APPENDIX A Notice of Intent and Comment Letters

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Notice of Intent to Prepare an Environmental Impact Statement for the Proposed

Section 24 Specific Plan, Riverside County

The Agua Caliente Band of Cahuilla Indians (“Tribe”) intends to prepare an Environmental Impact Statement (EIS) for the proposed Section 24 Specific Plan in compliance with the Agua Caliente Tribal Environmental Policy Act (Tribal Ordinance No. 28). The Tribe is acting as the lead agency for the preparation of this EIS as the Section 24 Specific Plan area is located within the boundaries of the Agua Caliente Indian Reservation.

The Specific Plan area is located within the Sphere of Influence of the City of Rancho Mirage as identified by the Riverside Local Agency Formation Commission (LAFCO). Following action on the EIS and Section 24 Specific Plan by the Tribe, the Specific Plan area may be annexed to the City of Rancho Mirage. To facilitate compliance with CEQA by the City of Rancho Mirage, the Riverside LAFCO, and other agencies and to minimize duplication of the environmental studies and documentation, the Tribe will prepare the EIS in compliance with the provisions of the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations Title 14 Section 15000 et seq.). Section 15221 of the CEQA Guidelines provides for the use of an EIS prepared in accordance with the CEQA Guidelines by public agencies required to comply with CEQA.

Project Location

The proposed Section 24 Specific Plan addresses the 577-acre portion of Section 24 bounded by Ramon Road on the north; Bob Hope Drive on the east; Dinah Shore Drive on the south; and Los Alamos Road on the west. The Specific Plan area is located immediately west of the Agua Caliente Casino Resort Spa; north and east of the Westin Mission Hills resort community, and northwest of the Desert Ridge Plaza shopping center. Figure 1 provides a regional location map and Figure 2 provides a project location map.

Project Description

The Tribe and Pulte Home Corporation/SCC Rancho Mirage Holdings LP (“Pulte/SCC”) are proposing the Section 24 Specific Plan to coordinate the planning and future development of the Specific Plan area, which consists of land under separate ownerships, including approximately 120 acres located on Ramon Road that is owned by the Tribe, approximately 97 acres located on Bob Hope Drive that is allotted to members of the Tribe and under contract to be acquired by the Tribe, approximately 40 acres located on the corner of Bob Hope Drive and Dinah Shore Drive that is allotted to members of the Tribe, and 320 acres located north of Dinah Shore Drive that is currently allotted to members of the Tribe and under contract to be acquired by Pulte Homes/SCC and developed as an active adult residential community for residents aged 55 and above.

The Section 24 Specific Plan would allow development of a mix of retail, entertainment, office, hotel and residential uses intended to complement existing and planned surrounding uses in the City of Rancho Mirage.

Regional Location MapFIGURE 1

044-001-13

N

SPECIFIC PLANSECTION 24

SECTION 24 SPECIFIC PLAN

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As shown in the proposed land use plan provided in Figure 3, the Section 24 Specific Plan would create eight Planning Areas and a circulation system planned to support the proposed uses. Commercial uses are proposed on Ramon Road and Bob Hope Drive with residential uses proposed for the remainder of the Specific Plan area.

An active adult residential community, containing up to 1,200 units, is proposed on the 312 acres located north of Dinah Shore Drive in Planning Area 8. The Specific Plan will include development standards and design guidelines for this new residential community. Planning Area 8 will be the first portion of the Specific Plan area to develop, with full development anticipated to occur within 6-8 years.

No timeframes have been identified for development of the remaining Planning Areas, which are being programmatically planned at this time to coordinate streets and other infrastructure, and to ensure the comprehensive land use planning of the Specific Plan area in relation to existing and planned surrounding uses. The Specific Plan will include development and design standards for the Ramon Road, Bob Hope Drive and Dinah Shore Drive frontages to promote compatibility with surrounding uses. The land uses that would be allowed by the proposed Specific Plan in Planning Areas 1-7 are described below.

The proposed Specific Plan will allow approximately 67 acres of multi-family residential development, at a density of up to 18 dwelling units per acre, in Planning Areas 1B, 2B, 5, 6B and 7B as shown in Figure 3. Up to 1,206 multi-family residential units would be allowed by the proposed Specific Plan in these areas.

Retail commercial uses would be allowed in Planning Area 3, located on the corner of Ramon Road and Bob Hope Drive and Planning Area 7A, located on the corner of Bob Hope Drive and Dinah Shore Drive. The Specific Plan would allow development of up to 777,000 square feet (s.f.) of development on the 51 acres designated for retail commercial uses.

Resort flex uses, a mix of hotel, retail commercial and entertainment uses, would be allowed in Planning Areas 1A, 4 and 6A on Ramon Road and Bob Hope Drive. Up to 1,271,600 s.f. of retail commercial, hotel, and entertainment uses would be allowed on the 73 acres designated for resort flex uses.

