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CC Resolution 2004-003RESOLUTION NO. 2004-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT 2003-096, ZONE CHANGE 2003-117, SPECIFIC PLAN 2003-069 AND TENTATIVE TRACT MAP 31798 ENVIRONMENTAL ASSESSMENT 2003-486 ROBERT SELAN WHEREAS, the City Council of the City of La Quinta, California, did on the 6' day of January, 2004, hold a duly -noticed Public Hearing to consider certification of Environmental Assessment 2003-486, prepared for General Plan Amendment 2003-096, Zone Change 2003-117, Specific Plan 2003-069 and Tentative Tract Map 31798 (hereinafter "Project"), a request by Robert Selan to develop a gated 250-unit common undivided interest subdivision, with clubhouse/restaurant and ancillary uses on a t 21 acre site, located at the northwest corner of Avenue 52 and Jefferson Street, more particularly described as follows: LOT 47 of TR 24889, BOOK 210 PAGES 38 THROUGH 52, RIVERSIDE COUNTY WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23' day of December, 2003, hold a duly -noticed Public Hearing to consider adoption of a recommendation on Environmental Assessment 2003-486, prepared for the proposed Project; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23' day of December, 2003, adopt Planning Commission Resolution 2003-110, recommending that the La Quinta City Council certify Environmental Assessment 2003-486, prepared for the proposed Project; and, WHEREAS, said Environmental Assessment complies with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Community Development Director conducted an Initial Study (Environmental Assessment 2000-486) and determined that, although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures incorporated into the Project approval will mitigate or reduce any potential impacts to a level of non -significance, and that a Mitigated Negative Declaration of Environmental Impact should be certified; and, Resolution No. 2004-003 Environmental Assessment 2003-486 - Robert Selan Adopted: January 6, 2004 Page 2 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following findings to certify said Environmental Assessment: 1. The proposed Project applications will not have the potential to degrade the quality of the environment, as the project in question will not be developed in any manner inconsistent with the General Plan and other current City standards when considering the required mitigation measures to be imposed. The Project will not have the potential to substantially reduce or cause 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. 2. There is no evidence before the City that the proposed Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 3. The proposed Project applications will not have the potential to achieve short term goals, to the disadvantage of long-term environmental goals, as no significant effects or environmental factors have been identified by the Environmental Assessment which can not be mitigated. 4. The proposed Project applications will not have impacts which are individually limited but cumulatively considerable when considering planned or proposed development in the immediate vicinity, in that development activity in the area has been previously analyzed as part of the project approval process. Cumulative project impacts have been considered and mitigation measures proposed in conjunction with approval of those projects, and development patterns in the area will not be significantly affected by the proposed Project. 5. The proposed Project applications will not have environmental effects that will adversely affect humans, either directly or indirectly, as the project contemplates land uses that are substantially similar to those already assessed under ultimate development of the La Quinta General Plan. No significant impacts have been identified which would affect human health, risk potential or public services. Resolution No. 20044003 Environmental Assessment 2003-486 - Robert Selan Adopted: January 6. 2004 Page 3 6. There is no substantial evidence in light of the entire record that the Project may have a significant effect on the environment. 7. The City Council has considered Environmental Assessment 2003-486 and determined that it reflects the independent judgement of the City. 8. The City has, on the basis of substantial evidence, rebutted the presumption of adverse effect set forth in 14 CAL Code Regulations 753.5(d). 9. The location and custodian of the City's records related to this Project is the Community Development Department, located at 78-495 Calle Tampico, La Quinta, California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That is does hereby certify Environmental Assessment 2003-486 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of January 2004, by the following vote, to wit: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: Council Member Perkins ABSTAIN: None DON A LPH, ayor City of La Quinta, California Resolution No. 2004-003 Environmental Assessment 2003-486 - Robert Selan Adopted: January 6, 2004 Page 4 ATTEST: JUN . GREEK, CMC, ,Ity Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: . KATHIECRINE JENSOISf, City At rney City of La Quinta, California Environmental Assessment 2003-486 Environmental Checklist Form l . Project title: General Plan Amendment 2003-096, Zone Change 2003-117, Specific Plan 2003-069, Tentative Tract Map 31798, Watermark Villas 2. Lead agency name and address: City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 3. Contact person and phone number: Wally Nesbit 760-777-7125 4. Project location: Northwest corner of Jefferson Street and Avenue 52. APN: 772-220-007 5. Project sponsor's name and address: Robert Selan 23-679 Calabasas Road, #386 Calabasas, CA 91302 6. General plan designation: 7. Zoning: Current - Neighborhood Commercial Proposed - Medium High Density Residential Current - Neighborhood Commercial Proposed - Medium High Density Residential 8. