Engineer
initiation of
Agreement: Receipt
with CDFW protocols for burrowing
grading.
of agreement
owls. The first survey should occur
between 14 and 30 days prior to
Final Results: Receipt
Project -related ground disturbance and
of report on results.
the second within 24 hours of round
disturbance. Avoidance or relocation
measures should be undertaken in
consultation with CDFW if the species
is identified on the site, and buffers
established as required.
BIO -3 Either project -related disturbance
Planning Division,
Prior to the
Monitoring
during the nesting season (1 February
City Engineer
initiation of
Agreement: Receipt
to 31 August) must be avoided, or
grading.
of agreement
nesting bird surveys must be conducted
by a qualified ornithologist or biologist
Final Results: Receipt
immediately prior to site disturbance
of report on results.
during the nesting season. If an active
nest is detected, a buffer must be
established around it and no work
would be permitted in that area near the
nest until young have fledged. While
there is no established protocol for nest
avoidance, the CDFW generally
recommends avoidance buffers of about
500 feet for birds -of -prey and listed
species, and 100 — 300 feet for unlisted
songbirds.
CULTURAL & TRIBAL CULTURAL RESOURCES
CUL -1 All grubbing, grading, trenching,
Archaeologist,
Monitoring
Monitoring
excavations, or any other earth -moving
Tribal Monitor(s),
Agreement: Prior
Agreement: Receipt
activities on the Project site must be
Planning Division
to initiation of
of agreement.
monitored by a qualified archaeologist to
ground
ensure the timely identification and, if
disturbance.
necessary, protection of any human
Final Results: Receipt
remains, if discovered. Monitoring must
of report on results.
be coordinated with the Cabazon Band of
Final Results:
Mission Indians, the Torres Martinez
Within 30 days of
Desert Cahuilla Indians, as well as the
completion of
Agua Caliente Band of Cahuilla Indians,
ground disturbing
who may wish to participate.
activities.
ta Qw tr(V
GEM of the DESERT —
Dune Palms Mixed Use Project
Julv 2023
CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
Phone: (760) 777-7000
ENVIRONMENTAL INITIAL STUDY
Project Title:
Dune Palms Mixed Use Project
Case No:
Tentative Parcel Map TPM 2023-0001
Environmental Assessment 2023-0001
Minor Adjustment 2023-0001
Minor Use Permit 2023-0001
Site Development Permit 2023-0003
Lead Agency
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7125
Applicant:
Clement Balser
BP Dune Palms LP
Contact Person: Cheri Flores
Planning Manager
City of La Quinta
(760) 777-7067
Project Location: Northeast corner of Highway l l l and Dune Palms Road, La Quinta
General Plan Designation: General Commercial
Zoning:
Surrounding Land Uses:
Regional Commercial
North: Coachella Valley Stormwater Channel, then residential.
South: Highway 111, then commercial and vacant.
East: Commercial (shopping plaza).
West: Dune Palms Road, then commercial (shopping plaza).
Dune Palms Mixed Use Project
July 2023
Project Description:
The Project proposes the development of an approximately 9.4 -acre site in La Quinta, California
(Exhibits 1, 2 and 3). The Project proposes 4.3 acres of commercial development and 5.1 acres of
residential development. The residential portion would be comprised of approximately 180 units
and would be developed by a third party. The commercial component of the development will
consist of a drive-through quick serve restaurant (QSR) and a car wash. The commercial
component is expected to develop first, while the residential component will be developed at a
later date.
The site is designated as General Commercial on the City's General Plan Land Use Map and is
classified as Regional Commercial per the City's Zoning Map. The General Commercial
designation supports a range of commercial uses, including supermarkets, national retailers,
professional offices, and restaurants. General Commercial also allows mixed use development,
including both vertical mixed use and horizontal mixed use. According to the City's Municipal
Code, the site is also in the Mixed -Use (MU) Overlay District, which applies to zones including
Regional Commercial. The MU Overlay District encourages the development of projects that
cohesively include both multifamily residential and commercial components, helping to reduce
vehicle trips by providing residents with access to services and employment opportunities in close
proximity to their homes. The Project will be implemented via a Tentative Parcel Map (TPM) to
subdivide the land for each use, a Minor Use Permit for the car wash and height adjustments for
the car wash and restaurant, a Site Development Permit (SDP) for the architecture and landscaping
for the two commercial sites, and a Minor Adjustment for 10% reduction in setback from Highway
111. Another SDP will be required in the future for the residential component of the site.
The development is proposed to occur in two phases. First, the commercial development would be
built on the 4.3 -acres on the southern portion of the property, along Highway 111. Second, the
residential units would be developed by a third parry in the 5.1 -acres to the north of the property.