Planning Area 2A, centrally located on Ramon Road, would be designated Mixed Use Core, with up to 1,090,000 million s.f. of development allowed on this 25 acres. This land use designation would allow a mix of uses, including community retail commercial uses, office, and attached residential units.

In total the Specific Plan would allow a maximum of 2,406 residential dwelling units and 3,138,000 million square feet of commercial development.

Proposed Land Use PlanFIGURE 3

044-001-13

SECTION 24 SPECIFIC PLAN

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A summary of the proposed land uses is provided in Table 1:

Table 1 Section 24 Specific Plan

Land Use Summary Planning Land Use Size Proposed Proposed Amount of

Area Designation (Net Acres) Intensity/Density Development PA 1A Resort Flex 25 0.40 FAR 435,600 SF PA 1B Multi-Family Residential 10 18 DU/Acre 180 DU PA 2A Mixed Use Core 25 1.00 FAR 1,090,000 SF PA 2B Multi-Family Residential 10 18 DU/Acre 180 DU PA 3 Retail 26 0.35 FAR 396,000 SF PA 4 Resort Flex 29 0.40 FAR 505,000 SF PA 5 Multi-Family Residential 27 18 DU/Acre 486 DU PA 6A Resort Flex 19 0.40 FAR 331,000 SF PA 6B Multi-Family Residential 10 18 DU/Acre 180 DU PA 7A Retail 25 0.35 FAR 381,000 SF PA 7B Multi-Family Residential 10 18 DU/Acre 180 DU PA 8 Active Adult Single Family Residential 312 4 DU/Acre 1,200 DU

Subtotal Net Acres 528 Acres

Street Right of Way 49 Acres

Total 577 Acres

Probable Environmental Effects of the Proposed Project

The EIS will include research, analysis and study of potential environmental effects related to the following topics:

• Aesthetics - the EIS will evaluate the changes to the visual character of the Project site and surrounding area, the obstruction of views, effects on ambient nighttime light levels and the creation of new sources of daytime or nighttime glare.

• Air Quality & Greenhouse Gases – the EIS will evaluate the impact of air quality and greenhouse gas emissions from construction and the new uses in accordance with the guidance provided by the South Coast Air Quality Management District (SCAQMD) guidelines applicable to the Coachella Valley. The Agua Caliente Band of Cahuilla Indians is a member of the Coachella Valley Association of Governments (CVAG) and the assessment of potential greenhouse gas impacts will incorporate information from the regional greenhouse gas inventory for the Coachella Valley prepared by CVAG and the SCAQMD and address programs to reduce greenhouse gases, including the Coachella Valley Voluntary Green Building Program.

• Biological Resources – the EIS will evaluate potential impacts to biological resources present on the site based on biological resource surveys to identify vegetation communities and associated plant and wildlife species. Any special-status plant and wildlife species and sensitive habitats, including any wetland or other jurisdictional habitat will also be identified and addressed.

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• Geology & Soils - the EIS will address the potential for impacts related to existing geologic and soils conditions based a geotechnical study of the site and the proposed grading.

• Cultural Resources – the EIS will address the potential for impacts to cultural resources based on a cultural resource survey of the site.

• Hazards & Hazardous Materials - the EIS will address the potential for hazardous materials on the project site or in surrounding areas, and use of hazardous materials, to affect existing and planned uses.

• Hydrology & Water Quality – the EIS will evaluate the changes to existing drainage patterns and water quality based on a hydrology study of the site and proposed project.

• Land Use & Planning - the EIS will evaluate the consistency of the project with applicable local and regional land use plans and policies.

• Noise - the EIS will assess the potential for the proposed uses to be impacted by noise from the surrounding streets and other sources of noise in the surrounding area and for the proposed uses to create noise that would impact existing and planned surrounding uses.

• Population & Housing – the EIS will address the consistency of the increase in population, housing and employment that would occur as a result of the project with adopted local and regional growth projections and applicable policies.

• Public Services – the EIS will address the need for police and fire protection, emergency medical, school, recreation services and facilities.

• Transportation & Traffic - the EIS will evaluate the potential for transportation and traffic impacts on local streets, state transportation facilities and transit services based on a traffic impact analysis study.

• Utilities and Service Systems – the EIS will evaluate the potential impact of the new development proposed on water supply and water delivery facilities, wastewater collection and treatment facilities, and other utility services including electricity and natural gas facilities, and solid waste collection and disposal facilities.

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Submission of Comments 

The Tribe needs  to know  the views of your agency as  to  the scope and content of  the environmental information relevant to your agency’s statutory responsibilities in connection with the proposed Specific Plan.  Comments are also invited from all other interested parties.   

A scoping meeting will be held on February 12, 2014 at the Agua Caliente Casino Resort Spa, located at 32‐250 Hope Drive  in  Rancho Mirage  to  provide  an  additional  opportunity  to  learn more  about  the project and provide comments on the possible environmental effects that should be studied in the EIS.  This meeting will be held in the Star AB Room at 4:00 and 7:00 PM. 