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project site consists of 21 acres located at the northwest corner of Jefferson Street and Avenue 52. The site is in agricultural use, but commercially dormant. The proposed project would result in the construction of up to 250 condominium units, 9 swimming pools, 2 lighted tennis courts, a clubhouse/restaurant, an office with sundry store, and ancillary facilities. The project proposes 31 two story, eight unit buildings and one single story two unit building, all with underground parking. The General Plan Amendment and Zone Change are required to change the land use designation from its current Neighborhood Commercial to Medium High Density Residential, to allow the residential land use. The Specific Plan has been prepared to establish design standards and guidelines for the project. The Specific Plan does not, however, include floor plans or elevations, and no Site Development Permit application has been submitted. The Tentative Tract Map is required to allow conveyance of the condominiums. 9. Surrounding land uses and setting: Briefly describe the projects surroundings: North: Single family residential, golf course - Citrus Course Country Club South: Avenue 52, Vacant, Golf Course (Silver Rock Ranch) West: Single family residential, golf course - Mountain View Country Club East: Vacant Neighborhood Commercial 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Coachella Valley Water District -1- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Hazards & Hazardous Materials Mineral Resources Public Services Utilities / Service Systems Agriculture Resources Air Quality Cultural Resources Geology /Soils Hydrology / Water Quality Land Use / Planning Noise Population / Housing Recreation Transportation/Traffic Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, X there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Name / Signature / Title Date -2- EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4). "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(cx3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation .Measures. For effects that are 'Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a projects environmental effects in whatever format is selected. -3- 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a X scenic vista? (General Plan Exhibit 3.6) b) Substantially damage scenic resources, X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Aerial photograph) c) Substantially degrade the existing X visual character or quality of the site and its surroundings? (Application materials) d) Create a new source of substantial X light or glare, which would adversely affect day or nighttime views in the area? (Application materials) I. a-c) The proposed project occurs on both Primary (Jefferson Street) and Secondary (Avenue 52) Image Corridors. As such, landscaped parkways will be required to conform to the requirements for Image Corridors in the General Plan. The project proposes to maintain a number of the date palm trees as part of the project landscaping. This landscaping feature will improve the aesthetic of the site both for residents and for those traveling on both Jefferson Street and Avenue 52. Impacts associated with scenic vistas and aesthetics are expected to be less than significant. I. d) ' The proposed project site is currently vacant. The project will generate light from landscaping lighting as well as from lighting of the proposed tennis courts on the eastern boundary of the project. All lighting is required to be contained on -site, including the lighting for the tennis courts, which will have to be shielded to ensure that they illuminate only the courts themselves. No stadium type lighting will be allowed. The standards imposed by the City for project lighting will therefore lower impacts to less than significant levels. -4- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact II. AGRICULTURE RESOURCES: Would theproject: a) Convert Prime Farmland, Unique X Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (General Plan EIR p. III-21 ff.) b) Conflict with existing zoning for X agricultural use, or a Williamson Act contract? (Zoning Map) c) Involve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (General Plan Land Use Map) II. a-c) The proposed project site is, and has been, a date palm grove. The proposed project design proposes to maintain a number of the date palm trees within the landscaping, which will preserve ' this traditional agricultural feature on site. The date palm trees can successfully continue production in the urban environment, and should be maintained as producing trees once integrated into the site. The site's size, 21 acres, limits its potential for long term agricultural potential, especially since the location is entirely urban in nature. The site's value as agricultural land, therefore, is considerably limited by both its size and location. Its loss in agricultural production will be a less than significant impact on agricultural resources in the area. -5- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact III. AIR QUALITY: Would the project: a) Conflict with or obstruct X implementation of the applicable air quality plan? (SCAQMD CEQA Handbook) b) Violate any air quality standard or X contribute substantially •to an existing