The drive-through restaurant is proposed for the southwestern corner of the site, on the corner of
Highway 111 and Dune Palms Road. The car wash is proposed for the southeastern corner, at
Highway 111 and the private drive on the eastern boundary of the site. An internal drive would
traverse the property from Dune Palms Road in an east -west direction, providing access to the
commercial development to its south, and the residential development to its north. The proposed
configuration for the site is shown in Exhibit 4.
As shown in Exhibit 5, the proposed commercial buildings will be constructed in an architectural
style that is sensitive to the Project's location. Spanish -style tile roofs will be combined with
materials such as stucco, simple color palettes, and corporate signage. The two commercial
buildings will each include drive-throughs and on-site parking. The commercial components will
be set back from Highway 111 by a 50 -foot landscaped setback and an additional 50 -foot building
setback occupied by drive-through aisles.
The configuration and architectural style of the residential component is not known at this time.
However, for purposes of this analysis, it has been assumed that the residential units would be
constructed consistent with the City's Zoning Ordinance standards for the Mixed Use Overlay,
which include maximum building height of 60 feet and a maximum density of 24 dwelling units
per acre. Residential buildings must be set back from Dune Palms Road by 20 feet of landscape
2
Dune Palms Mixed Use Project
July 2023
setbacks and an additional 10 -foot setback which may be used for parking or driveways, per the
development standards for the CR zone. The residential buildings must also include side and rear
setbacks of 15 feet and 20 feet, respectively, per the development standards for the High -Density
Residential zone. Should the design of the residential component vary from these standards and
the analysis in this Initial Study, additional CEQA analysis may be required by the City when that
project is proposed.
The land uses, parking, and landscaping proposed for the Project are summarized in Table 1,
below. This Initial Study will analyze the potential environmental impacts resulting from the
development of the Project based on the proposed land uses listed in the table.
Table 1
Project Summary
Land Use
Quantity
Total
Quick serve restaurant
4,761 square feet
Commercial
with drive-through
8,357 square feet
Car wash
3,596 square feet
Residential
180 units
180 units
Quick serve restaurant
109 spaces
with drive-through
Car wash
3 parking spaces
Parking
489
17 vacuums aces
Residential
450 spaces'
Quick serve restaurant
27,078 square feet
Landscaping
With drive-through
121,534 square feet
Car wash
35,217 square feet
Residential
1 59,239 s uare feet a
1 Based on 180 proposed units and standard of 2 spaces plus 0.5 guest spaces per unit for 1-2 bedroom
apartments per §9.150.070 of the Municipal Code.
2 Estimated based on approximately 24% landscape coverage proposed for the restaurant component of the
Project.
Project Location and Limits:
The Dune Palms Mixed Use Project (referred to hereafter as the Project and/or the proposed
Project) is located immediately east of Dune Palms Road, north of Highway 111, and south of the
Coachella Valley Stormwater Channel, in the City of La Quinta, California (Exhibits 1 and 2).
The Project site consists of Assessor's Parcel Number (APN) 600-030-018. The site is relatively
flat, with a slight slope down from Dune Palms Road, with the lower elevation at the northeastern
point on the site. The site is vacant and undeveloped, with sparse vegetation.
9
Dune Palms Mixed Use Project
July 2023
Utilities and Service Providers:
The following agencies and companies will provide service to the Project site:
1. Sanitary Sewer: Coachella Valley Water District (CVWD)
2. Domestic Water: Coachella Valley Water District (CVWD)
3. Electricity: Imperial Irrigation District (IID)
4. Gas: Southern California Gas Company (SoCalGas)
5. Telephone and Cable: Spectrum / Charter Communications
6. Trash Disposal: Burrtec Waste and Recycling Services
Surrounding Land Uses:
North: Coachella Valley Stormwater Channel, then residential.
South: Highway 111, then commercial and vacant.
East: Commercial (shopping plaza).
West: Dune Palms Road, then commercial (shopping plaza).
Other Required Public Agencies Approval:
Regional Water Quality Control Board (discharge permits)
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PLANNING & RESEARCH, INC.
02.08.23
BP Dune Palms Initial Study Exhibit
Regional Location Map 1
Cathedral City, California