All comments need to be provided by February 14, 2014 to: 

Margaret Park, AICP Director of Planning and Natural Resources 5401 Dinah Shore Drive Palm Springs, CA 92264 Fax: (760) 699‐6822  Email: mpark@aguacaliente‐nsn.gov  Please provide the name, address and other contact  information for a contract person at your agency who should receive future notices and correspondence related to this project.  

Thank you for participating in the Tribe’s environmental review of this proposed project.  

STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor

PUBLIC UTILITIES COMMISSION

320 WEST 4TH STREET, SUITE 500

LOS ANGELES, CA 90013

(213) 576-7083

January 22, 2014 Ms. Margaret Park Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, California 92264 Dear Ms. Park: SUBJECT: SCH 2014011035 Agua Caliente Band of Cahuilla Indians Section 24 Specific Plan - NOI The California Public Utilities Commission (Commission) has jurisdiction over the safety of highway-rail crossings (crossings) in California. The California Public Utilities Code requires Commission approval for the construction or alteration of crossings and grants the Commission exclusive power on the design, alteration, and closure of crossings in California. The Commission Rail Crossings Engineering Section (RCES) is in receipt of the Notice of Intent (NOI) for the proposed Agua Caliente Band of Cahuilla Indians (AGBCI) Section 24 Specific Plan project. The project area includes active railroad tracks. RCES recommends that the AGBCI add language to the Specific Plan so that any future development adjacent to or near the railroad/light rail right-of-way (ROW) is planned with the safety of the rail corridor in mind. New developments may increase traffic volumes not only on streets and at intersections, but also at at-grade crossings. This includes considering pedestrian circulation patterns or destinations with respect to railroad ROW and compliance with the Americans with Disabilities Act. Mitigation measures to consider include, but are not limited to, the planning for grade separations for major thoroughfares, improvements to existing at-grade crossings due to increase in traffic volumes and continuous vandal resistant fencing or other appropriate barriers to limit the access of trespassers onto the railroad ROW. If you have any questions in this matter, please contact me at (213) 576-7076, ykc@cpuc.ca.gov. Sincerely,

Ken Chiang, P.E. Utilities Engineer Rail Crossings Engineering Section Safety and Enforcement Division C: State Clearinghouse

Via Email and U.S. Mail January 27, 2014 Mr. Jeff L. Grubbe, Chairman Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92264 jgrubbe@aguacaliente.net

Ms. Margaret Park Director of Planning and Natural Resources 5401 Dinah Shore Drive Palm Springs, CA 92264 mpark@aguacaliente-nsn.gov

Ms. Cindy Scott, City Clerk City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, CA 92270 cscott@ranchomirageca.gov

Mr. Randal Bynder, City Manager City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, CA 92270 randalb@ranchomirageca.gov

Mr. Bud Kopp, Planning Manager City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, CA 92270 budk@RanchoMirageCA.gov

Re: TEPA/CEQA and Land Use Notice Request for the Section 24 Specific

Plan (SCH 2014011035; APNs 673120021, 22, 23, 24, and 25)

Dear All:

I am writing on behalf of the Laborers International Union of North America, Local Union 1184 and its members living in Riverside County (“LiUNA”), regarding the Section 24 Specific Plan (SCH 2014011035; APNs 673120021, 22, 23, 24, and 25), including all actions referring or related to the development of a mix of retail, entertainment, office, hotel, and residential uses on approximately 577 acres of land within the boundaries of the Agua Caliente Band of Cahuilla Indians Reservation and adjacent to the City of Rancho Mirage, at or near Bob Hope Drive and Ramon Road in Rancho Mirage (“Project”). The Project includes a maximum of 1,200 units in an active adult residential community, 1,206 multifamily residential units, and approximately 3.14 million square feet of commercial development.

TEPA

We hereby request that the Agua Caliente Band of Cahuilla Indians (“Band”) send by mail and electronic mail to our firm at the address below notice of any and all hearings related to the Project held pursuant to the Band’s Tribal Environmental Policy Act (TEPA),

January 27, 2014 TEPA/CEQA and Land Use Notice Request for the Section 24 Specific Plan Page 2 of 3 Ordinance No. 28, as well as any and all notices prepared for the Project pursuant to TEPA, including but not limited to notice of the availability of the Environmental Impact Statement (“EIS”), and notices of Major Tribal Actions, Records of Decision, or any other approvals or decisions related to the Project.