or projected air quality violation? (SCAQMD CEQA Handbook) c) Result in a cumulatively considerable X net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? (SCAQMD CEQA Handbook, 2002 PM 10 Plan for the Coachella Valley) d) Expose sensitive receptors . to X substantial pollutant concentrations? (Project Description, Aerial Photo, site inspection) e)'Create objectionable odors affecting a X substantial number of people? (Project Description, Aerial Photo, site inspection) III. a, b & c) The City's primary source of pollution is the automobile. The proposed project will result in up to 250 residential dwelling units, which could generate up to 1,465 trips per day'. Based on this traffic generation, and an average trip length of 15 miles, the following emissions are expected to be generated from the project site. "Trip Generation, 6 h Edition," Institute of Transportation Engineers, Residential Condominium category. -6- Moving Exhaust Emission Projections at Project Buildout (pounds per day) ' Ave. Trip Total Total No. Vehicle Trips/Day Length (miles) miles/day 1,465 x 15 = 21,975 PMI0 PM10 PM10 Pollutant ROC CO NOX Exhaust Tire Wear Brake Wear Grams at 50 mph 19,977.75 51,421.50 10,548.00 - 219.75 219.75 Pounds at 50 mph 4.37 113.51 23.28 - 0.49 0.49 SCAQMD Threshold (lbs./day) 75 550 100 150 Assumes 1,465 ADT. Based on California Air Resources Board's EMFAC7G Emissions Model. Assumes Year 2005 summertime running conditions at 750F, light duty autos, catalytic. As demonstrated above, the proposed project will not exceed any of SCAQMD's recommended daily thresholds. The project's potential impacts to air quality are therefore expected to be less than significant. The City and Coachella Valley are a severe non -attainment area for PM 10 (Particulates of 10 microns or less). The Valley's 2002 PM 10 Plan adopted much stricter measures for the control of dust both during the construction process and during project operations. These measures will be integrated into conditions of approval for the proposed project. These include the following control measures. CONTROL MEASURE TITLE & CONTROL METHOD BCM-1 Further Control of Emissions from Construction Activities: Watering, chemical stabilization, wind fencing, revegetation, track -out control BCM-2 Disturbed Vacant Lands: Chemical stabilization, wind fencing, access restriction, revegetation BCM-3 Unpaved Roads and Unpaved Parking Lots: Paving, chemical stabilization, access restriction, revegetation BCM-4 Paved Road Dust: Minimal track -out, stabilization of unpaved road shoulders, clean streets maintenance The proposed project will generate dust during construction. Under mass grading conditions, this could result in the generation of 554.4 pounds per day, for a limited period while grading operations are active. The contractor will be required to submit a PM 10 Management Plan prior to initiation of any earth moving activity. In addition, the potential impacts associated with PM 10 can be mitigated by the measures below. l . Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. -7- 2. Existing power sources should be utilized where feasible via temporary power poles to avoid on -site power generation. 3. Construction personnel shall be informed of ride sharing and transit opportunities. 4. Cut and fill quantities will be balanced on site. 5. Any portion of the site to be graded shall be pre -watered to a depth of three feet prior to the onset of grading activities. 6. Watering of the site or other soil stabilization method shall be employed on an on- going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly to ensure that a crust is formed on the ground surface, and shall be watered at the end of each work day. 7. Any area which remains undeveloped for a period of more than 30 days shall be stabilized using either chemical stabilizers or a desert wildflower hydroseed mix on the affected portion of the site. 8. Landscaped areas shall be installed as soon as possible to reduce the potential for wind erosion. Parkway landscaping on Avenue 52 and Jefferson Street shall be installed immediately following mass grading of the site. 9. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction related dirt on approach routes to the site. 10. All grading activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour 11. The project proponent shall notify the City and SCAQMD of the start and end of grading activities in conformance and within the time frames established in the 2002 PM 10 Management Plan. Implementation of these mitigation measures will ensure that impacts associated with PM 10 are mitigated to a less than significant level. -8- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, X either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ("Watermark Villas Biological Resources Survey," AMEC, October 2003) b) Have a substantial adverse effect on X any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ("Watermark Villas Biological Resources Survey," AMEC, October 2003) c) Have a substantial adverse effect on X federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ("Watermark Villas Biological Resources Survey," AMEC, October 2003 ) d) Interfere substantially with the X movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ("Watermark Villas Biological Resources Survey," AMEC, October 2003) e) Conflict with any local policies or X ordinances protecting biological resources, such as a tree preservation -9- policy or ordinance? ("Watermark Villas Biological Resources Survey," AMEC, October 2003) f) Conflict with the provisions of an X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ("Watermark Villas Biological Resources Survey," AMEC, October 2003) IV. a-f)A biological resource survey was prepared for the project site 2. The survey found that the agricultural activity had significantly impacted the site's potential for indigenous species, and that the likelihood that sensitive species, including the Burrowing Owl, occurred on the site was extremely low. The survey included both site inspections and record searches. In the site inspections, no Burrowing Owl was observed on the site. Although the species can often be found in agricultural lands, date palm groves, which do not provide clear views of the species predators, are not suitable for their use. The survey further did not identify species under consideration in the Coachella Valley Multiple Species Habitat Conservation Plan on the site. Given its use as agricultural land, and its relatively isolated location, with development on two sides and roadways on two sides, the site's value for indigenous species is limited. Impacts of development of the project site on biological resources are expected to be less than significant. 2 "Watermark Villas Biological Resources Survey," prepared by MEC Earth and Environmental, October 2003. U11! Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact V. CULTURAL RESOURCES -- Would theproject: a) Cause a substantial adverse change in X the significance of a historical resource as defined in ' 15064.5? ("Historical/Archaeological Resources Survey..," CRM Tech, October 2003) b) Cause a substantial adverse change in X the significance of an archaeological resource pursuant to ' 15064.5? ("Historical/Archaeological Resources Survey..," CRM Tech, October 2003) c) Directly or indirectly destroy a unique X paleontological resource or site or unique geologic feature? ("Paleontological Resources Assessment," CRM Tech, October 2003) d) Disturb any human remains, including X those interred outside of formal cemeteries? ("Historical/Archaeological Resources Survey," CRM Tech, October 2003) V. a, b & d) A cultural resource survey was completed for the project site 3. The records search identified several sites in the area of the proposed project, but none immediately adjacent; while the historic record shows structures on the property dating back 60+ years which are no longer in existence. The field survey identified neither historic nor archaeological resources on the site. Since cultural resources can remain buried, including on agriculturally active sites, the following mitigation measure shall be implemented to assure that any buried artifact is adequately mitigated. 1. Should any historic or archaeological artifact be uncovered during any earth moving activity on the site, all work shall cease, and an archaeological monitor shall be retained to evaluate the material. The archaeologist shall be empowered -to stop or redirect earth -moving activities. The archaeologist shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. Implementation of this mitigation measure will assure that any potential impacts to cultural resources are mitigated to a less than significant level. "Historical/Archaeological Resources Survey Report," prepared by CRM Tech, October 2003. -11- V. c) A paleontologic survey was conducted for the project site 4. The study included both records searches and field surveys. The field surveys found remains of freshwater snails and mollusks, which are considered evidence of Halocene Lake Cahuilla lakebed. The study further found that excavation at the site could result in the identification of additional materials, and that impacts could be significant without mitigation. The following mitigation measure shall therefore be implemented: l . A paleontologic monitor shall be on site during earth moving activities on any portion of the site where undisturbed Lake Cahuilla lakebeds occur. The monitor shall quickly salvage any uncovered fossils and avoid construction delays. The monitor shall be empowered to stop or redirect earth -moving activities. All specimens shall be professionally collected, cleaned and curated. The monitor shall file a report with the Community Development Department immediately following completion of earth moving activities, on the findings at the site. With the implementation of this mitigation measure, impacts to paleontologic resources will be reduced to less than significant levels. 4 "Paleontological Resources Assessment Report," prepared by CRM Tech, October 2003. -12- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) ii) Strong seismic ground shaking? X ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) iii) Seismic -related ground failure, X including liquefaction? ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) iv) Landslides? ("Geotechnical Engineering X Report," Earth Systems Southwest, October 2003) b) Result in substantial soil erosion or X the loss of topsoil? ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) d) Be located on expansive soil, as X defined - in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property ("Geotechnical Engineering Report," Earth Systems Southwest, October 2003) e) Have soils incapable of adequately X supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the -13- disposal of wastewater? (General Plan Exhibit 8.1) VI. a-e) A geotechnical study was prepared for the proposed projects. The analysis found that the site is located in a seismic Zone 4, and that like other parts of the City, a significant earthquake in the region will result in significant groundshaking at the project site. The study also found that the soils at the site are suitable for both the above -ground and underground facilities planned for the site. The City Engineer will require site specific analysis of the soil conditions on the site with the submittal of grading and building permits. These analyses will provide the City with the data to ensure that the structures are constructed to a sufficient standard to withstand significant ground shaking. The study also determined that the site is not susceptible to liquefaction, landslides or expansive soils. Although the site is subject to high winds, the applicant will be required to submit a PM 10 Management Plan (see Air Quality, above), which will ensure that impacts associated with wind erosion are reduced to less than significant levels. 