CEQA

We also hereby request that the City of Rancho Mirage (“City”) send by mail and

electronic mail to our firm at the address below notice of any and all actions or hearings related to activities undertaken, authorized, approved, permitted, licensed, or certified by the City and any of its subdivisions, and/or supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance from the City, including, but not limited to the following: Notice of any public hearing in connection with the Project as required by California

Planning and Zoning Law pursuant to Government Code Section 65091. Any and all notices prepared for the Project pursuant to the California Environmental

Quality Act (“CEQA”), including, but not limited to:

Notices of any public hearing held pursuant to CEQA. Notices of determination that an Environmental Impact Report (“EIR”) is required

for a project, prepared pursuant to Public Resources Code Section 21080.4. Notices of any scoping meeting held pursuant to Public Resources Code Section

21083.9. Notices of preparation of an EIR or a negative declaration for a project, prepared

pursuant to Public Resources Code Section 21092. Notices of availability of an EIR or a negative declaration for a project, prepared

pursuant to Public Resources Code Section 21152 and Section 15087 of Title 14 of the California Code of Regulations.

Notices of approval and/or determination to carry out a project, prepared pursuant to Public Resources Code Section 21152 or any other provision of law.

Notices of approval or certification of any EIR or negative declaration, prepared pursuant to Public Resources Code Section 21152 or any other provision of law.

Notices of determination that a project is exempt from CEQA, prepared pursuant to Public Resources Code section 21152 or any other provision of law.

Notice of any Final EIR prepared pursuant to CEQA. Please note that we are requesting notices of CEQA actions and notices of any public

hearings to be held under any provision of Title 7 of the California Government Code governing California Planning and Zoning Law. This request is filed pursuant to Public Resources Code Sections 21092.2 and 21167(f), and Government Code Section 65092, which require agencies to mail such notices to any person who has filed a written request for them with the clerk of the agency’s governing body.

Please send notice by mail and electronic mail to:

January 27, 2014 TEPA/CEQA and Land Use Notice Request for the Section 24 Specific Plan Page 3 of 3

Richard Drury Christina Caro Stacey Oborne Lozeau Drury LLP 410 12th Street, Suite 250 Oakland, CA 94607 richard@lozeaudrury.com; christina@lozeaudrury.com; stacey@lozeaudrury.com

Please call should you have any questions. Thank you for your attention to this matter. Sincerely,

Stacey Oborne Paralegal Lozeau | Drury LLP

SATE OF CALIFORNIA

NATIVE AMERICAN HERITAGE COMMISSION 1550 Harbor Boulevard, Suite 100 West Sacramento, CA 95691 (916) 373-3715 Fax (916) 373-5471 Web Site www.nahc.ca.gov Ds_nahc@pacbell.net e-mail: ds_nahc@pacbell.net

January 29,2014

Ms. Margaret Park, Project Planner

Edmund G. Brown Jr Goyernor

Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92264

RE: SCH#2014011 035CEQA Notice of Notice of Preparation (NOP); draft Environmental Impact Report (DEIR) for the "Section 24 Specific Plan (Mixed-Use Development-Senior Housing & Commercial);" located in the Palm Springs area; Coachella Valley; Riverside County, California

Dear Ms. Park:

The Native American Heritage Commission (NAHC) has reviewed the above-referenced environmental document.

The California Environmental Quality Act (CEQA) states that any project which includes archeological resources, is a significant effect requiring the preparation of an EIR (CEQA guidelines 15064.5(b) .. To adequately comply with this provision and mitigate project-related impacts on archaeological resources, the Commission recommends the following actions be required:

Lead agencies should include in their mitigation plan provisions for the identification and evaluation of accidentally discovered archeological resources, pursuant to California Environmental Quality Act (CEQA) §15064.5(f). In areas of identified archaeological sensitivity, a certified archaeologist and a culturally affiliated Native American, with knowledge in cultural resources, should monitor all ground-disturbing activities. Also, California Public Resources Code Section 21083.2 require documentation and analysis of archaeological items that meet the standard in Section 15064.5 (a)(b)(f).

We suggest that this (additional archaeological activity) be coordinated with the NAHC, if possible. The final report containing site forms, site significance, and mitigation measurers should be submitted immediately to the planning department. Any information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for pubic disclosure pursuant to California Government Code Section 6254.10.

A list of appropriate Native American Contacts for consultation concerning the project site has been provided and is attached to this letter to determine if the proposed active might impinge on any cultural resources.

California Government Code Section 65040.12(e) defines "environmental justice" to provide "fair treatment of People ... with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies." (The California Code is consistent with the Federal Executive Order 12898 regarding 'environmental justice.' Also, applicable to state agencies is Executive Order B-1 0-11 requires consultation with Native American tribes their elected officials and other representatives of tribal governments to provide meaningful input into the development of legislation, regulations, rules, and policies on matters that may affect tribal communities.

Lead agencies should consider first, avoidance for sacred and/or historical sites, pursuant to CEQA Guidelines 15370(a). Then if the project goes ahead then, lead agencies include in their mitigation and monitoring plan provisions for the analysis and disposition of recovered artifacts, pursuant to California Public Resources Code Section 21083.2 in consultation with culturally affiliated Native Americans.