5 "Geotechnical Engineering Report Proposed 21 Acre Development..." prepared by Earth Systems Southwest, October, 2003. -14- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VII. HAZARDS AND HAZARDOUS MATERIALS --Would theproject: a) Create a significant hazard to the X public or the environment through the routine transport, use, or disposal of hazardous materials? (Application materials) b) Create a significant hazard to the X public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Application materials) c) Emit hazardous emissions or handle X 'hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Application materials) d) Be located on a site which is included X on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Riverside County Hazardous Materials Listing) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project result in a safety hazard for people residing or working in the project area? (General Plan land use map) g) Impair implementation of or X physically interfere with an adopted, -15- emergency response plan or emergency evacuation plan? (General Plan MEA p. 95 ff) h) Expose people or structures to a X significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (General Plan land use map) VII. a-h) The construction of residential uses on the proposed project site will not result in significant impacts associated with hazardous materials. The City implements the standards of the Household Hazardous Waste programs through its waste provider. These regulations and standards ensure that impacts to surrounding areas, or within the project itself, are less than significant. -16- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact VIII. HYDROLOGY AND WATER UALITY -- Would theproject: a) Violate any water quality standards or X waste discharge requirements? (General Plan EIR p. III-187 ff.) b) Substantially deplete groundwater X supplies or interfere substantially with groundwater recharge such that there would ' be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (General Plan EIR p. III-187 ff. c) Substantially alter the existing X drainage pattern of the site or area, including through the .alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? (Specific Plan) d) Substantially alter the existing X drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? (Specific Plan) e) Create or contribute runoff water X which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Specific Plan) f) Place housing - within a 100-year flood X hazard area as mapped on a federal Flood -17- Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Master Environmental Assessment Exhibit 6.6) g) Place within a 100-year flood hazard X area structures that would impede or redirect flood flows? (Master Environmental Assessment Exhibit 6.6) VIII. a & b) Domestic water is supplied to the project site by the Coachella Valley Water District (CVWD). The proposed project will generate a need for water for residential units and landscaping. The CVWD has prepared a Water Management Plan, which indicates that it has sufficient water sources to accommodate growth in its service area. The CVWD has implemented or is implementing water conservation, purchase and replenishment measures, which will result in a surplus of water in the long term. The project proponent will also be required to implement the City's water efficient landscaping and construction provisions, which will ensure that the least amount of water is utilized within the homes. The Coachella Valley Water District will impose conditions of approval for the treatment of wastewater from the facilities constructed on the project site. The applicant will also be required to comply with the City's NPDES standards, requiring that potential pollutants not be allowed to enter surface waters. These City standards will assure that impacts to water quality and quantity will be less than significant. VIII. c & d) The proposed project will be responsible for the drainage of on and off site flows, and has been designed to include retention areas within the project. The City Engineer requires that these retention areas retain the 100-year storm on site, and this will be accomplished in the landscaped areas of the project. These City requirements are expected to lower potential impacts to a less than significant level. VIII. e-g) The construction of the proposed project will not have an impact on the City's storm drainage system. The site is not located within a FEMA designated 100-year storm area. -1 s- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established X community? (Aerial photo) b) Conflict with any applicable land use X plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (General Plan Land Use Element) c) Conflict with any applicable habitat X conservation plan or natural community conservation plan? (Master Environmental Assessment p. 74 ff.) IX. a-c) The proposed Specific Plan and Tract Map will result in