Lead agencies should include provisions for discovery of Native American human remains in their mitigation plan. Health and Safety Code §7050.5, CEQA §15064.5(e), and Public Resources Code §5097.98 mandates the process to be foHowed in the event of an accidental discovery of any human remains in a location other than a dedicated cemetery.

CC: State Clearinghouse

Attachment: Native American Contacts list

Native American Contacts Riverside County California

January 29, 2014

Cabazon Band of Mission Indians Doug Welmas, Chairperson 84-245 Indio Springs Cahuilla Indio , CA 92203-3499

(760) 342-2593 (760) 347-7880 Fax

Los Coyotes Band of Mission Indians Shane Chapparosa, Chairman P.O. Box 189 Cahuilla Warner , CA 92086 (760) 782-0711 (760) 782-2701 - FAX

Ramona Band of Cahuilla Mission Indians Joseph Hamilton, Chairman P.O. Box 391670 Cahuilla Anza , CA 92539 admin@ramonatribe.com (951) 763-4105 (951) 763-4325 Fax

Torres-Martinez Desert Cahuilla Indians Mary Resvaloso, Chairperson PO Box 1160 Cahuilla Thermal , CA 92274 mresvaloso@torresmartinez. (760) 397-0300 (760) 397-8146 Fax

This list is current only as of the date of this document.

Santa Rosa Band of Mission Indians John Marcus, Chairman P.O. Box 391820 Cahuilla Anza , CA 92539 (951) 659-2700 (951) 659-2228 Fax

Augustine Band of Cahuilla Mission Indians Mary Ann Green, Chairperson P.O. Box 846 Cahuilla Coachella , CA 92236 (760) 398-4722 760-369-7161 - FAX

Morongo Band of Mission Indians William Madrigal, Jr.,Cultural Resources Manager 12700 Pumarra Road Cahuilla Banning , CA 92220 Serrano (951) 201-1866 - cell wmadrigal@morongo-nsn. gOY (951) 572-6004 Fax

Torres-Martinez Desert Cahuilla Indians Matthew Krystal, Cultural Resources Manager P.O. Boxt 1160 Cahuilla Thermal , CA 92274 mkrystall@trndci-nsn.gov 760) 397-0300, (760) 409-2987- cell (760) 397-8146 Fax

Distribution of this list does not relieve any person of the statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code.

his list s only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#20144011035; CEQA Notice of Preparation (NOP); draft Environmental Impact Report (OEIR) for the Section 24 Specific Plan Project; located in the Palm Springs area; Coachella Valley; Riverside County, California.

Native American Contacts Riverside County California

January 29, 2014

Cabazon Band of Mission Indians Judy Stapp, Director of Cultural Affairs 84-245 Indio Springs Cahuilla Indio ' CA 92203-3499

(760) 342-2593 jstapp@cabazonindians-nsn. gov (760) 347-7880 Fax

Agua Caliente Band of Cahuilla Indians THPO Patricia Garcia, Tribal Historic Perservation Officer 5401 Dinah Shore Drive Cahuilla Palm Springs, CA 92264 ptuck@augacaliente-nsn.gov (760) 699-6907

(760) 699-6924- Fax

Augustine Band of Cahuilla Mission Indians Karen Kupcha P.O. Box 849 Cahuilla Coachella ,CA 92236 (760) 398-4722 916-369-7161 - FAX

Cahuilla Band of Indians Luther Salgado, Chairperson PO Box 391760 Cahuilla Anza , CA 92539 Chairman@cahuilla.net 760-763-5549 760-763-2631 - Tribal EPA

This list Is current only as of the date of this document.

Distribution oflhls list does not relieve any person of the statutory responsibility as defined in Sactlon 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097_98 of the Public Resources Code.

his list s only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#20144011035j CEQA Notice of Preparation (NOP); draft Environmental Impact Report (DEJR) for the Section 24 Specific Plan Project; located in the Palm Springs area; Coachella Valley; Riverside County, California.

Established in 1918 as a public agency

Coachella Valley Water District

Directors: John P. Powell . Jr. , President - Div. 3 Franz W. De Klotz . Vice Presidenl- Div. 1 Ed Pack - Div, 2 Peler Nelson - Div. 4 Debi Livesay - Div. 5

Margaret Park

February 12, 2014

Director of Plmming and Natural Resources Agua Caliente Band of Cahui lla Indians 540 I Dinah Shore Drive Palms Springs, CA 92264

Dear Ms. Park:

Officers: Jim Barrett , General Manager

Julia Fernandez, Board Secretary

Redwine and Sherrill , Attorneys

File: 0022.100.11 1150.08

Subject: Notice ofintent to Prepare an Enviroru11entallmpact Statement for the Proposed Section 24 Specific Plan. Riverside County

Thank you for afford ing the Coachella Valley Water District (CVWO) the opportunity to review the Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Section 24 Specific Plan in Rancho Mirage, Riverside County.

CVWD provides domest ic water, wastewater, recycled water, irrigation/drainage, regional stormwater protection and groundwater management serv ices to a population of nearly 300,000 tlu'oughout the Coachella Valley.

At thi s time, CVWD submits the following comments regarding proposed project:

Stormwater Issues

I. The Proposed Section 24 Specific Plan ("Project") is currently designated "Zone X" on Federal Flood Insurance rate maps, which are in effect at thi s time, by the Federal Emergency Management Agency (FEMA). However, CVWD master plan studies for North Cathedral City and the Thousand Palms areas show that the Project is subject to flooding hazards from the Morongo Wash, Long Canyon, East and West Wide Canyon, Willow Hole, and various washes/canyons in the Edom and Indio Hill s. Enclosed is Exhibit 6-4 which shows the extent of flooding under ex isting conditions for a 100-Year Flood. Also enclosed is Exhibit 6.5 which shows the extent of flooding with the proposed Thousand Palms Flood Control Project in place.

The above referenced CVWD master plan studies were presented to the public and repol1s were posted on the CVWD website at www.cvwd .org/news/publicinfo. A copy of the revised (final) repol1 that includes the above-mentioned exhibits can be made avai lable upon request.

Margaret Park Agua Caliente Band of Cahuilla Indians 2 February 12, 2014

2. Prior to approval of the Project, CYWD requests that the Agua Caliente Band of Cahuilla Indians (Agua Caliente) and/or developer incorporate the above results into the proposed Project. The developer shall comply with Riverside County Ordinance No. 458 and CYWD Ordinance 1234.1 in the preparation of on-site flood protection facilities for this project. The developer will be required to pay fees and submit plans to CYWD as pat1 of the flood management review. Flood protection measures shall include detailed hydrologic and hydraulic analysis of off-site flo ws and plans for flood protection. Flood protection measures may include design and construction of flood conveyance facilities.

3. CYWD also requests Agua Caliente/County require the developer to: • Submit construction plans for the proposed flood control facilities and a detailed

hydrological and hydraulic design report for review and approval. • Obtain a Conditional Letter of Map Revision Obtain a Conditional Letter of Map

Revision (CLOMR) through the Federal Emergency Management Agency. • Execute an agreement with CVWD, which shall include provisions outlined in

CYWD Ordinance No. 1234. 1. • Submit a Flood Control Facility Operations and Maintenance Manual to CYWD

for review and approval. • Grant flooding easements over the flood control facilities in a form atld content

reasonably acceptable to CYWD. • Agua Caliente/County shall require mitigation measures to be incorporated into

the development to prevent flooding of site and/or downstream properties. These measures shall require onsite retention of the incremental increase of runoff from the I OO-year storm.

4. Prior to occupancy, CYWD requests the County/Agua Caliente require the developer to obtain a Letter of Map Revision (LOMR) through the FEMA, which removes the development from the special flood hazard area.

5. At the completion of construction of the flood control facilities , submit "as-built" topography, construction drawings and engineering analysis for CYWD review to verify that the design capacity is adequate.

Other Comments

I. Domestic water and sanitation system improvements will be determined through hydraulic modeling studies. Based on the number of proposed units, a Water Supply Assessment will be required for the project.

Margaret Park Agua Cal iente Band of Cahuilla Indians 3 February 12, 2014

2. The proposed project site is not included within the Coachella Valley Multiple Species Habitat Conservation Plan (P lan) and is not associated with any Conservation Area covered by the Plan. Modeled habitat for six Plan species appears to be present onsite. CVWD suggests that any bio logical survey results for these species be made avai lable to the Coachella Valley Conservation Conmlission in order to gain a better understanding of the species presence within the Plan area.

If you have any questions, please call Luke Stowe, Senior Environmental Specialist, extension 2545.

Steve Bigley Director of Envirorullental Services

Enclosures/2/as

LS:ch/cnv scrv/ I.t/ fcb/ Agua Caliente Sexn 24 5P

. \ll.)~ ,\ . \~.v

Peak Inflow 6,300 cfs

Figure 6-4: 100-yr Maximum Depth (Thousand Palms Canyon Storm Centering, Existing Conditions with Riverine Flows, 10 m Grid)

Thousand Palms Flood Control Project

Peak flow in Channel 1,000 cfs

North CalhedralfThousand Palms Slormwaler Plan

Thousand Palms Flood Control Project

Scale . 1:48,000 1 inch = 4,000 feet

o 2,000 4.000

0 .. __ 1 Hot Spfings

Legend

Max Depth (tt)

c:=J 0 - 1 .. 5 - 10 .. 1 - 2 .. 10 - 15 .. 2-3 c:=J 15 - 20

c:=J 3- 5 .. > 20

CJ Model Boundary

0 Inflow Locations (CP)

nhe

Peak Inflow 6,300 cfs

Proposed Section 24 Specific Plan site (with Future Thousand Palms Flood Control in Place)