the construction of residential units consistent with surrounding development in the area. The General Plan Amendment and Zone Change will increase the amount of Medium High Density Residential land available in the City. The site is located at an intersection where three of the four corners are now designated for neighborhood commercial development, and the use of this site as neighborhood commercial is therefore less likely. The proposed project will not conflict with General Plan designations or policies, and is expected to represent an extension of the existing development in the area. -19- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a X known mineral resource that would be of value to the region and the residents of the state? (Master Environmental Assessment p. 71 ff.) b) Result in the loss of availability of a X locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Master Environmental Assessment p. 71 ff.) X. a & b) The proposed project site is within the MRZ-1 Zone, and is therefore not considered to have potential for mineral resources. -20- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XI. NOISE Would the project result in: a) Exposure of persons to or generation X of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) b) Exposure of persons to or generation X of excessive groundborne vibration or groundborne noise levels? ("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) c) A substantial permanent increase in X ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) d) A substantial temporary or periodic X increase in ambient noise levels in the project vicinity above levels existing without the project? ("Preliminary Noise Study," prepared by Urban Crossroads, October 2003) e) For a project located within an airport X land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) f) For a project within the vicinity of a X private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (General Plan land use map) -21- XI. a-f)A noise impact study was conducted for the proposed project 6. The study found that unmitigated noise levels at the subject property can be expected to exceed the City's standards for both exterior and interior noise levels, due to the high volume of traffic expected on both Jefferson Street and Avenue 52. These noise levels, however, can be mitigated through physical improvements to the site, as follows: 1. A minimum 5-foot high wall shall be constructed along the entire frontage of the property on Jefferson Street and Avenue 52. The wall shall be of solid construction, with no openings or cutouts. 2. All buildings along Jefferson Street and Avenue 52 shall be provided with a "windows closed" condition requiring a means of mechanical ventilation. 3. Homes on Jefferson Street and Avenue 52 shall be provided with weather-stripped solid core exterior doors and exterior wall/roof assemblies which are free of cut outs and openings. The project will generate higher noise levels during all phases of construction. This noise generation, however, will occur during the less sensitive daytime hours. Sensitive receptors occur immediately west and north of the project site. They could be subjected to higher noise levels during construction operations. In order to assure that impacts to the occupied dwelling units is less than significant, the following mitigation measures shall be implemented. 1. All construction activities shall occur during the hours prescribed in the La Quinta Municipal Code. 2. All stationary equipment shall be placed as far away from existing residential development as possible once construction begins on the project site. 3. All construction vehicles shall be equipped with well maintained and operative mufflers. 6 "APN 772-220-007 Preliminary Noise Study," prepared by Urban Crossroads, October 2003. Ritz Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth X in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (General Plan, p. 9 ff., application materials) b) Displace substantial numbers of X existing housing, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) c) Displace substantial numbers of X people, necessitating the construction of replacement housing elsewhere? (General Plan, p. 9 ff., application materials) XII. a-c) The project site is currently in agriculture, and there will be no displacement or need for additional housing as a result of the proposed project. The project will provide additional Medium High Density Residential Development in the City, and broaden the variety of housing available for current and future residents. Impacts associated with population and housing are expected to be less than significant. -23- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (General Plan MEA, p. 57) X Police protection? (General Plan MEA, p. 57) X Schools? (General Plan MEA, p. 52 ff.) X Parks? (General Plan; Recreation and Parks X Master Plan) Other public facilities? (General Plan MEA, X p. 46 ff.) XIII. a)Buildout of the site will have a less than significant impact on public services. The County Sheriff and Fire Departments will serve the proposed project, under City contract. Buildout of the proposed project will generate property tax, which will assist in offsetting the costs of added police and fire services. The project will be required to pay the mandated school fees in place at the time of issuance of building permits. -24- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XIV. RECREATION -- a) Would the project increase the use of X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Application materials) b) Does the project include recreational X facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? (Application materials) XIV. a & b) The proposed project includes on site recreational amenities, including swimming pools, tennis courts and landscaped open space areas, which will provide recreational opportunities for the residents and lower the potential impacts to City facilities. -25- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic that is X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the nLlmber of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ("Traffic Impact Report...," Paul Singer, PE, September, 2003) b) Exceed, either individually or X cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? ("Traffic Impact Report...," Paul Singer, PE, September, 2003) c) Result in a change in air traffic X patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No air traffic involved in project) d) Substantially increase hazards due to a X design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ("Traffic Impact Report...," Paul Singer, PE, September, 2003) e) Result in inadequate emergency X access? .(Project description) f) Result in inadequate parking capacity? X ("Traffic Impact Report...," Paul Singer, PE, September, 2003) g) Conflict with adopted policies, plans, X or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Project description) -26- XV. a-g) A traffic impact report was prepared for the proposed project'. The traffic impact report found that the daily trips associated with the proposed project will not significantly impact the circulation at the intersection of Jefferson Street and Avenue 52. Further, the General Plan Amendment and Change of Zone, from a commercial to a residential land use, will provide an overall reduction in trips at this intersection, since a commercial project at this location would result in considerably higher traffic volumes, particularly during the peak hour. The traffic study also found that access from the project site on Avenue 52 should be right in-right-out/left-in only, and that on Jefferson should be right - in -right -out only. No other mitigation measures are necessary. "Traffic Impact Report for Watermark Villas at SilverRock Ranch," prepared by Paul Singer, P.E., September 2003. -27- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVI. UTILITIES AND SERVICE SYSTEMS B Would the project: a) Exceed wastewater treatment X requirements of the applicable Regional Water Quality Control Board? (General Plan MEA, p. 58 ff.) b) Require or result in the construction of X new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) c) Require or result in the construction of X new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (General Plan MEA, p. 58 ff.) d) Have sufficient water supplies X available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (General Plan MEA, p. 58 ff.) e) Result in a determination by the X wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project=s projected demand in addition to the provider=s existing commitments? (General Plan MEA, p. 58 ff.) f) Be served by a landfill with sufficient X permitted capacity to accommodate the project=s solid waste disposal needs? (General Plan MEA, p. 58 ff.) g) Comply with federal, state, and local X statutes and regulations related to solid waste? (General Plan MEA, p. 58 ff.) -28- XVI. a-g) Utilities are available at the project site. The service providers for water, sewer, electricity and other utilities have facilities in the immediate vicinity of the site, and will collect connection and usage fees to balance for the cost of providing services. No significant impacts are expected as a result of the construction of the proposed project. -29- Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to X achieve short-term, to the disadvantage of long-term environmental goals? b) Does the project have impacts that are X individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental X effects that will cause substantial adverse effects on human beings, either directly or indirectly? XVII. a) The site has been identified as having a potential for paleontologic resources. However, mitigation measures proposed above will reduce these potential impacts to a less than significant level. XVII.b) The proposed project supports the long term goals of the General Plan by providing a variety of housing opportunities for City residents. The proposed project varies from the standard subdivision often proposed in the City, and will broaden the City's housing stock. -30- F. XVII. c) The project will not have considerable cumulative impacts, and will reduce cumulative traffic impacts by changing the land use from commercial to residential. XVII. d) The proposed project has the potential to adversely affect human beings, due to air quality and noise impacts. Since the Coachella Valley is in a non -attainment area for PM 10, and the site will generate a high level of criteria pollutants, which can cause negative health effects, Section III), above, includes a number of mitigation measures to reduce the potential impacts on air quality. Noise impacts have been mitigated above to less than significant levels. XVIII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Not applicable. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Not applicable. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. Not applicable. -31- N U d 0 a� ti O O U 3 0 0 o z o N a Z O d H A " p wU� a daa d � o N � M � O � O O N o a N U 00 �M 'C3 � O CIS U � ch Cfj 64 a N > 0000 � 4� A . N C7 U H N o A� o z� H � a A V W d F A z dWWA a �w OV a U o o ,ce o c c bA C � = . o . 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