Figure 6-5: 100-yr Maximum Depth (Thousand Pa lms Canyon Storm Centering, Project Conditions with Riverine Flows, 10 m Grid)

Thousand Palms Flood Contro l Project

Peak fl ow in Channel 1,000 cfs

North CathedralfThousand Palms Stormwater Plan

Thousand Palms Flood Control Project

Scale -1 :48,000

o 2,000 4,000

1 inch = 4 ,000 feet

8,000 Feet

CA State Plane, Zone VI harz. datum: NAD 83 harz. units: feet

northwest hydraulic consultants project no. 500058 September 2013

Reference Map

Olf-Gef t Ho t Spring s

Legend

Max Depth (tt)

CJ 0 - 1 5 - 10 .. 1 - 2 .. 10 - 15 .. 2-3 c=J 15 - 20

CJ 3-5 > 20

Cl Model Boundary

0 Inflow Locations (CP)

nhe

South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178

(909) 396-2000 • www.aqmd.gov

February 14, 2014

Margaret Park, AICP Director of Planning and Natural Resources 5401 Dinah Shore Drive Palm Springs, CA 92264

Notice of Preparation of a NEPA Document for the Section 24 Specific Plan, Riverside County

The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to comment on the above-mentioned document. The SCAQMD staff’s comments are recommendations regarding the analysis of potential air quality impacts from the proposed project that should be included in the draft NEPA document. Please send the SCAQMD a copy of the Draft EIR upon its completion. Note that copies of the Draft EIR that are submitted to the State Clearinghouse are not forwarded to the SCAQMD. Please forward a copy of the Draft EIR directly to SCAQMD at the address in our letterhead. In addition, please send with the draft EIR all appendices or technical documents related to the air quality and greenhouse gas analyses and electronic versions of all air quality modeling and health risk assessment files. These include original emission calculation spreadsheets and modeling files (not Adobe PDF files). Without all files and supporting air quality documentation, the SCAQMD will be unable to complete its review of the air quality analysis in a timely manner. Any delays in providing all supporting air quality documentation will require additional time for review beyond the end of the comment period. Air Quality Analysis The SCAQMD adopted its California Environmental Quality Act (CEQA) Air Quality Handbook in 1993 to assist other public agencies with the preparation of air quality analyses. The SCAQMD recommends that the Lead Agency use this Handbook as guidance when preparing its air quality analysis. Copies of the Handbook are available from the SCAQMD’s Subscription Services Department by calling (909) 396-3720. More recent guidance developed since this Handbook was published is also available on SCAQMD’s website here: www.aqmd.gov/ceqa/hdbk.html. SCAQMD staff also recommends that the lead agency use the CalEEMod land use emissions software. This software has recently been updated to incorporate up-to-date state and locally approved emission factors and methodologies for estimating pollutant emissions from typical land use development. CalEEMod is the only software model maintained by the California Air Pollution Control Officers Association (CAPCOA) and replaces the now outdated URBEMIS. This model is available free of charge at: www.caleemod.com. The Lead Agency should identify any potential adverse air quality impacts that could occur from all phases of the project and all air pollutant sources related to the project. Air quality impacts from both construction (including demolition, if any) and operations should be calculated. Construction-related air quality impacts typically include, but are not limited to, emissions from the use of heavy-duty equipment from grading, earth-loading/unloading, paving, architectural coatings, off-road mobile sources (e.g., heavy-duty construction equipment) and on-road mobile sources (e.g., construction worker vehicle trips, material transport trips). Operation-related air quality impacts may include, but are not limited to, emissions from stationary sources (e.g., boilers), area sources (e.g., solvents and coatings), and vehicular trips (e.g., on- and off-road tailpipe emissions and entrained dust). Air quality impacts from indirect sources, that is, sources that generate or attract vehicular trips should be included in the analysis. The SCAQMD has also developed both regional and localized significance thresholds. The SCAQMD staff requests that the lead agency quantify criteria pollutant emissions and compare the results to the recommended regional significance thresholds found here: http://www.aqmd.gov/ceqa/handbook/signthres.pdf. In addition to analyzing regional air quality impacts, the SCAQMD staff recommends calculating localized air quality impacts and comparing the results to localized significance thresholds (LSTs). LST’s can be used in addition to the recommended regional significance thresholds as a second indication of air quality impacts when preparing a CEQA document. Therefore,

Margaret Park, AICP -2- February 14, 2014

when preparing the air quality analysis for the proposed project, it is recommended that the lead agency perform a localized analysis by either using the LSTs developed by the SCAQMD or performing dispersion modeling as necessary. Guidance for performing a localized air quality analysis can be found at: http://www.aqmd.gov/ceqa/handbook/LST/LST.html. In the event that the proposed project generates or attracts vehicular trips, especially heavy-duty diesel-fueled vehicles, it is recommended that the lead agency perform a mobile source health risk assessment. Guidance for performing a mobile source health risk assessment (“Health Risk Assessment Guidance for Analyzing Cancer Risk from Mobile Source Diesel Idling Emissions for CEQA Air Quality Analysis”) can be found at: http://www.aqmd.gov/ceqa/handbook/mobile_toxic/mobile_toxic.html. An analysis of all toxic air contaminant impacts due to the use of equipment potentially generating such air pollutants should also be included. In addition, guidance on siting incompatible land uses (such as placing homes near freeways) can be found in the California Air Resources Board’s Air Quality and Land Use Handbook: A Community Perspective, which can be found at the following internet address: http://www.arb.ca.gov/ch/handbook.pdf. CARB’s Land Use Handbook is a general reference guide for evaluating and reducing air pollution impacts associated with new projects that go through the land use decision-making process. Mitigation Measures In the event that the project generates significant adverse air quality impacts, CEQA requires that all feasible mitigation measures that go beyond what is required by law be utilized during project construction and operation to minimize or eliminate these impacts. Pursuant to state CEQA Guidelines §15126.4 (a)(1)(D), any impacts resulting from mitigation measures must also be discussed. Several resources are available to assist the Lead Agency with identifying possible mitigation measures for the project, including:

• Chapter 11 of the SCAQMD CEQA Air Quality Handbook • SCAQMD’s CEQA web pages at: www.aqmd.gov/ceqa/handbook/mitigation/MM_intro.html • CAPCOA’s Quantifying Greenhouse Gas Mitigation Measures available here:

http://www.capcoa.org/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf. • SCAQMD’s Rule 403 – Fugitive Dust, and the Implementation Handbook for controlling construction-related

emissions • Other measures to reduce air quality impacts from land use projects can be found in the SCAQMD’s Guidance

Document for Addressing Air Quality Issues in General Plans and Local Planning. This document can be found at the following internet address: http://www.aqmd.gov/prdas/aqguide/aqguide.html.

Data Sources SCAQMD rules and relevant air quality reports and data are available by calling the SCAQMD’s Public Information Center at (909) 396-2039. Much of the information available through the Public Information Center is also available via the SCAQMD’s webpage (http://www.aqmd.gov). The SCAQMD staff is available to work with the Lead Agency to ensure that project emissions are accurately evaluated and mitigated where feasible. If you have any questions regarding this letter, please contact me at imacmillan@aqmd.gov or call me at (909) 396-3244.

Sincerely,

Ian MacMillan Program Supervisor, CEQA Inter-Governmental Review Planning, Rule Development & Area Sources

RVC140116-04 Control Number

Bunilne TRAN fJll AGENC Y

A Public Agency

February 18, 2014

Ms. Margaret Park, AICP Director of Planning & Natural Resources Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92262

Re: Section 24 Specific Plan

Dear Ms. Park:

MEMBERS: Desert Hot Springs Palm Springs Cathedral City Rancho MifOge Palm Deseft Indian Wells Lo Quinto Indio Coachella Rivers ide County

The Sun Line Transit Agency (SunLine) would like to thank you for the opportunity to review and comment on the Agua Caliente Cultural Museum Project. SunLine staff has reviewed the report and offers the following suggestions.

The project is located on the 577-acre portion of Section 24 bound by Ramon Road on the north, Bob Hope Drive on the east, Dinah Shore Drive on the south, and Los Alamos Road on the west. SunLine does not currently provide bus service near the proposed project. Based on our review of existing transit amenities in the vicinity, SunLine has two existing bus stops near the development plan, which offer service to Line 32. Bus stop (#450) is located at the northeast comer of Ramon Road near Bob Hope Drive and bus stop (#945) is located at the southwest comer of Ramon Road and Bob Hope Drive near the entrance to the Agua Caliente Casino Resort and Spa.

Provisions should be made by the developer to ensure that a bus stop is installed at a location Ramon Road northbound farside of Los Alamos. It is understood that this intersection will be signalized with provision for pedestrians to cross to a bus stop on southbound Ramon Road. Furthermore, the developer for this project should be required to construct additional amenities including bus turnout and bus shelter, ideally for both sides of Ramon Road at Los Alamos.

In addition, if the proposed development should impact any bus stops and/or service provided by SunLine, the developer must contact SunLine 15 days prior to beginning of construction. This will give Sun Line the sufficient time needed to schedule the bus stop removal as well as inform passengers of any change in service.

32 -505 Harry Oliver Trail. Thousa nd Palms, California 92276 Phone 760-343 -3456 Fox 760-343 - 1986 www.sunline.org

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Should you have questions or concerns regarding this letter, please contact me at (760) 343-3456 , ext. 162.

Sincerely,

Phenvana Panpradith Transit Grants Analyst

cc: Lauren L. Skiver, General Manager Joseph Forgiarini , Director of Transit Planning Anita M. Petke, Transit Planning Assistant Dan Malcolm, Senior Planner, Agua Caliente Band of Cahuilla Indians